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[Senior Courts Act 1981]1

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[Senior Courts Act 1981]1 Senior Courts Act 1981 Page 1 [Senior Courts Act 1981] 1 1981 CHAPTER 54 Thomson Reuters (Legal) Limited. UK Statutes Crown Copyright. Reproduced by permission of the Controller of Her Majesty©s Stationery Of®ce. An Act to consolidate with amendments the Supreme Court of Judicature (Consolidation) Act 1925 and other enactments relating to the [ Senior Courts ] 2 in England and Wales and the administration of justice therein; to repeal certain obsolete or unnecessary enactments so relating; to amend Part VIII of the Mental Health Act 1959, the Courts-Martial (Appeals) Act 1968, the Arbitration Act 1979 and the law relating to county courts; and for connected purposes. [28th July 1981] Notes 1 Formerly known as the Supreme Court Act 1981, words substituted by Constitutional Reform Act 2005 c. 4 Sch.11(1) para.1(2) (October 1, 2009) 2 Words substituted by Constitutional Reform Act 2005 c. 4 Sch.11(4) para.26(2) (October 1, 2009) Extent Preamble: England, Wales PART I CONSTITUTION OF [ Senior Courts ] 1 Notes 1 Words substituted by Constitutional Reform Act 2005 c. 4 Sch.11(4) para.26(2) (October 1, 2009) The [ Senior Courts ] 1 Notes 1 Words substituted by Constitutional Reform Act 2005 c. 4 Sch.11(4) para.26(2) (October 1, 2009) Law In Force 1.Ð The [ Senior Courts ] 1 . (1) The Supreme Court of England and Wales shall consist of the Court of Appeal, the High Court of Justice and the Crown Court, each having such jurisdiction as is conferred on it by or under this or any other Act. Senior Courts Act 1981 Page 2 (2) [¼]2 Notes 1 Words substituted by Constitutional Reform Act 2005 c. 4 Sch.11(4) para.26(2) (October 1, 2009) 2 Repealed by Constitutional Reform Act 2005 c. 4 Sch.18(2) para.1 (April 3, 2006 as SI 2006/1014) Commencement Pt I s. 1: January 1, 1982 (1981 c. 54 Pt VI s. 153(2)) Extent Pt I s. 1(1)-(2): England, Wales The Court of Appeal Law In Force 2.Ð The Court of Appeal. (1) The Court of Appeal shall consist of ex-of®cio judges and [ not more than 38 ordinary judges. ] 1 (2) The following shall be ex-of®cio judges of the Court of AppealÐ (a) [¼]2 (b) any person who [ was Lord Chancellor before 12 June 2003 ] 3 ; (c) any [ judge of the Supreme Court ] 4 who at the date of his appointment was, or was quali®ed for appointment as, an ordinary judge of the Court of Appeal or held an of®ce within paragraphs (d) to (g); (d) the Lord Chief Justice; (e) the Master of the Rolls; [ (f) the President of the Queen©s Bench Division; (g) the President of the Family Division; (h) the Chancellor of the High Court; ] 5 but a person within paragraph (b) or (c) shall not be required to sit and act as a judge of the Court of Appeal unless at the [ request of the Lord Chief Justice ] 6 he consents to do so. [ (2A) The Lord Chief Justice may nominate a judicial of®ce holder (as de®ned in section 109(4) of the Constitutional Reform Act 2005) to exercise his function under subsection (2) of making requests to persons within paragraphs (b) and (c) of that subsection. ] 7 [ (3) An ordinary judge of the Court of Appeal (including the vice-president, if any, of either division) shall be styled ªLord Justice of Appealº or ªLady Justice of Appealº. ] 8 (4) Her Majesty may by Order in Council from time to time amend subsection (1) so as to increase or further increase the maximum number of ordinary judges of the Court of Appeal. [ (4A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4). ] 9 (5) No recommendation shall be made to Her Majesty in Council to make an Order under subsection (4) unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament. Senior Courts Act 1981 Page 3 (6) The Court of Appeal shall be taken to be duly constituted notwithstanding any vacancy in the of®ce of [¼]10 Lord Chief Justice, Master of the Rolls, [ President of the Queen©s Bench Division, President of the Family Division or Chancellor of the High Court ] 11 . Notes 1 Words substituted by Maximum Number of Judges Order 2008/1777 art.2 (July 10, 2008) 2 Repealed by Constitutional Reform Act 2005 c. 4 Sch.18(2) para.1 (April 