Constitution of the United Kingdom
MAGNA CARTA 1297
PREAMBLE
THE GREAT CHARTER OF THE LIBERTIES OF ENGLAND, AND OF THE LIBERTIES OF THE FOREST; CONFIRMED BY KING EDWARD, IN THE TWENTY-FIFTH YEAR OF HIS REIGN.
EDWARD by the Grace of God King of England, Lord of Ireland, and Duke of Guyan, to all Archbishops, Bishops, &c. We have seen the Great Charter of the Lord Henry sometimes King of England, our Father, of the Liberties of England in these words:
HENRY by the Grace of God King of England, Lord of Ireland, Duke of Normandy and Guyan, and Earl of Anjou, to all Archbishops, Bishops, Abbots, Priors, Earls, Barons, Sheriffs, Provosts, Officers, and to all Bailiffs, and other our faithful Subjects, which shall see this present Charter, Greeting: Know Ye, that We, unto the honour of Almighty God, and for the salvation of the souls of our Progenitors and Successors [Kings of England,] to the advancement of Holy Church and amendment of our Realm, of our meer and free will, have given and granted to all Archbishops, Bishops, Abbots, Priors, Earls, Barons, and to all [Freemen] of this our Realm, these Liberties following, to be kept in our Kingdom of England for ever.
I. CONFIRMATION OF LIBERTIESFIRST, We have granted to God, and by this our present Charter have confirmed, for Us and our Heirs for ever, that the Church of England shall be free, and shall have all her whole Rights and Liberties inviolable. We have granted also, and given to all the Freemen of our Realm, for Us and our Heirs for ever, these Liberties under-written, to have and to hold to them and their Heirs, of Us and our Heirs for ever.
II-VIII
[Repealed]IX. LIBERTIES OF LONDON, &C
THE City of London shall have all the old Liberties and Customs [which it hath been used to have]. Moreover We will and grant, that all other Cities, Boroughs, Towns, and the Barons of the Five Ports, and all other Ports, shall have all their Liberties and free Customs.
X-XXVIII
[Repealed]XXIX. IMPRISONMENT, &C. CONTRARY TO LAW. ADMINISTRATION OF JUSTICE
NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.
XXX-XXXVII
[Repealed]CLOSING TEXT. GENERAL SAVING. OBSERVANCE OF THESE LIBERTIES. SUBSIDY, IN RESPECT OF THIS CHARTER AND CHARTER OF THE FOREST
Reserving to all Archbishops, Bishops, Abbots, Priors, Templars, Hospitallers, Earls, Barons, and all Persons, as well Spiritual as Temporal, all their free Liberties and free Customs, which they have had in time passed. And all these Customs and Liberties aforesaid, which We have granted to be holden within this our Realm, as much as appertaineth to Us and our Heirs, we shall observe; and all Men of this our Realm, as well Spiritual as Temporal, as much as in them is, shall observe the same against all Persons, in like wise. And for this our Gift and Grant of these Liberties, and of other contained in our Charter of Liberties of our Forest, the Archbishops, Bishops, Abbots, Priors, Earls, Barons, Knights, Freeholders, and other our Subjects, have given unto Us the Fifteenth Part of all their Moveables. And We have granted unto them on the other part, that neither We nor our Heirs shall procure or do any thing whereby the Liberties in this Charter contained shall be infringed or broken. And if any thing be procured by any person contrary to the premises, it shall be had of no force nor effect. These being Witnesses; Lord B. Archbishop of Canterbury, E. Bishop of London, J. Bishop of Bathe, P. of Winchester, H. of Lincoln, R. of Salisbury, W. of Rochester, W. of Worcester, J. of Ely, H. of Hereford, R. of Chichester, W. of Exeter, Bishops; the Abbot of St. Edmonds, the Abbot of St. Albans, the Abbot of Bello, the Abbot of St. Augustine’s in Canterbury, the Abbot of Evesham, the Abbot of Westminster, the Abbot of Bourgh St. Peter, the Abbot of Reding, the Abbot of Abindon, the Abbot of Malmsbury, the Abbot of Winchcomb, the Abbot of Hyde, the Abbot of Certesey, the Abbot of Sherburn, the Abbot of Cerne, the Abbot of Abbotebir, the Abbot of Middleton, the Abbot of Seleby, the Abbot of Cirencester; H. de Burgh Justice, H. Earl of Chester and Lincoln, W. Earl of Salisbury, W. Earl of Warren, G. de Clare Earl of Gloucester and Hereford, W. de Ferrars Earl of Derby, W. de Mandeville Earl of Essex, H. de Bygod Earl of Norfolk, W. Earl of Albemarle, H. Earl of Hereford, J. Constable of Chester, R. de Ros, R. Fitzwalter, R. de Vyponte, W. de Bruer, R. de Muntefichet, P. Fitzherbert, W. de Aubenie, F. Gresly, F. de Breus, J. de Monemue, J. Fitzallen, H. de Mortimer, W. de Beauchamp, W. de St. John, P. de Mauly, Brian de Lisle, Thomas de Multon, R. de Argenteyn, G. de Nevil, W. de Mauduit, J. de Balun, and others. We, Ratifying and approving these Gifts and Grants aforesaid, confirm and make strong all the same for Us and our Heirs perpetually, and by the Tenor of these Presents do renew the same: Willing and granting for Us and our Heirs, that this Charter and all and singular his Articles for ever shall be stedfastly, firmly, and inviolably observed; and if any Article in the same Charter contained yet hitherto peradventure hath not been kept We will and by authority royal command from henceforth firmly they be observed. In Witness whereof We have caused these our Letters Patents to be made. T. Edward our son at Westminster, the twenty-eighth day of March in the twenty-eighth year of our Reign.THE PETITION OF RIGHT 1628
PREAMBLE
The Peticion Exhibited to His Majestie by the Lords Spirituall and Temporall and Comons in this present Parliament assembled concerning divers Rights and Liberties of the Subjects: with the Kings Majesties Royall Aunswere thereunto in full Parliament. To the Kings most Excellent Majestie. I. RECITING THAT BY (25) 34 ED. I. ST. 4. C. 1, BY AUTHORITY OF PARLIAMENT HOLDEN 25 ED. III. AND BY OTHER LAWS OF THIS REALM, THE KINGS SUBJECTS SHOULD NOT BE TAXED BUT BY CONSENT IN PARLIAMENTHUMBLY shew unto our Soveraigne Lord the King the Lords Spirituall and Temporall and Comons in Parliament assembled, That whereas it is declared and enacted by a Statute made in the tyme of the Raigne of King Edward the first comonly called Statutum de Tallagio non concedendo, That no Tallage or Ayde should be layd or levyed by the King or his Heires in this Realme without the good will and assent of the Archbishopps Bishopps Earles Barons Knights Burgesses and other the Freemen of the Comonaltie of this Realme, And by Authoritie of Parliament holden in the five and twentith yeare of the raigne of King Edward the third, it is declared and enacted, That from thenceforth no person should be compelled to make any Loanes to the King against his will because such Loanes were against reason and the franchise of the Land, And by other Lawes of this Realme it is provided, that none should be charged by any charge or Imposicion called a Benevolence nor by such like Charge by which the Statutes before mencioned and other the good Lawes and Statutes of this Realme your Subjects have inherited this Freedome That they should not be compelled to contribute to any Taxe Tallage Ayde or other like Charge not sett by comon consent in Parliament.
