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The Senior Courts (Transfer, Amendment and Consequential Provision) Order 2026

S.I. 2026/723 · Made 8 July 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SENIOR COURTS OF ENGLAND AND WALES

Made 8th July 2026

Laid before Parliament 15th July 2026

Coming into force 1st October 2026

Under section 7(1) of the Senior Courts Act 1981f1, the Lord Chancellor and the judges mentioned in subsection (2) of that section made a recommendation for the transfer of the Admiralty Court and Commercial Court from the King’s Bench Division to the Chancery Division.

His Majesty, in pursuance of the powers conferred on Him by section 7(1) and (3) of the Senior Courts Act 1981, is pleased, by and with the advice of His Privy Council, to order as follows.

Annotations to the whole text

Footnotes

f1

1981 c. 54; section 7 was amended by paragraph 120 of Schedule 4 and Schedule 18 to the Constitutional Reform Act 2005 (c. 4).

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Senior Courts Act 1981
  3. 3Amendments of primary legislation
  4. 4Amendments of subordinate legislation
  5. Signature
  6. Schedule 1: Amendments to primary legislation
  7. 1Defence Act 1842
  8. 2Public Notaries Act 1843
  9. 3National Debt Act 1870
  10. 4Public Works Loans Act 1875
  11. 5Technical and Industrial Institutions Act 1892
  12. 6Public Trustee Act 1906
  13. 7Law of Property Act 1922
  14. 8Settled Land Act 1925
  15. 9Law of Property Act 1925
  16. 10Courts Act 1971
  17. 11Judicial Pensions Act 1981
  18. 12Senior Courts Act 1981
  19. 13County Courts Act 1984
  20. 14Matrimonial and Family Proceedings Act 1984
  21. 15Insolvency Act 1986
  22. 16Courts and Legal Services Act 1990
  23. 17Judicial Pensions and Retirement Act 1993
  24. 18Employment Tribunals Act 1996
  25. 19Human Rights Act 1998
  26. 20Access to Justice Act 1999
  27. 21Land Registration Act 2002
  28. 22Courts Act 2003
  29. 23Constitutional Reform Act 2005
  30. 24Mental Capacity Act 2005
  31. 25Tribunals, Courts and Enforcement Act 2007
  32. 26Charities Act 2011
  33. 27Crime and Courts Act 2013
  34. 28Public Service Pensions and Judicial Offices Act 2022
  35. Schedule 2: Amendments to subordinate legislation
  36. 1Public Trustee Rules 1912
  37. 2Reserve and Auxiliary Forces (Protection of Civil Interests) Rules 1951
  38. 3Pensions Increase (Judicial Pensions) Regulations 1972
  39. 4Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
  40. 5Judicial Pensions (Preservation of Benefits) Order 1988
  41. 6Judicial Pensions (Requisite Benefits) Order 1988
  42. 7London Government Reorganisation (Property etc) (No. 2) Order 1989
  43. 8West Yorkshire Residuary Body (Transfer of Property etc.) Order 1990
  44. 9Cross-Border Insolvency Regulations 2006
  45. 10Family Procedure Rules 2010
  46. 11Civil Legal Aid (Remuneration) Regulations 2013
  47. 12Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
  48. 13Judicial Appointments Commission Regulations 2013
  49. 14Civil Courts Order 2014
  50. 15Family Court (Contempt of Court) (Powers) Regulations 2014
  51. 16Family Court (Composition and Distribution of Business) Rules 2014
  52. 17Public Service Pensions Act 2013 (Judicial Offices) Order 2015
  53. 18Insolvency (England and Wales) Rules 2016
  54. 19Judicial Pensions (Fee-Paid Judges) Regulations 2017
  55. 20Trade Secrets (Enforcement, etc.) Regulations 2018
  56. 21Housing Administration (England and Wales) Rules 2018
  57. 22Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) Regulations 2022
  58. 23Judicial Offices (Sitting in Retirement - Prescribed Offices and Descriptions) Regulations 2022
  59. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Senior Courts (Transfer, Amendment and Consequential Provision) Order 2026.