3, 2006 as SI 2006/1014) 3 Words substituted by Constitutional Reform Act 2005 c. 4 Sch.4(1) para.115(2)(b) (April 3, 2006) 4 Words substituted by Constitutional Reform Act 2005 c. 4 Sch.17(2) para.22(2) (October 1, 2009) 5 S.2(2)(f)-(h) substituted for s.2(2)(f) and (g) by Constitutional Reform Act 2005 c. 4 Sch.4(1) para.115(2)(c) (October 1, 2005) 6 Words substituted by Constitutional Reform Act 2005 c. 4 Sch.4(1) para.115(2)(d) (April 3, 2006) 7 Added by Constitutional Reform Act 2005 c. 4 Sch.4(1) para.115(3) (April 3, 2006) 8 Substituted by Courts Act 2003 c. 39 Pt 6 s.63(1) (January 26, 2004) 9 Added by Constitutional Reform Act 2005 c. 4 Sch.4(1) para.115(4) (April 3, 2006) 10 Words repealed by Constitutional Reform Act 2005 c. 4 Sch.18(2) para.1 (April 3, 2006 as SI 2006/1014) 11 Words substituted by Constitutional Reform Act 2005 c. 4 Sch.4(1) para.115(5)(b) (October 1, 2005) Commencement Pt I s. 2: January 1, 1982 (1981 c. 54 Pt VI s. 153(2)) Extent Pt I s. 2(1)-(6): England, Wales Law In Force 3.Ð Divisions of Court of Appeal. (1) There shall be two divisions of the Court of Appeal, namely the criminal division and the civil division. (2) The Lord Chief Justice shall be president of the criminal division of the Court of Appeal, and the Master of the Rolls shall be president of the civil division of that court. (3) The [ Lord Chief Justice may, after consulting the Lord Chancellor ] 1 appoint one of the ordinary judges of the Court of Appeal as vice-president of both divisions of that court, or one of those judges as vice-president of the criminal division and another of them as vice-president of the civil division. (4) When sitting in a court of either division of the Court of Appeal in which no ex-of®cio judge of the Court of Appeal is sitting, the vice-president (if any) of that division shall preside. (5) Any number of courts of either division of the Court of Appeal may sit at the same time. [ (6) The Lord Chief Justice may nominate a judicial of®ce holder (as de®ned in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3). ] 2 Notes 1 Words substituted by Constitutional Reform Act 2005 c. 4 Sch.4(1) para.116(2) (April 3, 2006) 2 Added by Constitutional Reform Act 2005 c. 4 Sch.4(1) para.116(3) (April 3, 2006) Senior Courts Act 1981 Page 4 Commencement Pt I s. 3: January 1, 1982 (1981 c. 54 Pt VI s. 153(2)) Extent Pt I s. 3(1)-(6): England, Wales The High Court Law In Force 4.Ð The High Court. (1) The High Court shall consist ofÐ (a) [¼]1 (b) the Lord Chief Justice; [ (ba) the President of the Queen©s Bench Division; (c) the President of the Family Division; (d) the Chancellor of the High Court; ] 2 [ (dd) the Senior Presiding Judge; [¼]4 ] 3 [ (ddd) the vice-president of the Queen©s Bench Division; and ] 4 (e) not more than [ 108 ] 5 puisne judges of that court. (2) The puisne judges of the High Court shall be styled ªJustices of the High Courtº. (3) All the judges of the High Court shall, except where this Act expressly provides otherwise, have in all respects equal power, authority and jurisdiction. (4) Her Majesty may by Order in Council from time to time amend subsection (1) so as to increase or further increase the maximum number of puisne judges of the High Court. [ (4A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4). ] 6 (5) No recommendation shall be made to Her Majesty in Council to make an Order under subsection (4) unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament. (6) The High Court shall be taken to be duly constituted notwithstanding any vacancy in the of®ce of [¼]7 Lord Chief Justice, [ President of the Queen©s Bench Division, President of the Family Division, Chancellor of the High Court ] 8 [ or Senior Presiding Judge ] 9 [ and whether or not an appointment has been made to the of®ce of vice-president of the Queen©s Bench Division ] 10 . Notes 1 Repealed by Constitutional Reform Act 2005 c. 4 Sch.18(2) para.1 (April 3, 2006 as SI 2006/1014) 2 S.4(1)(ba)-(d) substituted for s.4(1)(c) and (d) by Constitutional Reform Act 2005 c. 4 Sch.4(1) para.117(2)(b) (October 1, 2005) 3 Words inserted by Courts and Legal Services Act 1990 (c.41), s.
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