II. AND THAT COMMISSIONS HAVE OF LATE ISSUED ON WHICH PROCEEDINGS HAVE BEEN HAD CONTRARY TO LAW
Yet neverthelesse of late divers Comissions directed to sundry Comissioners in severall Counties with Instruccions have issued, by meanes whereof your people have been in divers places assembled and required to lend certaine somes of mony unto your Majestie, and many of them uppon their refusall soe to doe have had an Oath administred unto them not warrantable by the Lawes or Statutes of this Realme and have been constrayned to become bound to make apparance and give attendance before your Privie Councell and in other places; and others of them have been therefore imprisoned confined and sondry other waies molested and disquieted And divers other charges have been laid and levied upon your people in severall Counties by Lord Lieutenants Deputie Lieutenants Comissioners for Musters Justices of Peace and others by Comaund or Direccion from your Majestie or your Privie Councell against the Lawes and free Customes of the Realme.III. [REPEALED]
IV. [REPEALED]
V. [REPEALED]
VI. AND THAT SOLDIERS HAVE BEEN DISPERSED IN DIVERS COUNTIES, AND INHABITANTS COMPELLED TO RECEIVE THEM
And whereas of late great Companies of Souldiers and Marriners have been dispersed into divers Counties of the Realme, and the inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojourne against the Lawes and Customes of this Realme and to the great grievance and vexacion of the people.VII. 25 E. III. AND THAT COMMISSIONS HAVE ISSUED UNDER THE GREAT SEAL FOR PROCEEDINGS ACCORDING TO MARTIAL LAW
And whereas alsoe by authoritie of Parliament in the five and twentith yeare of the Raigne of King Edward the third it is declared and enacted that no man should be forejudged of life or limbe against the forme of the Great Charter and the Lawe of the Land, And by the said Great Charter, and other the Lawes and Statutes of this your Realme no man ought to be adjudged to death but by the Lawes established in this your Realme, either by the customes of the same Realme or by Acts of Parliament. And whereas no offendor of what kinde soever is exempted from the pceedings to be used and punishments to be inflicted by the Lawes and Statutes of this your Realme, Neverthelesse of late tyme divers Comissions under your Majesties great Seale have issued forth, by which certaine persons have been assigned and appointed Comissioners with power and authoritie to proceed within the land according to the Justice of Martiall Lawe against such Souldiers or Marriners or other dissolute persons joyning with them as should comitt any murther robbery felony mutiny or other outrage or misdemeanor whatsoever, and by such sumary course and order as is agreeable to Martiall Lawe and as is used in Armies in tyme of warr to proceed to the tryall and condemnacion of such offenders, and them to cause to be executed and putt to death according to the Lawe Martiall. By pretext whereof some of your Majesties Subjects have been by some of the said Comissioners put to death, when and where, if by the Lawes and Statuts of the land they had deserved death, by the same Lawes and Statuts alsoe they might and by no other ought to have byn judged and executed. And alsoe sundrie greivous offendors by colour thereof clayming an exempcion have escaped the punishments due to them by the Lawes and Statutes of this your Realme, by reason that divers of your Officers and ministers of Justic have unjustlie refused or forborne to proceed against such Offendors according to the same Lawes and Statutes uppon pretence that the said offendors were punishable onelie by Martiall law and by authoritie of such Comissions as aforesaid. Which Comissions and all other of like nature are wholly and directlie contrary to the said Lawes and Statutes of this your Realme.VIII. THE PETITION
They doe therefore humblie pray your most Excellent Majestie, that no man hereafter be compelled to make or yeild any Guift Loane Benevolence Taxe or such like Charge without comon consent by Acte of Parliament, And that none be called to make aunswere or take such Oath or to give attendance or be confined or otherwise molested or disquieted concerning the same or for refusall thereof And that your Majestie would be pleased to remove the said Souldiers and Mariners and that your people may not be soe burthened in tyme to come. And that the aforesaid Comissions for proceeding by Martiall Lawe may be revoked and annulled. And that hereafter no Comissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Lawes and Franchise of the Land. All which they most humblie pray of your most Excellent Majestie as their Rightes and Liberties according to the Lawes and Statutes of this Realme, And that your Majestie would alsoe vouchsafe to declare that the Awards doings and proceedings to the prejudice of your people in any of the premisses shall not be drawen hereafter into consequence or example. And that your Majestie would be alsoe graciouslie pleased for the further comfort and safetie of your people to declare your Royall will and pleasure, That in the things aforesaid all your Officers and Ministers shall serve you according to the Lawes and Statutes of this Realme as they tender the Honor of your Majestie and the prosperitie of this Kingdome. Quaquidem Petitione lecta & plenius intellecta per dictum Dominum Regem taliter est responsum in pleno Parliamento videlicet. R. Soit droit fait come est desire.HABEAS CORPUS ACT 1679
An Act for the better secureing the Liberty of the Subject and for Prevention of Imprisonments beyond the Seas.PREAMBLE
Recital that Delays had been used by Sheriffs in making Returns of Writs of Habeas Corpus, &c.WHEREAS great Delayes have beene used by Sheriffes Goalers and other Officers to whose Custody any of the Kings Subjects have beene committed for criminall or supposed criminall Matters in makeing Returnes of Writts of Habeas Corpus to them directed by standing out an Alias and Pluries Habeas Corpus and sometimes more and by other shifts to avoid their yeilding Obedience to such Writts contrary to their Duty and the knowne Lawes of the Land whereby many of the Kings Subjects have beene and hereafter may be long detained in Prison in such Cases where by Law they are baylable to their great charge and vexation.
I. SHERIFF, &C. WITHIN THREE DAYS AFTER SERVICE OF HABEAS CORPUS, WITH THE EXCEPTION OF TREASON AND FELONY, AS AND UNDER THE REGULATIONS HEREIN MENTIONED, TO BRING UP THE BODY BEFORE THE COURT TO WHICH THE WRIT IS RETURNABLE; AND CERTIFY THE TRUE CAUSES OF IMPRISONMENT. EXCEPTIONS IN RESPECT OF DISTANCE
For the prevention whereof and the more speedy Releife of all persons imprisoned for any such criminall or supposed criminall Matters whensoever any person or persons shall bring any Habeas Corpus directed unto any Sheriffe or Sheriffes Goaler Minister or other Person whatsoever for any person in his or their Custody and the said Writt shall be served upon the said Officer or left at the Goale or Prison with any of the Under Officers Underkeepers or Deputy of the said Officers or Keepers that the said Officer or Officers his or their Under Officers Under-Keepers or Deputyes shall within Three dayes after the Service thereof as aforesaid (unlesse the Committment aforesaid were for Treason plainely and specially expressed in the Warrant of Committment) upon Payment or Tender of the Charges of bringing the said Prissoner to be ascertained by the Judge or Court that awarded the same and endorsed upon the said Writt not exceeding Twelve penceper Mile and upon Security given by his owne Bond to pay the Charges of carrying backe the Prisoner if he shall bee remanded by the Court or Judge to which he shall be brought according to the true intent of this present Act and that he will not make any escape by the way make Returne of such Writt or bring or cause to be brought the Body of the Partie soe committed or restrained unto or before the Judges or Barons of the said Court from whence the said Writt shall issue or unto and before such other person and persons before whome the said Writt is made returnable according to the Command thereof, and shall likewise then certifie the true causes of his Detainer or Imprisonment unlesse the Committment of the said Partie be in any place beyond the distance of Twenty miles from the place or places where such Court or Person is or shall be resideing and if beyond the distance of Twenty miles and not above One hundred miles then within the space of Ten dayes and if beyond the distance of One hundred miles then within the space of Twenty dayes after such delivery aforesaid and not longer.II. HOW WRITS TO BE MARKED. PERSONS COMMITTED, EXCEPT FOR TREASON AND FELONY, &C. MAY APPEAL TO THE LORD CHANCELLOR, &C. PROCEEDINGS THEREON. HABEAS CORPUS MAY BE AWARDED; AND UPON SERVICE THEREOF THE OFFICER TO BRING UP THE PRISONERS AS BEFORE MENTIONED; AND THEREUPON WITHIN TWO DAYS LORD CHANCELLOR, &C. MAY DISCHARGE UPON RECOGNIZANCE; AND CERTIFY THE WRIT WITH THE RETURN AND RECOGNIZANCE. PROVISO FOR PROCESS NOT BAILABLE
And to the intent that noe Sheriffe Goaler or other Officer may pretend ignorance of the import of any such Writt all such Writts shall be marked in this manner Per Statutum Tricesimo primo Caroli Secundi Regis and shall be signed by the person that awards the same And if any person or persons shall be or stand committed or detained as aforesaid for any Crime unlesse for Treason plainely expressed in the Warrant of Committment in the Vacation time and out of Terme it shall and may be lawfull to and for the person or persons soe committed or detained (other then persons Convict or in Execution) by legall Processe or any one in his or their behalfe to appeale or complaine to any one of His Majestyes Justices either of the one Bench or of the other or the Barons of the Exchequer of the Degree of the Coife and the said Justices or Barons or any of them upon view of the Copy or Copies of the Warrant or Warrants of Committment and Detainer or otherwise upon Oath made that such Copy or Copyes were denyed to be given by such person or persons in whose Custody the Prisoner or Prisoners is or are detained are hereby authorized and required upon Request made in Writeing by such person or persons or any on his her or their behalfe attested and subscribed by two Witnesses that were present at the delivery of the same to award and grant an Habeas Corpus under the Seale of such Court whereof he shall then be one of the Judges to be directed to the Officer or Officers in whose Custodie the Party soe committed or detained shall be returnable immediate before such Justice Baron or any other Justice or Baron of the Degree of the Coife of any of the said Courts and upon