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Administration of Justice Act 1977

Consolidated Text As Enacted Cited authorities 152 Cited in Related
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Administration of Justice Act 1977

1977 CHAPTER 38

An Act to make further provision with respect to the administration of justice and matters connected therewith, to alter the method of protecting mortgages of registered land and to amend the law relating to oaths and affirmations and to the interest of a surviving spouse in an intestate's estate.

[29th July 1977]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I General

Part I

General

S-1 Legal aid, advice and assistance.

1 Legal aid, advice and assistance.

(1) The enactments relating to legal aid, advice and assistance in England and Wales shall be amended in accordance with Part I of Schedule 1 to this Act.

(2) The enactments relating to legal aid, advice and assistance in Scotland shall be amended in accordance with Part II of that Schedule.

S-2 Determination of expenses etc.

2 Determination of expenses etc.

(1) The amendments specified in Part I of Schedule 2 to this Act shall have effect for the purpose of enabling the rates of the sums whose payment is provided for by the enactments mentioned in that Part of that Schedule (which extend to England and Wales only) to be determined administratively.

(2) The amendments specified in Part II of that Schedule shall have effect for the purpose of enabling the rates of the sums whose payment is provided for by the enactments mentioned in that Part of that Schedule (which extend to Scotland only) to be determined administratively.

(3) The amendment specified in Part III of that Schedule shall have effect in the enactment mentioned in that Part of that Schedule (which extends to the whole of the United Kingdom) for the purpose of enabling the rates of the sums whose payment is provided for by it to be determined administratively.

S-3 Enforcement of maintenance orders.

3 Enforcement of maintenance orders.

3. Schedule 3 to this Act shall have effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part.

S-4 Obligations, awards and judgments expressed in foreign currency.

4 Obligations, awards and judgments expressed in foreign currency.

(1) The provisions specified in subsection (2) below shall cease to have effect.

(2) The provisions mentioned in subsection (1) above are—

(a ) in the Bills of Exchange Act 1882—

(i) section 57(2) (measure of damages for bills dishonoured abroad), and

(ii) section 72(4) (rate of exchange), and

(b ) the following provisions (which require the conversion to United Kingdom currency as at the date of registration of the judgments and awards to which they relate)—

(i)section 2(3) of the Foreign Judgments (Reciprocal Enforcement) Act 1933;
(ii)section 1(3) of the Arbitration (International Investment Disputes) Act 1966, and
(iii)Article 3(2) of the European Communities (Enforcement of Community Judgments) Order 1972.

(3) The provisions specified in subsection (2)(a ) above shall continue to have effect in relation to bills drawn before the coming into force of this section.

(4) The provisions specified in subsection (2)(b ) above shall continue to have effect in relation to judgments and awards registered before the coming into force of this section.

S-5 Appeals etc. from courts-martial.

5 Appeals etc. from courts-martial.

(1) The following section shall be inserted after section 33 of the Courts-Martial (Appeals) Act 1968—

S-33A

33A ‘Appellant's expenses.

33A. Without prejudice to section 31 above, where an appellant who is not in custody appears before the Appeal Court either on the hearing of his appeal or in any preliminary or incidental proceedings, the Appeal Court may direct the Secretary of State to pay him the expenses of his appearance.’.

(2) In section 34(2) of that Act (reference of cases by Service authorities), for the words ‘other than those of sections 31 and 32’ there shall be substituted the words ‘other than that of section 32’.

(3) Section 35 of that Act (order for costs of defence on reference) (which is superseded by this section) shall cease to have effect.

(4) In section 47(3) of that Act (costs on appeals to the House of Lords), for the words from the beginning to ‘accused’, in the first place where it occurs, there shall be substituted the words ‘On determining an appeal from the Appeal Court,’.

S-6 Temporary additional judges for Employment AppealTribunal.

