Section 44 Extraordinary functions of judges of High Court.C1
England and Wales
Subject to the provisions of this Act, every judge of the High Court shall be—
liable to perform any duty not incident to the administration of justice in any court of law which a judge of the High Court was, as the successor of any judge formerly subject to that duty, liable to perform immediately before the commencement of this Act by virtue of any statute, law or custom; and
empowered to exercise any authority or power not so incident which a judge of the High Court was, as the successor of any judge formerly possessing that authority or power, empowered to exercise immediately before that commencement by virtue of any statute, law or custom.
Any such duty, authority or power which immediately before commencement of this Act was imposed or conferred by any statute, the law or custom on F1. . . the Lord Chief Justice or the Master of the Rolls shall continue to be performed and exercised by them respectively.
Annotations
Textual amendments
- F1
Words in s. 44(2) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 126, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(p), 30(b)
Modifications
- C1
S. 44 modified (7.1.2014) by Crime and Courts Act 2013 (c. 22), ss. 24, 61(3); S.I. 2013/3176, art. 2 (with art. 3)
Notes on the whole Act
Textual amendments
- F1
Act: "The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts Act 1981" (1.10.2009) by virtue of the Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(1); S.I. 2009/1604, art. 2(d)
- F2
Act: words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)