(2)

This Order comes into force on 1st October 2026.

(3)

This Order extends to England and Wales.

2Amendment of the Senior Courts Act 1981

(1)

The Senior Courts Act 1981f1 is amended as follows.

(2)

In section 5(1)(a) (divisions of High Court)—

(a)

for “Chancery Division” substitute “Business and Property Division”;

(b)

for “the Chancellor of the High Court, who shall be president thereof,” substitute “the President of the Business and Property Division”.

(3)

In section 6 (the Patents, Admiralty and Commercial Courts), for subsection (1) substitute—

“(1)

There shall be as part of the Business and Property Division—

(a)

a Patents Court,

(b)

an Admiralty Court, and

(c)

a Commercial Court.”.

3Amendments of primary legislation

Schedule 1 to this Order, which contains amendments to primary legislation in consequence of article 2, has effect.

4Amendments of subordinate legislation

Schedule 2 to this Order, which contains amendments to subordinate legislation in consequence of article 2, has effect.

Signature

Richard Tilbrook

Clerk of the Privy Council

1Defence Act 1842

(1)

The Defence Act 1842f1 is amended as follows.

(2)

In section 31 (for enrolment of deeds relating to lands, &c. in England and Wales), for “High Court of Chancery” substitute “Business and Property Division of the High Court”.

(3)

In section 32 (deeds not required to be acknowledged, &c)—

(a)

after “enrolled in” insert “the Business and Property Division of the High Court in England and Wales or”;

(b)

omit “England or”.

2Public Notaries Act 1843

In section 5 of the Public Notaries Act 1843f1 (appeal), for “Chancellor of the High Court” substitute “President of the Business and Property Division of the High Court”, in each place it occurs.

3National Debt Act 1870

In section 3 of the National Debt Act 1870f1 (interpretation of terms), in the definition of “The Court of Chancery”, for “Court of Chancery in England” substitute “Business and Property Division of the High Court in England and Wales”.

4Public Works Loans Act 1875

In section 28 of the Public Works Loans Act 1875f1 (application of money arising on taking possession, sale, mortgage, &c. by the Treasury), for “Chancery Division” substitute “Business and Property Division”.

5Technical and Industrial Institutions Act 1892

In section 7 of the Technical and Industrial Institutions Act 1892f1 (conveyances by limited owners), in subsection (2), for “Chancery Division” substitute “Business and Property Division”.

6Public Trustee Act 1906

In the following provisions of the Public Trustee Act 1906f1, for “Chancery Division” substitute “Business and Property Division”—

(a)

section 10 (appeal to the court), in subsection (2);

(b)

section 13 (investigation and audit of trust accounts), in subsection (7).

7Law of Property Act 1922

In section 188 of the Law of Property Act 1922f1 (general definitions and jurisdiction of the court), in subsection (6), for “Chancery Division” substitute “Business and Property Division”.

8Settled Land Act 1925

In section 113 of the Settled Land Act 1925f1 (jurisdiction and procedure), in subsection (1), for “Chancery Division” substitute “Business and Property Division”.

9Law of Property Act 1925

In section 203 of the Law of Property Act 1925f1 (payment into court, jurisdiction and procedure), in subsection (4), for “Chancery Division” substitute “Business and Property Division”.

10Courts Act 1971

In Schedule 2 to the Courts Act 1971f1 (holders of certain existing judicial offices), in Part 1A (certain office-holders eligible for appointment as circuit judges), for “Master of the Chancery Division” substitute “Master of the Business and Property Division”.

11Judicial Pensions Act 1981

In Schedule 1 to the Judicial Pensions Act 1981f1 (certain Senior Courts and county court officers, and President of Transport Tribunal), in paragraph 1, for “Master, Chancery Division” substitute “Master, Business and Property Division”.