6 Temporary additional judges for Employment AppealTribunal.

(1) The following paragraph shall be inserted after paragraph 7 of Schedule 6 to the Employment Protection Act 1975 (Employment Appeal Tribunal):—

S-7A

7A

(1) At any time when it appears to the Lord Chancellor that it is expedient to do so in order to facilitate in England and Wales the disposal of business in the Appeal Tribunal, he may appoint a qualified person to be a temporary additional judge of the Tribunal during such period or on such occasions as the Lord Chancellor thinks fit.

(2) In this paragraph ‘qualified person’ means a person qualified for appointment as a puisne judge of the High Court under section 9 of the Supreme Court of Judicature (Consolidation) Act 1925 or any person who has held office as a judge of the Court of Appeal or of the High Court.’.

(2) The following paragraph shall be inserted after paragraph 8 of that Schedule:—

S-8A

8A

‘8A. A person appointed to be a temporary additional judge of the Appeal Tribunal shall have all the functions of a judge nominated under section 87(2)(a ) above.’.

(3) The following paragraph shall be inserted after paragraph 23 of that Schedule:—

S-23A

23A

‘23A. A person appointed to be a temporary additional judge of the Appeal Tribunal shall be paid such remuneration and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.’.

S-7 Extent of powers of receives and managers in respect of companies.

7 Extent of powers of receives and managers in respect of companies.

(1) A receiver appointed under the law of any part of the United Kingdom in respect of the whole or part of any property or undertaking of a company and in consequence of the company having created a charge which, as created, was a floating charge may exercise his powers in any other part of the United Kingdom so far as their exercise is not inconsistent with the law applicable there.

(2) In subsection (1) above ‘receiver’ includes a manager and a person who is appointed both receiver and manager.

S-8 Oaths and affirmations.

8 Oaths and affirmations.

(1) The following section shall be substituted for section 1 of the Oaths Act 1888 :—

S-1 ‘When affirmation may be made instead of oath.

1 ‘When affirmation may be made instead of oath.

1. Any person who objects to being sworn shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purposes where an oath is or shall be required by law, which affirmation shall be of the same force and effect as if he had taken the oath.’.

(2) The Oaths Act 1961 shall extend to Northern Ireland.

(3) The provisions specified in Part III of Schedule 5 below shall cease to have effect.

II England and Wales

Part II

England and Wales

Supreme Court

Supreme Court

S-9 Appeals.

9 Appeals.

9. In the Supreme Court of Judicature (Consolidation) Act 1925—

a ) section 27(2) (decision of Court of Appeal in certain matrimonial and related proceedings to be final except in certain circumstances), and
b ) in section 63(1), the words ‘and in all cases where there is a right of appeal to the High Court from any court or person the appeal shall be heard and determined by a divisional court’

shall cease to have effect.

S-10 Appointment to office.

10 Appointment to office.

(1) The following section shall be substituted for section 116 of the Supreme Court of Judicature (Consolidation) Act 1925:—

S-116 ‘Appointment of deputies and temporaryappointments.

116 ‘Appointment of deputies and temporaryappointments.

(1) If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the Supreme Court, he may appoint a person—

(a ) to act as a deputy for any officer of the Supreme Court, or

(b ) to act as a temporary additional officer in any office in the Supreme Court,

during such period or on such occasions as the Lord Chancellor thinks fit.

(2) Subject to subsection (3) below, a person shall not be qualified for appointment under this section if the office in which he would act by virtue of the appointment is one to which he would not be qualified for permanent appointment.

(3) A master of the Supreme Court shall be qualified to be appointed to act as a deputy for a registrar in bankruptcy of the High Court.

(4) A person acting in an office by virtue of an appointment under this section shall have all the powers of a person permanently appointed to that office.

(5) The Lord Chancellor may pay to any person appointed under this section such remuneration and allowances as he may, with the consent of the Minister for the Civil Service, determine.’.

(2) The qualifications for appointment to offices in the Supreme Court shall be...

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