Service thereof as aforesaid the Officer or Officers his or their Under-Officer or Under Officers Under Keeper or Under Keepers or their Deputy in whose custodie the Partie is soe committed or detained shall within the times respectively before limitted bring such Prisoner or Prisoners before such Justices Barons or one of them before whome the said Writt is made returnable and in case of his absence before any other of them with the Returne of such Writt and the true Causes of the Committment and Detainer and thereupon within two dayes after the Partie shall be brought before them the said Lord Chauncellor or Lord Keeper or such Justice or Baron before whome the Prisoner shall be brought as aforesaid shall, subject to section 25 of the Criminal Justice and Public Order Act 1994, grant bail in accordance with the Bail Act 1976 to the said prisoner subject to a duty to appear before the Crown Court and then shall certifie the said Writt with the Returne thereof together with the recognizance of any surety for him into the said Court where such Appearance is to be made unlesse it shall appeare unto the said Justice or Justices or Baron or Barons that the Party soe committed is detained upon a legall Processe Order or Warrant out of some Court that hath Jurisdiction of Criminall Matters or by some Warrant signed and sealed with the Hand and Seale of any of the said Justices or Barons or some Justice or Justices of the Peace for such Matters or Offences for the which by the Law the Prisoner is not Baileable.III. HABEAS CORPUS NOT GRANTED IN VACATION TO PRISONERS WHO HAVE NEGLECTED TO PRAY THE SAME
Provided alwayes if any person shall have wilfully neglected by the space of two whole Termes after his Imprisonment to pray a Habeas Corpus for his Enlargement such person soe wilfully neglecting shall not have any Habeas Corpus to be granted in Vacation time in pursuance of this Act.IV. OFFICER NEGLECTING, &C. TO MAKE THE SAID RETURNES, &C. OR UPON DEMAND TO DELIVER A COPY OF WARRANT OF COMMITMENT; FIRST OFFENCE, PENALTY £100. SECOND OFFENCE, £200 AND INCAPACITY. JUDGMENT AT SUIT OF PARTY SUFFICIENT CONVICTION
And if any Officer or Officers his or their Under-Officer or Under-Officers Under-Keeper or Under-Keepers or Deputy shall neglect or refuse to make the Returnes aforesaid or to bring the Body or Bodies of the Prisoner or Prisoners according to the Command of the said Writt within the respective times aforesaid or upon Demand made by the Prisoner or Person in his behalfe shall refuse to deliver or within the space of Six houres after demand shall not deliver to the person soe demanding a true Copy of the Warrant or Warrants of Committment and Detayner of such Prisoner, which he and they are hereby required to deliver accordingly all and every the Head Goalers and Keepers of such Prisons and such other person in whose Custodie the Prisoner shall be detained shall for the first Offence forfeite to the Prisoner or Partie grieved the summe of One hundred pounds and for the second Offence the summe of Two hundred pounds and shall and is hereby made incapeable to hold or execute his said Office, the said Penalties to be recovered by the Prisoner or Partie grieved his Executors or Administrators against such Offender his Executors or Administrators by any Action or Information in any of the Kings Courts at Westminster wherein noe Injunction or stay of Prosecution by Non vult ulterius prosequi or otherwise shall bee admitted or allowed, and any Recovery or Judgement at the Suite of any Partie grieved shall be a sufficient Conviction for the first Offence and any after Recovery or Judgement at the Suite of a Partie grieved for any Offence after the first Judgement shall bee a sufficient Conviction to bring the Officers or Person within the said Penaltie for the second Offence.V. PROVISO AS TO IMPRISONMENT OF PARTY AFTER HAVING BEEN SET AT LARGE UPON HABEAS CORPUS. UNDULY RECOMMITTING SUCH DISCHARGED PERSONS OR ASSISTING THEREIN; PENALTY TO THE PARTY £500
And for the prevention of unjust vexation by reiterated Committments for the same Offence noe person or persons which shall be delivered or sett at large upon any Habeas Corpus shall at any time hereafter bee againe imprisoned or committed for the same Offence by any person or persons whatsoever other then by the legall Order and Processe of such Court wherein he or they shall be bound to appeare or other Court haveing Jurisdiction of the Cause and if any other person or persons shall knowingly contrary to this Act recommitt or imprison or knowingly procure or cause to be recommitted or imprisoned for the same Offence or pretended Offence any person or persons delivered or sett at large as aforesaid or be knowingly aiding or assisting therein then he or they shall forfeite to the Prisoner or Party grieved the summe of Five hundred pounds Any colourable pretence or variation in the Warrant or Warrants of Committment notwithstanding to be recovered as aforesaid.VI. [REPEALED]
VII. PROVISO RESPECTING PERSONS CHARGED IN DEBT, &C
Provided alwayes That nothing in this Act shall extend to discharge out of Prison any person charged in Debt or other Action or with Processe in any Civill Cause but that after he shall be discharged of his Imprisonment for such his Criminall Offence he shall be kept in Custodie according to Law for such other Suite.VIII. PERSONS COMMITTED FOR CRIMINAL MATTER NOT TO BE REMOVED BUT BY HABEAS CORPUS OR OTHER LEGAL WRIT. UNDULY MAKING OUT, &C. WARRANT FOR REMOVAL; PENALTY
Provided alwaies That if any person or persons Subject of this Realme shall be committed to any Prison or in Custodie of any Officer or Officers whatsoever for any Criminall or supposed Criminall matter That the said person shall not be removed from the said Prison and Custody into the Custody of any other Officer or Officers unlesse it be by Habeas Corpus or some other Legall Writt or where the Prisoner is delivered to the Constable or other inferiour Officer to carry such Prisoner to some Common Goale or where any person is sent by Order of any judge of the Crown Court or Justice of the Peace to any common Worke-house or House of Correction or where the Prisoner is removed from one Prison or place to another within the same County in order to his or her Tryall or Discharge in due course of Law or in case of suddaine Fire or Infection or other necessity and if any person or persons shall after such Committment aforesaid make out and signe or countersigne any Warrant or Warrants for such removeall aforesaid contrary to this Act as well he that makes or signes or countersignes such Warrant or Warrants as the Officer or Officers that obey or execute the same shall suffer and incurr the Paines and Forfeitures in this Actbefore-mentioned both for the first and second Offence respectively to be recovered in manner aforesaid by the Partie grieved.IX. PROVISO FOR APPLICATION FOR AND GRANTING HABEAS CORPUS IN VACATION-TIME. LORD CHANCELLOR, &C. UNDULY DENYING WRIT; PENALTY TO PARTY £500
Provided alsoe That it shall and may be lawfull to and for any Prisoner and Prisoners as aforesaid to move and obtaine his or their Habeas Corpus as well out of the High Court of Chauncery or Court of Exchequer as out of the Courts of Kings Bench or Common Pleas of either of them And if any Judge or Judges Baron or Barons for the time being of the Degree or the Coife of any of the Courts aforesaid in the Vacation time upon view of the Copy or Copies of the Warrant or Warrants of Committment or Detainer or upon Oath made that such Copy or Copyes were denyed as aforesaid shall deny any Writt of Habeas Corpus by this Act required to be granted being moved for as aforesaid they shall severally forfeite to the Prisoner or Partie grieved the summe of Five hundred pounds to be recovered in manner aforesaid. X. HABEAS CORPUS MAY BE DIRECTED INTO COUNTIES PALATINE, &CAnd an Habeas Corpus according to the true intent and meaning of this Act may be directed and runn into any County Palatine The Cinque Ports or other priviledged Places within the Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede and the Islands of Jersey or Guernsey Any Law or Usage to the contrary notwithstanding.
XI. NO SUBJECT TO BE SENT PRISONER INTO SCOTLAND, &C. OR ANY PARTS BEYOND THE SEAS. PERSONS SO IMPRISONED MAY MAINTAIN ACTION AGAINST THE PERSON COMMITTING OR OTHERWISE ACTING IN RESPECT THEREOF, AS HEREIN MENTIONED; TREBLE COSTS AND DAMAGES; AND THE PERSON SO COMMITTING OR ACTING DISABLED FROM OFFICE, AND INCUR PREMUNIRE 16 R. 11. C. 5. AND BE INCAPABLE OF PARDON
And for preventing illegall Imprisonments in Prisons beyond the Seas noe Subject of this Realme that now is or hereafter shall be an Inhabitant of Resiant of this Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede shall or may be sent Prisoner into Scotland Ireland Jersey Gaurnsey Tangeir or into any Parts Garrisons Islands or Places beyond the Seas which are or at any time hereafter shall be within or without the Dominions of His Majestie His Heires or Successors and that every such Imprisonment is hereby enacted and adjudged to be illegall and that if any of the said Subjects now is or hereafter shall bee soe imprisoned every such person and persons soe imprisoned shall and may for every such Imprisonment maintaine by vertue of this Act an Action or Actions of false Imprisonment in any of His Majestyes Courts of Record against the person or persons by whome he or she shall be soe committed detained imprisoned sent Prisoner or transported contrary to the true meaning of this Act and against all or any person or persons that shall frame contrive write seale or countersigne any Warrant or Writeing for such Committment Detainer Imprisonment or Transportation or shall be adviseing aiding or assisting in the same or any of them and the Plaintiffe in every such Action shall have Judgement to recover his Costs besides Damages which Damages soe to be given shall not be lesse then Five hundred pounds In which Action noe delay stay or stopp of Proceeding by Rule Order or Command nor noe Injunction whatsoever shall be allowed excepting such Rule of the Court wherein the Action shall depend made in open Court as shall bee thought in Justice necessary for speciall cause to be expressed in the said Rule and the person or persons who shall knowingly frame contrive write seale or countersigne any Warrant for such Committment Detainer or Transportation or shall soe committ detaine imprison or transport any person or persons contrary to this Act or be any wayes adviseing aiding or assisting therein being lawfully convicted thereof shall be disabled from thenceforth to beare any Office of Trust or Proffitt within the said Realme of England Dominion of Wales or Towne of Berwicke upon Tweede or any of the Islands Territories or Dominions thereunto belonging and be liable to imprisonment for life and be incapeable of any Pardon from the King His Heires or Successors of the said Disabilities or any of them.XII. [REPEALED]