12Senior Courts Act 1981

(1)

The Senior Courts Act 1981f1 is amended as follows.

(2)

In the following provisions, for “Chancellor of the High Court” substitute “President of the Business and Property Division”—

(a)

section 2 (the Court of Appeal), in subsections (2)(h) and (6);

(b)

section 4 (the High Court), in subsections (1)(d) and (6);

(c)

section 7 (power to alter Divisions or transfer certain courts to different Divisions), in subsection (2);

(d)

section 10 (appointment of judges of Senior Courts), in subsections (1), (3)(a) and (5)(d);

(e)

section 11 (tenure of office of judges of Senior Courts), in subsection (9)(a);

(f)

section 13 (precedence of judges of Senior Courts), in subsections (3) and (4);

(g)

section 98 (judges’ clerks and secretaries), in subsection (1).

(3)

In section 89 (masters and registrars), in subsection (3C), in the table, for the entry relating to the Chief Chancery Master substitute—

“

Chief Master of the Business and Property DivisionMaster of the Business and Property Division

”.

(4)

In Schedule 1 (distribution of business in High Court), in paragraph 1 (and the heading before it), for “Chancery Division” substitute “Business and Property Division”.

(5)

In Part 2 of Schedule 2 (list of offices in Senior Courts for purposes of Part 4), in the first column of the table (office), for “Master, Chancery Division” substitute “Master, Business and Property Division”.

13County Courts Act 1984

(1)

The County Courts Act 1984f1 is amended as follows.

(2)

In section 5 (judges of the county court), in subsection (2)(e), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.

(3)

In section 18 (jurisdiction by agreement in certain actions), for “Chancery Division” substitute “Business and Property Division”.

14Matrimonial and Family Proceedings Act 1984

In section 31C of the Matrimonial and Family Proceedings Act 1984f1 (judges of the family court), in subsection (1)(e), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.

15Insolvency Act 1986

In section 413 of the Insolvency Act 1986f1 (Insolvency Rules Committee), in subsection (3)(a), for “Chancery Division” substitute “Business and Property Division”.

16Courts and Legal Services Act 1990

(1)

The Courts and Legal Services Act 1990f1 is amended as follows.

(2)

In the following provisions, for “Chancellor of the High Court” substitute “President of the Business and Property Division”—

(a)

section 1 (allocation of business between High Court, family court and county court), in subsection (9);

(b)

section 119 (interpretation), in subsection (1), in the definition of “designated judge”.

(3)

In the following provisions, for “Master of the Chancery Division” substitute “Master of the Business and Property Division”—

(a)

section 76 (judicial oaths), in subsection (1)(c);

(b)

Schedule 11 (judges etc barred from legal practice).

17Judicial Pensions and Retirement Act 1993

(1)

The Judicial Pensions and Retirement Act 1993f1 is amended as follows.

(2)

In Schedule 1 (the offices which may be qualifying judicial offices)—

(a)

in Part 1 (judges), for “Chancellor of the High Court” substitute “President of the Business and Property Division”;

(b)

in Part 2 (other appointments, court officers), for “Master, Chancery Division” substitute “Master, Business and Property Division”.

(3)

In Schedule 5 (retirement provisions: the relevant offices), for “Master, Chancery Division” substitute “Master, Business and Property Division”, in each place it occurs.

18Employment Tribunals Act 1996

In section 5D of the Employment Tribunals Act 1996f1 (judicial assistance), in subsection (4)(b)(ia), for “or Family Division, or the Chancellor, of” substitute “, the Family Division or the Business and Property Division of”.

19Human Rights Act 1998

In section 4 of the Human Rights Act 1998f1 (declaration of incompatibility), in subsection (5)(f), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.

20Access to Justice Act 1999

In section 56 of the Access to Justice Act 1999f1 (power to prescribe alternative destination of appeals), in subsection (4)(e), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.

21Land Registration Act 2002

In section 127 of the Land Registration Act 2002f1 (exercise of powers), in subsection (2)(a), for “Chancery Division” substitute “Business and Property Division”.

