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Administration of Justice Act 1973

Consolidated Text As Enacted Cited in Amendments 375 Related
Vincent
JurisdictionUK Non-devolved
Citation1973 c. 15
Year1973
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 1 of the so much of section 2 of the (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in subsection (1) , at the end, there shall be inserted the words “and, in such cases as may be prescribed by and subject to county court rules, the registrar may refer to a referee for inquiry and report any question arising in any proceedings.” ; andin subsection (2) , after the word “judge”, there shall be inserted the words “or, as the case may be, the registrar”.(1) Where by a mortgage of land which consists of or includes a dwelling-house, or by any agreement between the mortgagee under such a mortgage and the mortgagor, the mortgagor is entitled or is to be permitted to pay the principal sum secured by instalments or otherwise to defer payment of it in whole or in part, but provision is also made for earlier payment in the event of any default by the mortgagor or of a demand by the mortgagee or otherwise, then for purposes of section 36 of the (2) A court shall not exercise by virtue of subsection (1) above the powers conferred by section 36 of the section 36(2) (b) shall apply only in relation to any claim for possession; andsection 36(5) shall not apply.(4) For purposes of this section the expressions “dwelling-house”, “mortgage”, “mortgagee” and “mortgagor” shall be construed in the same way as for the purposes of Part IV of the Administration of Justice Act 1970.(5) (6) In the application of this section to Northern Ireland, subsection (3) shall be omitted.judges of the F15Court of Judicature in England and Wales other than the Lord Chancellor;judges of the Court of Session;judges of the F15Court of Judicature in Northern Ireland;District Judges (Magistrates’ Courts) ;(2) Until otherwise determined under this section, there shall be paid to the holders of judicial office mentioned in paragraphs (a) to (e) of subsection (1) above the same salaries as at the coming into force of this section.(3) Any salary payable under this section may be increased, but not reduced, by a

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