XIII. [REPEALED]
XIV. [REPEALED]
XV. PROVISO FOR SENDING PERSONS TO BE TRIED IN PLACES WHERE ANY CAPITAL OFFENCE COMMITTED
Provided alsoe That if any person or persons at any time resiant in this Realme shall have committed any Capitall Offence in Scotland or Ireland or any of the Islands or Forreigne Plantations of the King His Heires or Successors where he or she ought to be tryed for such Offence such person or persons may be sent to such place there to receive such Tryall in such manner as the same might have beene used before the makeing of this Act Any thing herein contained to the contrary notwithstanding.XVI. LIMITATION OF PROSECUTION FOR OFFENCES AGAINST THIS ACT
Provided alsoe That noe person or persons shall be sued impleaded molested or troubled for any Offence against this Act unless the Partie offending be sued or impleaded for the same within Two yeares at the most after such time wherein the Offence shall be committed in case the partie grieved shall not be then in Prison and if he shall be in Prison then within the space of Two yeares after the decease of the Person imprisoned or his or her delivery out of Prison which shall first happen.XVII. [REPEALED]
XVIII. [REPEALED]
XIX. [REPEALED]
XX. [REPEALED]
[N.B. A variant reading of some parts of the text in this statute was noted in The Statutes of the Realm. See http://www.legislation.gov.uk/aep/Cha2/31/2 for full details.]BILL OF RIGHTS 1689
PREAMBLE
An Act declareing the Rights and Liberties of the Subject and Setleing the Succession of the Crowne. Whereas the Lords Spirituall and Temporall and Comons assembled at Westminster lawfully fully and freely representing all the Estates of the People of this Realme did upon the thirteenth day of February in the yeare of our Lord one thousand six hundred eighty eight present unto their Majesties then called and known by the Names and Stile of William and Mary Prince and Princesse of Orange being present in their proper Persons a certaine Declaration in Writeing made by the said Lords and Comons in the Words following viz I.HEADING 1. THE HEADS OF DECLARATION OF LORDS AND COMMONS, RECITED
Whereas the late King James the Second by the Assistance of diverse evill Councellors Judges and Ministers imployed by him did endeavour to subvert and extirpate the Protestant Religion and the Lawes and Liberties of this Kingdome.HEADING 2. DISPENSING AND SUSPENDING POWER
By Assumeing and Exerciseing a Power of Dispensing with and Suspending of Lawes and the Execution of Lawes without Consent of Parlyament.HEADING 3. COMMITTING PRELATES
By Committing and Prosecuting diverse Worthy Prelates for humbly Petitioning to be excused from Concurring to the said Assumed Power.HEADING 4. ECCLESIASTICAL COMMISSION
By issueing and causeing to be executed a Commission under the Great Seale for Erecting a Court called The Court of Commissioners for Ecclesiasticall Causes.HEADING 5. LEVYING MONEY
By Levying Money for and to the Use of the Crowne by pretence of Prerogative for other time and in other manner then the same was granted by Parlyament.HEADING 6. STANDING ARMY
By raising and keeping a Standing Army within this Kingdome in time of Peace without Consent of Parlyament and Quartering Soldiers contrary to Law.HEADING 7. DISARMING PROTESTANTS, &C
By causing severall good Subjects being Protestants to be disarmed at the same time when Papists were both Armed and Imployed contrary to Law.HEADING 8. VIOLATING ELECTIONS
By Violating the Freedome of Election of Members to serve in Parlyament.HEADING 9. ILLEGAL PROSECUTIONS
By Prosecutions in the Court of Kings Bench for Matters and Causes cognizable onely in Parlyament and by diverse other Arbitrary and Illegall Courses.HEADING 10. JURIES
And whereas of late yeares Partiall Corrupt and Unqualifyed Persons have beene returned and served on Juryes in Tryalls and particularly diverse Jurors in Tryalls for High Treason which were not Freeholders,HEADING 11. EXCESSIVE BAIL
And excessive Baile hath beene required of Persons committed in Criminall Cases to elude the Benefitt of the Lawes made for the Liberty of the Subjects.HEADING 12. FINES
And excessive Fines have beene imposed.HEADING 13. PUNISHMENTS
And illegall and cruell Punishments inflicted.HEADING 14. GRANTS OF FINES, &C. BEFORE CONVICTION, &C
And severall Grants and Promises made of Fines and Forfeitures before any Conviction or Judgement against the Persons upon whome the same were to be levyed. All which are utterly directly contrary to the knowne Lawes and Statutes and Freedome of this Realme.HEADING 15. RECITAL THAT THE LATE KING JAMES II. HAD ABDICATED THE GOVERNMENT, AND THAT THE THRONE WAS VACANT, AND THAT THE PRINCE OF ORANGE HAD WRITTEN LETTERS TO THE LORDS AND COMMONS FOR THE CHOOSING REPRESENTATIVES IN PARLIAMENT
And whereas the said late King James the Second haveing Abdicated the Government and the Throne being thereby Vacant His Hignesse the Prince of Orange (whome it hath pleased Almighty God to make the glorious Instrument of Delivering this Kingdome from Popery and Arbitrary Power) did (by the Advice of the Lords Spirituall and Temporall and diverse principall Persons of the Commons) cause Letters to be written to the Lords Spirituall and Temporall being Protestants and other Letters to the severall Countyes Cityes Universities Burroughs and Cinque Ports for the Choosing of such Persons to represent them as were of right to be sent to Parlyament to meete and sitt at Westminster upon the two and twentyeth day of January in this Yeare one thousand six hundred eighty and eight in order to such an Establishment as that their Religion Lawes and Liberties might not againe be in danger of being Subverted, Upon which Letters Elections haveing beene accordingly made.HEADING 16. THE SUBJECT’S RIGHTS
And thereupon the said Lords Spirituall and Temporall and Commons pursuant to their respective Letters and Elections being now assembled in a full and free Representative of this Nation takeing into their most serious Consideration the best meanes for attaining the Ends aforesaid Doe in the first place (as their Auncestors in like Case have usually done) for the Vindicating and Asserting their auntient Rights and Liberties, DeclareHEADING 17. DISPENSING POWER
That the pretended Power of Suspending of Laws or the Execution of Laws by Regall Authority without Consent of Parlyament is illegall.HEADING 18. LATE DISPENSING POWER
That the pretended Power of Dispensing with Laws or the Execution of Laws by Regall Authoritie as it hath beene assumed and exercised of late is illegall.HEADING 19. ECCLESIASTICAL COURTS ILLEGAL
That the Commission for erecting the late Court of Commissioners for Ecclesiasticall Causes and all other Commissions and Courts of like nature are Illegall and Pernicious.HEADING 20. LEVYING MONEY
That levying Money for or to the Use of the Crowne by pretence of Prerogative without Grant of Parlyament for longer time or in other manner then the same is or shall be granted is Illegall.HEADING 21. RIGHT TO PETITION
That it is the Right of the Subjects to petition the King and all Commitments and Prosecutions for such Petitioning are Illegall.HEADING 22. STANDING ARMY
That the raising or keeping a standing Army within the Kingdome in time of Peace unlesse it be with Consent of Parlyament is against Law.HEADING 23. SUBJECTS’ ARMS
That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law.HEADING 24. FREEDOM OF ELECTION
That Election of Members of Parlyament ought to be free.HEADING 25. FREEDOM OF SPEECH
That the Freedome of Speech and Debates or Proceedings in Parlyament ought not to be impeached or questioned in any Court or Place out of Parlyament.HEADING 26. EXCESSIVE BAIL
That excessive Baile ought not to be required nor excessive Fines imposed nor cruell and unusuall Punishments inflicted.HEADING 27. JURIES
That Jurors ought to be duely impannelled and returned.HEADING 28. GRANTS OF FORFEITURES
That all Grants and Promises of Fines and Forfeitures of particular persons before Conviction are illegall and void.HEADING 29. FREQUENT PARLIAMENTS
And that for Redresse of all Grievances and for the amending strengthening and preserveing of the Lawes Parlyaments ought to be held frequently.HEADING 30. THE SAID RIGHTS CLAIMED. TENDER OF THE CROWN. REGAL POWER EXERCISED. LIMITATION OF THE CROWN
And they doe Claime Demand and Insist upon all and singular the Premises as their undoubted Rights and Liberties and that noe Declarations Judgements Doeings or Proceedings to the Prejudice of the People in any of the said Premisses ought in any wise to be drawne hereafter into Consequence or Example. To which Demand of their Rights they are particularly encouraged by the Declaration of this Highnesse the Prince of Orange as being the onely meanes for obtaining a full Redresse and Remedy therein. Haveing therefore an intire Confidence That his said Highnesse the Prince of Orange will perfect the Deliverance soe farr advanced by him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties. The said Lords Spirituall and Temporall and Commons assembled at Westminster doe Resolve That William and Mary Prince and Princesse of Orange be and be declared King and Queene of England France and Ireland and the Dominions thereunto belonging to hold the Crowne and Royall Dignity of the said Kingdomes and Dominions to them the said Prince and Princesse dureing their Lives and the Life of the Survivour of them And that the sole and full Exercise of the Regall Power be onely in and executed by the said Prince of Orange in the Names of the said Prince and Princesse dureing their joynt Lives And after their Deceases the said Crowne and Royall Dignitie of the said Kingdoms and Dominions to be to the Heires of the Body of the said Princesse And for default of such Issue to the Princesse Anne of Denmarke and the Heires of her Body And for default of such Issue to the Heires of the Body of the said Prince of Orange. And the Lords Spirituall and Temporall and Commons doe pray the said Prince and Princesse to accept the same accordingly.HEADING 31. NEW OATHS OF ALLEGIANCE, &C
And that the Oathes hereafter mentioned be taken by all Persons of whome the Oathes of Allegiance and Supremacy might be required by Law instead of them And that the said Oathes of Allegiance and Supremacy be abrogated.HEADING 32. ALLEGIANCE
I A B doe sincerely promise and sweare That I will be faithfull and beare true Allegiance to their Majestyes King William and Queene Mary Soe helpe me God.HEADING 33. SUPREMACY