22Courts Act 2003

(1)

The Courts Act 2003f1 is amended as follows.

(2)

In the following provisions, for “Chancellor of the High Court” substitute “President of the Business and Property Division”—

(a)

section 2 (court officers, staff and services), in subsection (7)(e);

(b)

section 62 (Head and Deputy Head of Civil Justice), in subsection (4)(b)(i);

(c)

section 64 (power to alter judicial titles), in subsections (2) and (4)(d);

(d)

section 92 (fees), in subsection (5)(d);

(e)

paragraph 12(4)(d) of Schedule 7 (enforcement of certain writs and warrants).

(3)

In section 64 (power to alter judicial titles), in subsection (2)—

(a)

for “Chief Chancery Master” substitute “Chief Master of the Business and Property Division”;

(b)

for “Master of the Chancery Division” substitute “Master of the Business and Property Division”.

23Constitutional Reform Act 2005

(1)

The Constitutional Reform Act 2005f1 is amended as follows.

(2)

In the following provisions, for “Chancellor of the High Court” substitute “President of the Business and Property Division”—

(a)

section 16 (functions of the Lord Chief Justice during vacancy or incapacity), in subsection (3)(d);

(b)

section 52 (fees), in subsection (5)(i);

(c)

section 60 (interpretation of Part 3), in subsection (1), in paragraph (i) of the definition of “the senior judges”;

(d)

section 67 (selection of Lord Chief Justice and Heads of Division), in subsection (1)(e);

(e)

section 109 (disciplinary powers: interpretation), in subsection (5)(d);

(f)

section 122 (interpretation of Part 4), in paragraph (d) of the definition of “Head of Division”.

(3)

In Schedule 4 (other functions of the Lord Chancellor and organisation of the courts)—

(a)

in paragraph 1(1) and (2), for “Chancellor of the High Court” substitute “President of the Business and Property Division”;

(b)

in paragraph 6, for “Chancery Division” substitute “Business and Property Division”.

(4)

In Table 2 of Schedule 14 (the Judicial Appointments Commission: relevant offices and enactments)—

(a)

for “Master, Chancery Division” substitute “Master, Business and Property Division”;

(b)

for “Chief Chancery Master” substitute “Chief Master of the Business and Property Division”.

24Mental Capacity Act 2005

In section 46 of the Mental Capacity Act 2005f1 (the judges of the Court of Protection), in subsection (2)(b), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.

25Tribunals, Courts and Enforcement Act 2007

In section 6 of the Tribunals, Courts and Enforcement Act 2007f1 (certain judges who are also judges of the First-tier Tribunal and Upper Tribunal), in subsection (1)(ze), for “Chancellor of the High Court” substitute “President of the Business and Property Division of the High Court”.

26Charities Act 2011

In section 115 of the Charities Act 2011f1 (proceedings by other persons), in subsection (5), for “Chancery Division” substitute “Business and Property Division”.

27Crime and Courts Act 2013

In the following provisions of the Crime and Courts Act 2013f1, for “Chancellor of the High Court” substitute “President of the Business and Property Division”—

(a)

section 20 (judicial appointments);

(b)

in Schedule 13 (judicial appointments)—

(i)

paragraph 85, in the definition of “Head of Division”;

(ii)

paragraph 86.

28Public Service Pensions and Judicial Offices Act 2022

In Schedule 3 to the Public Service Pensions and Judicial Offices Act 2022f1 (judicial offices), in Part 1—

(a)

for “Deputy Master, Chancery Division” substitute “Deputy Master, Business and Property Division”;

(b)

for “Master, Chancery Division” substitute “Master, Business and Property Division”.

1Public Trustee Rules 1912

In rule 15 of the Public Trustee Rules 1912f1, in paragraph (2)(a)—

(a)

for “Chancery Division”, substitute “Business and Property Division”;

(b)

for “Vice Chancellor”, substitute “President of the Business and Property Division”.

2Reserve and Auxiliary Forces (Protection of Civil Interests) Rules 1951

In the following provisions of the Reserve and Auxiliary Forces (Protection of Civil Interests) Rules 1951f1, for “Chancery Division” substitute “Business and Property Division”—

(a)

rule 12 (application for leave or for a declaratory order), in paragraph (4);

(b)

rule 17 (service), in paragraph (6).

3Pensions Increase (Judicial Pensions) Regulations 1972

In paragraphs 9(a) and 10(a) of the Schedule to the Pensions Increase (Judicial Pensions) Regulations 1972f1 (judicial pensions, together with tables giving multipliers), for “Chancery Division” substitute “Business and Property Division”.

4Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

In Part 4 of Schedule 1 to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975f1 (excepted professions, offices, employments, work and occupations), in the definition of “judges of the Supreme Court”, for “Chancellor of the High Court” substitute “President of the Business and Property Division”.

5Judicial Pensions (Preservation of Benefits) Order 1988

In Schedule 2 to the Judicial Pensions (Preservation of Benefits) Order 1988f1 (office), for “Master of the Supreme Court (Chancery Division)” substitute “Master of the Supreme Court (Business and Property Division)”.

6Judicial Pensions (Requisite Benefits) Order 1988

In Schedule 2 to the Judicial Pensions (Requisite Benefits) Order 1988f1 (office), for “Master of the Supreme Court (Chancery Division)” substitute “Master of the Supreme Court (Business and Property Division)”.

7London Government Reorganisation (Property etc) (No. 2) Order 1989

In article 9 of the London Government Reorganisation (Property etc.) (No. 2) Order 1989f1 (rights and liabilities), in paragraph (2)(b), for “Chancery Division” substitute “Business and Property Division”.

8West Yorkshire Residuary Body (Transfer of Property etc.) Order 1990

In article 5 of the West Yorkshire Residuary Body (Transfer of Property etc.) Order 1990f1 (transfer of proceedings), in paragraph (4), for “Chancery Division” substitute “Business and Property Division”.

9Cross-Border Insolvency Regulations 2006

In Schedule 1 to the Cross-Border Insolvency Regulations 2006f1 (UNCITRAL Model Law on cross-border insolvency), in the text of article 4(1) (competent court), for “Chancery Division” substitute “Business and Property Division”.

10Family Procedure Rules 2010

In rule 2.3(1) of the Family Procedure Rules 2010f1 (interpretation), in the definition of “judge”, in paragraph (b)(v), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.

11Civil Legal Aid (Remuneration) Regulations 2013

In regulation 2 of the Civil Legal Aid (Remuneration) Regulations 2013f1 (interpretation), in paragraph (1), in the definition of “judge of High Court judge level”, in sub-paragraph (e), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.

12Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013

In regulation 8 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013f1 (panels of members for tribunals), in paragraphs (2G)(a)(ii) and (2H)(b), for “or Family Division, or the Chancellor, of” substitute “, Family Division or Business and Property Division of”.

13Judicial Appointments Commission Regulations 2013

In regulation 13 of the Judicial Appointments Commission Regulations 2013f1 (panels), in paragraph (15)(d), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.

14Civil Courts Order 2014

(1)

The Civil Courts Order 2014f1 is amended as follows.

(2)

In article 1 (commencement, citation and interpretation), omit paragraph (2).

(3)

In article 2 (district registries of the High Court), omit paragraph (3).

(4)

In the Schedule, omit “(Chancery)”, in each place it occurs.

15Family Court (Contempt of Court) (Powers) Regulations 2014

In regulation 2 of the Family Court (Contempt of Court) (Powers) Regulations 2014f1, in the definition of “judge of High Court judge level”, in paragraph (e), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.

16Family Court (Composition and Distribution of Business) Rules 2014

In rule 2(1) of the Family Court (Composition and Distribution of Business) Rules 2014f1, in the definition of “judge of High Court judge level”, in paragraph (e), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.