I A B doe sweare That I doe from my Heart Abhorr, Detest and Abjure as Impious and Hereticall this damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be deposed or murdered by their Subjects or any other whatsoever. And I doe declare That noe Forreigne Prince Person Prelate, State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authoritie Ecclesiasticall or Spirituall within this Realme Soe helpe me God.HEADING 34. ACCEPTANCE OF THE CROWN. THE TWO HOUSES TO SIT. SUBJECTS’ LIBERTIES TO BE ALLOWED, AND MINISTERS HEREAFTER TO SERVE ACCORDING TO THE SAME. WILLIAM AND MARY DECLARED KING AND QUEEN. LIMITATION OF THE CROWN. PAPISTS DEBARRED THE CROWN. EVERY KING, &C. SHALL MAKE THE DECLARATION OF 30 CAR. II. IF UNDER 12 YEARS OLD, TO BE DONE AFTER ATTAINMENT THEREOF. KING’S AND QUEEN’S ASSENT
Upon which their said Majestyes did accept the Crowne and Royall Dignitie of the Kingdoms of England France and Ireland and the Dominions thereunto belonging according to the Resolution and Desire of the said Lords and Commons contained in the said Declaration. And thereupon their Majestyes were pleased That the said Lords Spirituall and Temporall and Commons being the two Houses of Parlyament should continue to sitt and with their Majesties Royall Concurrence make effectuall Provision for the Setlement of the Religion Lawes and Liberties of this Kingdome soe that the same for the future might not be in danger againe of being subverted, To which the said Lords Spirituall and Temporall and Commons did agree and proceede to act accordingly. Now in pursuance of the Premisses the said Lords Spirituall and Temporall and Commons in Parlyament assembled for the ratifying confirming and establishing the said Declaration and the Articles Clauses Matters and Things therein contained by the Force of a Law made in due Forme by Authority of Parlyament doe pray that it may be declared and enacted That all and singular the Rights and Liberties asserted and claimed in the said Declaration are the true auntient and indubitable Rights and Liberties of the People of this Kingdome and soe shall be esteemed allowed adjudged deemed and taken to be and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said Declaration And all Officers and Ministers whatsoever shall serve their Majestyes and their Successors according to the same in all times to come. And the said Lords Spirituall and Temporall and Commons seriously considering how it hath pleased Almighty God in his marvellous Providence and mercifull Goodness to this Nation to provide and preserve their said Majestyes Royall Persons most happily to Raigne over us upon the Throne of their Auncestors for which they render unto him from the bottome of their Hearts their humblest Thanks and Praises doe truely firmely assuredly and in the Sincerity of their Hearts thinke and doe hereby recognize acknowledge and declare That King James the Second haveing abdicated the Government and their Majestyes haveing accepted the Crowne and Royall Dignity as aforesaid Their said Majestyes did become were are and of right ought to be by the Lawes of this Realme our Soveraigne Liege Lord and Lady King and Queene of England France and Ireland and the Dominions thereunto belonging in and to whose Princely Persons the Royall State Crowne and Dignity of the said Realmes with all Honours Stiles Titles Regalities Prerogatives Powers Jurisdictions and Authorities to the same belonging and appertaining are most fully rightfully and intirely invested and incorporated united and annexed And for preventing all Questions and Divisions in this Realme by reason of any pretended Titles to the Crowne and for preserveing a Certainty in the Succession thereof in and upon which the Unity Peace Tranquillity and Safety of this Nation doth under God wholly consist and depend The said Lords Spirituall and Temporall and Commons doe beseech their Majestyes That it may be enacted established and declared That the Crowne and Regall Government of the said Kingdoms and Dominions with all and singular the Premisses thereunto belonging and appertaining shall bee and continue to their said Majestyes and the Survivour of them dureing their Lives and the Life of the Survivour of them And that the entire perfect and full Exercise of the Regall Power and Government be onely in and executed by his Majestie in the Names of both their Majestyes dureing their joynt Lives And after their deceases the said Crowne and Premisses shall be and remaine to the Heires of the Body of her Majestie and for default of such Issue to her Royall Highnesse the Princess Anne of Denmarke and the Heires of her Body and for default of such Issue to the Heires of the Body of his said Majestie And thereunto the said Lords Spirituall and Temporall and Commons doe in the Name of all the People aforesaid most humbly and faithfully submitt themselves their Heires and Posterities for ever and doe faithfully promise That they will stand to maintaine and defend their said Majesties and alsoe the Limitation and Succession of the Crowne herein specified and contained to the utmost of their Powers with their Lives and Estates against all Persons whatsoever that shall attempt any thing to the contrary. And whereas it hath beene found by Experience that it is inconsistent with the Safety and Welfaire of this Protestant Kingdome to be governed by a Popish Prince the said Lords Spirituall and Temporall and Commons doe further pray that it may be enacted That all and every person and persons that is are or shall be reconciled to or shall hold Communion with the See or Church of Rome or shall professe the Popish Religion shall be excluded and be for ever uncapeable to inherit possesse or enjoy the Crowne and Government of this Realme and Ireland and the Dominions thereunto belonging or any part of the same or to have use or exercise any Regall Power Authoritie or Jurisdiction within the same And in all and every such Case or Cases the People of these Realmes shall be and are hereby absolved of their Allegiance And the said Crowne and Government shall from time to time descend to and be enjoyed by such person or persons being Protestants as should have inherited and enjoyed the same in case the said person or persons soe reconciled holding Communion or Professing as aforesaid were naturally dead And that every King and Queene of this Realme who at any time hereafter shall come to and succeede in the Imperiall Crowne of this Kingdome shall on the first day of the meeting of the first Parlyament next after his or her comeing to the Crowne sitting in his or her Throne in the House of Peeres in the presence of the Lords and Commons therein assembled or at his or her Coronation before such person or persons who shall administer the Coronation Oath to him or her at the time of his or her takeing the said Oath (which shall first happen) make subscribe and audibly repeate the Declaration mentioned in the Statute made in the thirtyeth yeare of the Raigne of King Charles the Second Entituled An Act for the more effectuall Preserveing the Kings Person and Government by disableing Papists from sitting in either House of Parlyament But if it shall happen that such King or Queene upon his or her Succession to the Crowne of this Realme shall be under the Age of twelve yeares then every such King or Queene shall make subscribe and audibly repeate the said Declaration at his or her Coronation or the first day of the meeting of the first Parlyament as aforesaid which shall first happen after such King or Queene shall have attained the said Age of twelve yeares. All which Their Majestyes are contented and pleased shall be declared enacted and established by authoritie of this present Parliament and shall stand remaine and be the Law of this Realme for ever And the same are by their said Majesties by and with the advice and consent of the Lords Spirituall and Temporall and Commons in Parlyament assembled and by the authoritie of the same declared enacted and established accordinglyII. NON OBSTANTES MADE VOID
Noe Dispensation by Non obstante of or to any Statute or any part thereof shall be allowed but the same shall be held void and of noe effect Except a Dispensation be allowed of in such StatuteIII. [REPEALED]
ACT OF SETTLEMENT 1701
PREAMBLE
An Act for the further Limitation of the Crown and better securing the Rights and Liberties of the Subject I. RECITAL OF STAT. 1 W. & M. SESS. 2. C. 2. §2. AND THAT THE LATE QUEEN AND DUKE OF GLOUCESTER ARE DEAD; AND THAT HIS MAJESTY HAD RECOMMENDED FROM THE THRONE A FURTHER PROVISION FOR THE SUCCESSION OF THE CROWN IN THE PROTESTANT LINE. THE PRINCESS SOPHIA, ELECTRESS AND DUCHESS DOWAGER OF HANOVER, DAUGHTER OF THE LATE QUEEN OF BOHEMIA, DAUGHTER OF KING JAMES THE FIRST, TO INHERIT AFTER THE KING AND THE PRINCESS ANNE, IN DEFAULT OF ISSUE OF THE SAID PRINCESS AND HIS MAJESTY, RESPECTIVELY AND THE HEIRS OF HER BODY, BEING PROTESTANTSWhereasin the First Year of the Reign of Your Majesty and of our late most gracious Sovereign Lady Queen Mary (of blessed Memory) An Act of Parliament was made intituled [An Act for declaring the Rights and Liberties of the Subject and for setling the Succession of the Crown] wherein it was (amongst other things) enacted established and declared That the Crown and Regall Government of the Kingdoms of England France and Ireland and the Dominions thereunto belonging should be and continue to Your Majestie and the said late Queen during the joynt Lives of Your Majesty and the said Queen and to the Survivor And that after the Decease of Your Majesty and of the said Queen the said Crown and Regall Government should be and remain to the Heirs of the Body of the said late Queen And for Default of such Issue to Her Royall Highness the Princess Ann of Denmark and the Heirs of Her Body And for Default of such Issue to the Heirs of the Body of Your Majesty And it was thereby further enacted That all and every Person and Persons that then were or afterwards should be reconciled to or shall hold Communion with the See or Church of Rome or should professe the Popish Religion or marry a Papist should be excluded and are by that Act made for ever incapable to inherit possess or enjoy the Crown and Government of this Realm and Ireland and the Dominions thereunto belonging or any part of the same or to have use or exercise any regall Power Authority or Jurisdiction within the same And in all and every such Case and Cases the People of these Realms shall be and are thereby absolved of their Allegiance And that the said Crown and Government shall from time to time descend to and be enjoyed by such Person or Persons being Protestants as should have inherited and enjoyed the same in case the said Person or Persons so reconciled holding Communion professing or marrying as aforesaid were naturally dead After the making of which Statute and the Settlement therein contained Your Majesties good Subjects who were restored to the full and free Possession and Enjoyment of their Religion Rights and Liberties by the Providence of God giving Success to Your Majesties just Undertakings and unwearied Endeavours for that Purpose had no greater temporall Felicity to hope or wish for then to see a Royall Progeny descending from Your Majesty to whom (under God) they owe their Tranquility and whose Ancestors have for many Years been principall Assertors of the reformed Religion and the Liberties of Europe and from our said most gracious Sovereign Lady whose Memory will always be precious to the Subjects of these Realms And it having since pleased Almighty God to take away our said Sovereign Lady and also the most hopefull Prince William Duke of Gloucester (the only surviving Issue of Her Royall Highness the Princess Ann of Denmark) to the unspeakable Grief and Sorrow of Your Majesty and Your said good Subjects who under such Losses being sensibly put in mind that it standeth wholly in the Pleasure of Almighty God to prolong the Lives of Your Majesty and of Her Royall Highness and to grant to Your Majesty or to Her Royall Highness such Issue as may be inheritable to the Crown and Regall Government aforesaid by the respective Limitations in the said recited Act contained doe constantly implore the Divine Mercy for those Blessings And Your Majesties said Subjects having Daily Experience of Your Royall Care and Concern for the present and future Wellfare of these Kingdoms and particularly recommending from Your Throne a further Provision to be made for the Succession of the Crown in the Protestant Line for the Happiness of the Nation and the Security of our Religion And it being absolutely necessary for the Safety Peace and Quiet of this Realm to obviate all Doubts and Contentions in the same by reason of any pretended Titles to the Crown and to maintain a Certainty in the Succession thereof to which Your Subjects may safely have Recourse for their Protection in case the Limitations in the said recited Act should determine Therefore for a further Provision of the Succession of the Crown in the Protestant Line We Your Majesties most dutifull and Loyall Subjects the Lords Spirituall and Temporall and Commons in this present Parliament assembled do beseech Your Majesty that it may be enacted and declared and be it enacted and declared by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Comons in this present Parliament assembled and by the Authority of the same That the most Excellent Princess Sophia Electress and Dutchess Dowager of Hannover Daughter of the most Excellent Princess Elizabeth late Queen of Bohemia Daughter of our late Sovereign Lord King James the First of happy Memory be and is hereby declared to be the next in Succession in the Protestant Line to the Imperiall Crown and Dignity of the said Realms of England France and Ireland with the Dominions and Territories thereunto belonging after His Majesty and the Princess Ann of Denmark and in Default of Issue of the said Princess Ann and of His Majesty respectively and that from and after the Deceases of His said Majesty our now Sovereign Lord and of Her Royall Highness the Princess Ann of Denmark and for Default of Issue of the said Princess Ann and of His Majesty respectively the Crown and Regall Government of the said Kingdoms of England France and Ireland and of the Dominions thereunto belonging with the Royall State and Dignity of the said Realms and all Honours Stiles Titles Regalities Prerogatives Powers Jurisdictions and Authorities to the same belonging and appertaining shall be remain and continue to the said most Excellent Princess Sophia and the Heirs of Her Body being Protestants And thereunto the said Lords Spirituall and Temporall and Commons shall and will in the Name of all the People of this Realm most humbly and faithfully submitt themselves their Heirs and Posterities and do faithfully promise That after the Deceases of His Majesty and Her Royall Highness and the failure of the Heirs of their respective Bodies to stand to maintain and defend the said Princess Sophia and the Heirs of Her Body being Protestants according to the Limitation and Succession of the Crown in this Act specified and contained to the utmost of their Powers with their Lives and Estates against all Persons whatsoever that shall attempt any thing to the contrary.
II. THE PERSONS INHERITABLE BY THIS ACT, HOLDING COMMUNION WITH THE CHURCH OF ROME, INCAPACITATED AS BY THE FORMER ACT; TO TAKE THE OATH AT THEIR CORONATION, ACCORDING TO STAT. 1 W. & M. C. 6
Provided always and it is hereby enacted That all and every Person and Persons who shall or may take or inherit the said Crown by vertue of the Limitation of this present Act and is are or shall be reconciled to or shall hold Communion with the See or Church of Rome or shall profess the Popish Religion or shall marry a Papist shall be subject to such Incapacities as in such Case or Cases are by the said recited Act provided enacted and established And that every King and Queen of this Realm who shall come to and succeed in the Imperiall Crown of this Kingdom by vertue of this Act shall have the Coronation Oath administred to him her or them at their respective Coronations according to the Act of Parliament made in the First Year of the Reign of His Majesty and the said late Queen Mary intituled An Act for establishing the Coronation Oath and shall make subscribe and repeat the Declaration in the Act first above recited mentioned or referred to in the Manner and Form thereby prescribedIII. FURTHER PROVISIONS FOR SECURING THE RELIGION, LAWS, AND LIBERTIES OF THESE REALMS
And whereas it is requisite and necessary that some further Provision be made for securing our Religion Laws and Liberties from and after the Death of His Majesty and the Princess Ann of Denmark and in default of Issue of the Body of the said Princess and of His Majesty respectively Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in Parliament assembled and by the Authority of the same That whosoever shall hereafter come to the Possession of this Crown shall joyn in Communion with the Church of England as by Law established That in case the Crown and Imperiall Dignity of this Realm shall hereafter come to any Person not being a Native of this Kingdom of England this Nation be not obliged to ingage in any Warr for the Defence of any Dominions or Territories which do not belong to the Crown of England without the Consent of Parliament. That after the said Limitation shall take Effect as aforesaid no Person born out of the Kingdoms of England Scotland or Ireland or the Dominions thereunto belonging (although he be made a Denizen) (except such as are born of English Parents) shall be capable to be of the Privy Councill or a Member of either House of Parliament or to enjoy any Office or Place of Trust either Civill or Military or to have any Grant of Lands Tenements or Hereditaments from the Crown to himself or to any other or others in Trust for him [This paragraph has been repealed so far as it relates to British subjects and citizens of Eire] That no Pardon under the Great Seal of England be pleadable to an Impeachment by the Commons in Parliament.IV. THE LAWS AND STATUTES OF THE REALM CONFIRMED
And whereas the Laws of England are the Birthright of the People thereof and all the Kings and Queens who shall ascend the Throne of this Realm ought to administer the Government of the same according to the said Laws and all their Officers and Ministers ought to serve them respectively according to the same The said Lords Spirituall and Temporall and Commons do therefore further humbly pray That all the Laws and Statutes of this Realm for securing the established Religion and the Rights and Liberties of the People thereof and all other Laws and Statutes of the same now in Force may be ratified and confirmed And the same are by His Majesty by and with the Advice and Consent of the said Lords Spirituall and Temporall and Commons and by Authority of the same ratified and confirmed accordingly.UNION WITH SCOTLAND ACT 1706
An Act for an Union of the Two Kingdoms of England and Scotland Most gracious SovereignPREAMBLE. RECITAL OF ARTICLES OF UNION, DATED 22D JULY, 5 ANN.; AND OF AN ACT OF PARLIAMENT PASSED IN SCOTLAND, 16TH JANUARY, 5 ANN
Whereas Articles of Union were agreed on the Twenty Second day of July in the Fifth year of Your Majesties reign by the Commissioners nominated on behalf of the Kingdom of England under Your Majesties Great Seal of England bearing date at Westminster the Tenth day of April then last past in pursuance of an Act of Parliament made in England in the Third year of Your Majesties reign and the Commissioners nominated on the behalf of the Kingdom of Scotland under Your Majesties Great Seal of Scotland bearing date the Twenty Seventh day of February in the Fourth year of Your Majesties Reign in pursuance of the Fourth Act of the Third Session of the present Parliament of Scotland to treat of and concerning an Union of the said Kingdoms And Whereas an Act hath passed in the Parliament of Scotland at Edinburgh the Sixteenth day of January in the Fifth year of Your Majesties reign wherein ’tis mentioned that the Estates of Parliament considering the said Articles of Union of the two Kingdoms had agreed to and approved of the said Articles of Union with some Additions and Explanations And that Your Majesty with Advice and Consent of the Estates of Parliament for establishing the Protestant Religion and Presbyterian Church Government within the Kingdom of Scotland had passed in the same Session of Parliament an Act intituled Act for securing of the Protestant Religion and Presbyterian Church Government which by the Tenor thereof was appointed to be inserted in any Act ratifying the Treaty and expressly declared to be a fundamental and essential Condition of the said Treaty or Union in all times coming the Tenor of which Articles as ratified and approved of with Additions and Explanations by the said Act of Parliament of Scotland followsARTICLE I. THE KINGDOMS UNITED; ENSIGNS ARMORIAL
That the two Kingdoms of England and Scotland shall upon the First day of May which shall be in the year One thousand seven hundred and seven and for ever after be united into one Kingdom by the name of Great Britain And that the Ensigns Armorial of the said United Kingdom be such as Her Majesty shall appoint and the Crosses of St. George and St. Andrew be conjoyned in such manner as Her Majesty shall think fit and used in all Flags Banners Standards and Ensigns both at Sea and Land.ARTICLE II. SUCCESSION TO THE MONARCHY