17Public Service Pensions Act 2013 (Judicial Offices) Order 2015

(1)

The Public Service Pensions Act 2013 (Judicial Offices) Order 2015f1 is amended as follows.

(2)

In Schedule 1 (specified judicial offices)—

(a)

for “Deputy Master, Chancery Division” substitute “Deputy Master, Business and Property Division”;

(b)

for “Master, Chancery Division” substitute “Master, Business and Property Division”.

(3)

In Schedule 2—

(a)

for “Deputy Master, Chancery Division” substitute “Deputy Master, Business and Property Division”;

(b)

for “Master, Chancery Division” substitute “Master, Business and Property Division”.

18Insolvency (England and Wales) Rules 2016

In the following provisions of the Insolvency (England and Wales) Rules 2016f1, for “Chancery Division” substitute “Business and Property Division”—

(a)

rule 10.122 (claim by mortgagee of land), in paragraph (6);

(b)

rule 12.59 (appeals and reviews of court orders in corporate insolvency), in paragraph (4), in the definition of “Master”.

19Judicial Pensions (Fee-Paid Judges) Regulations 2017

In Schedule 1 to the Judicial Pensions (Fee-Paid Judges) Regulations 2017f1 (judicial offices), in table 3, for “Deputy Master of the Chancery Division” substitute “Deputy Master of the Business and Property Division”.

20Trade Secrets (Enforcement, etc.) Regulations 2018

In regulation 2 of the Trade Secrets (Enforcement, etc.) Regulations 2018f1 (interpretation), in the definition of “court”, for paragraph (a) substitute—

“(a)

in England and Wales, a County Court hearing centre specified in rule 63.13 of the Civil Procedure Rules 1998,”.

21Housing Administration (England and Wales) Rules 2018

In rule 4.41 of the Housing Administration (England and Wales) Rules 2018f1 (appeals and reviews of housing administrative orders), in paragraph (5), in the definition of “Master”, for “Chancery Division” substitute “Business and Property Division”.

22Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) Regulations 2022

In regulation 1 of the Prohibition of Cross-Examination in Person (fees of Court-Appointed Qualified Legal Representatives) Regulations 2022f1 (citation, commencement, interpretation and extent), in paragraph (3), in the definition of “judge of High Court judge level”, in sub-paragraph (f), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.

23Judicial Offices (Sitting in Retirement - Prescribed Offices and Descriptions) Regulations 2022

(1)

The Judicial Offices (Sitting in Retirement - Prescribed Offices and Descriptions) Regulations 2022f1 are amended as follows.

(2)

In Schedule 1 (persons eligible for appointment to a sitting in retirement office), in table 1—

(a)

in row 11—

(i)

in column 1 (sitting in retirement office), for “Chancery Division” substitute “Business and Property Division”;

(ii)

in column 2 (prescribed office(s)), after “Deputy Master, Chancery Division” insert “, Deputy Master, Business and Property Division”;

(b)

in rows 18 and 20, in column 2, for “Chancellor of the High Court” substitute “President of the Business and Property Division”;

(c)

in row 21—

(i)

in column 1, for “Chancery Division” substitute “Business and Property Division”;

(ii)

in column 2, after “Chief Chancery Master” insert “, Master, Business and Property Division, Chief Master of the Business and Property Division”.

Explanatory note

(This note is not part of the Order in Council)

This Order transfers the Admiralty Court and Commercial Court from the King’s Bench Division of the High Court, to the Chancery Division. This Order renames the “Chancery Division” as the “Business and Property Division” in consequence of this transfer. Article 2 of this Order amends the Senior Courts Act 1981 to effect this transfer and renaming. Article 2 also renames the title of the head of the Chancery Division, in consequence of the renaming of the Chancery Division.

Articles 3 and 4 give effect to the Schedules, which contain amendments to primary and secondary legislation in consequence of the transfer and renaming by article 2.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.