That the Succession to the Monarchy of the United Kingdom of Great Britain and of the Dominions thereto belonging after Her most Sacred Majesty and in default of Issue of Her Majesty be remain and continue to the most Excellent Princess Sophia Electoress and Dutchess Dowager of Hanover and the Heirs of her body being Protestants upon whom the Crown of England is settled by an Act of Parliament made in England in the Twelfth year of the reign of His late Majesty King William the Third intituled an Act for the further Limitation of the Crown and better securing the rights and Liberites of the Subject And that all Papists and persons marrying Papists shall be excluded from and for ever incapable to inherit possess or enjoy the Imperial Crown of Great Britain and the Dominions thereunto belonging or any part thereof and in every such Case the Crown and Government shall from time to time descend to and be enjoyed by such person being a Protestant as should have inherited and enjoyed the same in case such Papist or person marrying a Papist was naturally dead according to the Provision for the descent of the Crown of England made by another Act of Parliament in England in the first year of the reign of Their late Majesties King William and Queen Mary intituled an Act declaring the Rights and Liberites of the Subject and settling the Succession of the Crown.ARTICLE III. PARLIAMENT
That the United Kingdom of Great Britain be represented by one and the same Parliament to be stiled The Parliament of Great Britain.ARTICLE IIII. TRADE AND NAVIGATION AND OTHER RIGHTS
That all the Subjects of the United Kingdom of Great Britain shall from and after the Union have full freedom and Intercourse of Trade and Navigation to and from any port or place within the said United Kingdom and the Dominions and Plantations thereunto belonging And that there be a Communication of all other Rights Privileges and Advantages which do or may belong to the Subjects of either Kingdom except where it is otherwise expressly agreed in these Articles.ARTICLE V
[Repealed]ARTICLE VI. REGULATIONS OF TRADE, DUTIES, &C
That all parts of the United Kingdom for ever from and after the Union shall have the same Allowances Encouragements and Drawbacks and be under the same prohibitions restrictions and regulations of Trade and liable to the same Customs and Duties on Import and Export And that the Allowances Encouragements and Drawbacks prohibitions restrictions and regulations of Trade and the Customs and Duties on Import and Export settled in England when the Union commences shall from and after the Union take place throughout the whole United KingdomARTICLE VII. EXCISE
That all parts of the United Kingdom be for ever from and after the Union liable to the same Excise upon all exciseable LiquorsARTICLE VIII-XV
[Repealed]ARTICLE XVI. COIN
That from and after the Union the Coin shall be of the same Standard and value throughout the United Kingdom as now in EnglandARTICLE XVII
[Repealed]ARTICLE XVIII. LAWS CONCERNING PUBLIC RIGHTS. PRIVATE RIGHTS
That the Laws concerning regulation of Trade Customs and such Excises to which Scotland is by virtue of this Treaty to be liable be the same in Scotland from and after the Union as in England and that all other Laws in use within the Kingdom of Scotland do after the Union and notwithstanding thereof remain in the same force as before (except such as are contrary to or inconsistent with this Treaty) but alterable by the Parliament of Great Britain with this difference betwixt the Laws concerning publick right Policy and Civil Government and those which concern private right that the Laws which concern publick right Policy and Civil Government may be made the same throughout the whole United Kingdom But that no alteration be made in Laws which concern private right Except for evident Utility of the Subjects within ScotlandARTICLE XIX. COURT OF SESSION. WRITERS TO THE SIGNET ADMITTED LORDS OF SESSION. COURT OF JUSTICIARY. OTHER COURTS. CAUSES IN SCOTLAND NOT COGNIZABLE IN COURTS IN WESTMINSTER HALL
That the Court of Session or Colledge of Justice do after the Union and notwithstanding thereof remain in all time coming within Scotland as it is now constituted by the Laws of that Kingdom and with the same authority and privileges as before the Union Subject nevertheless to such regulations for the better Administration of Justice as shall be made by the Parliament of Great Britain and that hereafter none shall be named by Her Majesty or Her Royal Successors to be ordinary Lords of Session but such who have served in the Colledge of Justice as Advocates or Principal Clerks of Session for the Space of Five years or as Writers to the Signet for the Space of ten years with this provision that noWriter to the Signet be capable to be admitted a Lord of the Session unless he undergo a private and publick Tryal on the Civil Law before the Faculty of Advocates and be found by them qualified for the said Office two years before he be named to be a Lord of the Session yet so as the Qualifications made or to be made for capacitating persons to be named ordinary Lords of Session may be altered by the Parliament of Great Britain And that the Court of Justiciary do also after the Union and notwithstanding thereof remain in all time coming within Scotland as it is now constituted by the Laws of that Kingdom and with the same authority and privileges as before the Union Subject nevertheless to such regulations as shall be made by the Parliament of Great Britain and without prejudice of other rights of Justiciary And that the heretable rights of Admiralty and Vice Admiralties in Scotland be reserved to the respective proprietors as rights of property Subject nevertheless as to the manner of exercising such heretable rights to such regulations and alterations as shall be thought proper to be made by the Parliament of Great Britain And that all other Courts now in being within the Kingdom of Scotland do remain but Subject to alterations by the Parliament of Great Britain And that all inferior Courts within the said limits do remain Subordinate as they are now to the supreme Courts of Justice within the same in all time coming And that no Causes in Scotland be cognoscible by the Courts of Chancery Queen’s Bench Common Pleas or any other Court in Westminster Hall and that the said Courts or any other of the like nature after the Union shall have no Power to cognosce review or alter the Acts or Sentences of the Judicatures within Scotland or stop the Execution of the sameARTICLE XX. HERITABLE OFFICES, &C
That all Heretable Offices Superiorities Heretable Jurisdictions Offices for Life and Jurisdictions for Life be reserved to the owners thereof as Rights of Property in the same manner as they are now enjoyed by the Laws of Scotland notwithstanding this Treaty.ARTICLE XXI. ROYAL BURGHS
That the Rights and Privileges of the Royal Burghs in Scotland as they now are do remain entire after the Union and notwithstanding thereof.ARTICLE XXII
[Repealed]ARTICLE XXIII. PRIVILEGES OF THE SIXTEEN PEERS OF SCOTLAND
That all Peers of Scotland and their Successors to their Honours and Dignities shall from and after the Union be Peers of Great Britain and have rank and precedency next and immediately after the Peers of the like Orders and Degrees in England at the time of the Union and before all Peers of Great Britain of the like Orders and Degrees who may be created after the Union and shall enjoy all privileges of Peers as fully as the Peers of England do now or as they or any other Peers of Great Britain may hereafter enjoy the sameARTICLE XXIV. HERALDRY; GREAT SEAL; SEAL KEPT IN SCOTLAND; PRIVY SEAL, &C. IN SCOTLAND; REGALIA
That from and after the Union there be one Great Seal for the United Kingdom of Great Britain which shall be different from the Great Seal now used in either Kingdom and that the Quartering the Arms and the rank and precedency of the Lyon King of Arms of the Kingdom of Scotland as may best suit the Union be left to Her Majesty And that in the mean time the Great Seal of England be used as the Great Seal of the United Kingdom and that the Great Seal of the United Kingdom be used for sealing Writts to elect and summon the Parliament of Great Britain and for sealing all Treaties with foreign Princes and States and all Publick Acts Instruments and Orders of State which concern the whole United Kingdom and in all other matters relating to England as the Great Seal of England is now used And that a Seal in Scotland after the Union be always kept and made use of in all things relating to private rights or Grants which have usually passed the Great Seal of Scotland and which only concern Offices Grants Commissions and private rights within that Kingdom and that until such Seal shall be appointed by Her Majesty the present Great Seal of Scotland shall be used for such purposes And that the Privy Seal Signet Casset Signet of the Justiciary Court Quarter Seal and Seals of Courts now used in Scotland be continued But that the said Seals be altered and adapted to the State of the Union as Her Majesty shall think fit And the said Seals and all of them and the Keepers of them shall be subject to such regulations as the Parliament of Great Britain shall hereafter make And that the Crown Scepter and Sword of State the Records of Parliament and all other Records Rolls and Registers whatsoever both publick and private general and particular and Warrants thereof continue to be kept as they are within that part of the United Kingdom now called Scotland and that they shall so remain in all time coming notwithstanding the UnionARTICLE XXV
I. LAWS INCONSISTENT WITH THE ARTICLES, VOIDThat all Laws and Statutes in either Kingdom so far as they are contrary to or inconsistent with the Terms of these Articles or any of them shall from and after the Union cease and become void and shall be so declared to be by the respective Parliaments of the said Kingdoms. As by the said Articles of Union ratified and approved by the said Act of Parliament of Scotland relation thereunto being had may appear
II. ACTS OF SCOTLAND HEREIN MENTIONED, CONFIRMED; UNIVERSITIES AND COLLEGES OF SAINT ANDREW, GLASGOW, ABERDEEN AND EDINBURGH, TO CONTINUE; SUBJECTS NOT LIABLE TO OATH, TEST, OR SUBSCRIPTION, INCONSISTANT WITH THE PRESBYTERIAN CHURCH GOVERNMENT; SUCCESSOR TO SWEAR TO MAINTAIN THE SAID SETTLEMENT OF RELIGION; THIS ACT TO BE HELD A FUNDAMENTAL CONDITION OF UNION, AND TO BE INSERTED IN ANY ACT OF PARLIAMENT FOR CONCLUDING THE SAID UNION; THIS RATIFICATION OF THE SAID ARTICLES NOT BINDING UNTIL THEY ARE RATIFIED BY PARLIAMENT OF ENGLAND, &C.; LAWS CONTRARY TO ARTICLES VOID.
And the Tenor of the aforesaid Act for securing the Protestant Religion and Presbyterian Church Government within the Kingdom of Scotland is as follows. Our Sovereign Lady and the Estates of Parliament considering that by the late Act of Parliament for a Treaty with England for an Union of both Kingdoms It is provided that the Commissioners for that Treaty should not treat of or concerning any Alteration of the Worship Discipline and Government of the Church of this Kingdom as now by Law established which Treaty being now reported to the Parliament and it being reasonable and necessary that the true Protestant Religion as presently professed within this Kingdom with the Worship Discipline and Government of this Church should be effectually and unalterably secured Therefore Her Majesty with Advice and Consent of the said Estates of Parliament doth hereby establish and confirm the said true Protestant Religion and the Worship Discipline and Government of this Church to continue without any Alteration to the People of this Land in all succeeding Generations And more especially Her Majesty with Advice and Consent aforesaid ratifies approves and for ever confirms the Fifth Act of the first Parliament of King William and Queen Mary intituled Act ratifying the Confession of Faith and settling Presbyterian Church Government with all other Acts of Parliament relating thereto in Prosecution of the Declaration of the Estates of this Kingdom, containing the Claim of Right bearing date the Eleventh of April One thousand six hundred and eighty nine And Her Majesty with Advice and Consent aforesaid expressly provides and declares that the foresaid true Protestant Religion contained in the above mentioned Confession of Faith with the Form and Purity of Worship presently in use within this Church and its Presbyterian Church Government and Discipline (that is to say) the Government of the Church by Kirk Sessions Presbyteries Provincial Synods and General Assemblies all established by the foresaid Acts of Parliament pursuant to the Claim of Right shall remain and continue unalterable And that the said Presbyterian Government shall be the only Government of the Church within the Kingdom of Scotland And further for the Greater Security of the foresaid Protestant Religion and of the Worship Discipline and Government of this Church as above established Her Majesty with Advice and Consent foresaid statutes and ordains that the Universities and Colledges of Saint Andrew’s Glasgow Aberdeen and Edinburgh as now established by Law shall continue within this Kingdom for ever And further Her Majesty with Advice aforesaid expressly declares and statutes that none of the Subjects of this Kingdom shall be liable to but all and every one of them for ever free of any Oath Test or Subscription within this Kingdom contrary to or inconsistent with the foresaid true Protestant Religion and Presbyterian Church Government Worship and Discipline as above established and that the same within the Bounds of this Church and Kingdom shall never be imposed upon or required of them in any sort And lastly that after the decease of Her present Majesty (whom God long preserve) the Soveraign succeeding to Her in the Royal Government of the Kingdom of Great Britain shall in all time coming at His or Her Accession to the Crown swear and subscribe that they shall inviolably maintain and preserve the foresaid Settlement of the true Protestant Religion with the Government Worship Discipline right and Privileges of this Church as above established by the Laws of this Kingdom in Prosecution of the Claim of Right And it is hereby statute and ordained that this Act of Parliament with the Establishment therein contained shall be held and observed in all time coming as a Fundamental and Essential Condition of any Treaty or Union to be concluded betwixt the two Kingdoms without any Alteration thereof or Derogation thereto in any sort for ever As also that this Act of Parliament and Settlement therein contained shall be insert and repeated in any Act of Parliament that shall pass for agreeing and concluding the foresaid Treaty or Union betwixt the two Kingdoms and that the same shall be therein expressly declared to be a Fundamental and Essential Condition of the said Treaty or Union in all time coming which Articles of Union and Act immediately above written Her Majesty with Advice and Consent aforesaid statutes enacts and ordains to be and continue in all time coming the Sure and perpetual Foundation of a compleat and entire Union of the two Kingdoms of Scotland and England under the express Condition and provision that this approbation and ratification of the foresaid Articles and Act shall be no ways binding on this Kingdom until the said Articles and Act be ratified approved and confirmed by Her Majesty with and by the Authority of the Parliament of England as they are now agreed to approved and confirmed by Her Majesty with and by the Authority of the Parliament of Scotland declaring nevertheless that the Parliament of England may provide for the Security of the Church of England as they think expedient to take place within the Bounds of the said Kingdom of England and not derogating from the Security above provided for establishing of the Church of Scotland within the Bounds of this Kingdom As also the said Parliament of England may extend the Additions and other Provisions contained in the Articles of Union as above insert in favours of the Subjects of Scotland to and in favours of the Subjects of England which shall not suspend or derogate from the force and effect of this present Ratification but shall be understood as herein included without the necessity of any new ratification in the Parliament of Scotland And lastly Her Majesty enacts and declares that all Laws and Statutes in this Kingdom so far they are contrary to or inconsistent with the Terms of these Articles as above mentioned shall from and after the Union cease and become void.III. CAP. 8 ANTE
And Whereas an Act hath passed in this present Session of Parliament intituled An Act for securing the Church of England as by Law established the Tenor whereof follows Whereas by an Act made in the Session of Parliament held in the third and fourth year of Her Majesties reign whereby Her Majesty was impowered to appoint Commissioners under the Great Seal of England to treat with Commissioners to be authorized by the Parliament of Scotland concerning an Union of the Kingdoms of England and Scotland It is Provided and enacted that the Commissioners to be named in pursuance of the said Act should not treat of or concerning any Alteration of the Liturgy Rites Ceremonies Discipline or Government of the Church as by Law established within this Realm And whereas certain Commissioners appointed by Her Majesty in pursuance of the said Act and also other Commissioners nominated by Her Majesty by the Authority of the Parliament of Scotland have met and agreed upon a Treaty of Union of the said Kingdoms which Treaty is now under the Consideration of this present Parliament And whereas the said Treaty (with some Alterations therein made) is ratified and approved by Act of Parliament in Scotland and the said Act of Ratification is by Her Majesties Royal Command laid before the Parliament of this Kingdom And whereas it is reasonable and necessary that the true Protestant Religion Professed and established by Law in the Church of England and the Doctrine Worship Discipline and Government thereof should be effectually and unalterably secured Be it enacted by the Queens most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same That an Act made in the thirteenth year of the reign of the late King Charles the Second intituled an Act for the Uniformity of the publick Prayers and Administration of Sacraments and other rites and ceremonies and for establishing the form of making ordaining and consecrating Bishops Priests and Deacons in the Church of England (other than such Clauses in the said Acts or either of them as have been repealed or altered by any subsequent Act or Acts of Parliament) and all and singular other Acts of Parliament now in force for the Establishment and Preservation of the Church of England and the Doctrine Worship Discipline and Government thereof shall remain and be in full force for ever And be it further enacted by the Authority aforesaid That after the Demise of Her Majesty (whom God long preserve) the Sovereign next succeeding to Her Majesty in the Royal Government of the Kingdom of Great Britain and so for ever hereafter every King or Queen succeeding and coming to the Royal Government of the Kingdom of Great Britain at His or Her Coronation shall in the presence of all persons who shall be attending assisting or otherwise then and there present take and subscribe an Oath to maintain and preserve inviolably the said Settlement of the Church of England and the Doctrine Worship Discipline and Government thereof as by Law established within the Kingdoms of England and Ireland the Dominion of Wales and Town of Berwick upon Tweed and the Territories thereunto belonging. And be it further enacted by the Authority aforesaid That this Act and all and every the matters and things therein contained be and shall for ever be holden and adjudged to be a Fundamental and Essential part of any Treaty of Union to be concluded between the said two Kingdoms and also that this Act shall be inserted in express Terms in any Act of Parliament which shall be made for settling and ratifying any such Treaty of Union and shall be therein declared to be an Essential and Fundamental part thereof.IV. THE SAID ARTICLES AND ACT OF PARLIAMENT OF SCOTLAND CONFIRMED
May It therefore please Your most Excellent Majesty that it may be enacted and 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 Authority of the same That all and every the said Articles of Union as ratified and approved by the said Act of Parliament of Scotland as aforesaid and herein before particularly mentioned and inserted and also the said Act of Parliament of Scotland for establishing the Protestant Religion and Presbyterian Church Government within that Kingdom intituled Act for Securing the Protestant Religion and Presbyterian Church Government and every Clause matter and thing in the said Articles and Act contained shall be and the said Articles and Act are hereby for ever ratified approved and confirmed. V. CAP. 8 ANTE, AND THE SAID ACT OF PARLIAMENT OF SCOTLAND TO BE OBSERVED AS FUNDAMENTAL CONDITIONS OF THE SAID UNION; AND THE SAID ARTICLES AND ACTS OF PARLIAMENT TO CONTINUE THE UNIONAnd it is hereby further enacted by the Authority aforesaid That the said Act passed in this present Session of Parliament intituled An Act for securing the Church of England as by Law established and all and every the matters and things therein contained And also the said Act of Parliament of Scotland intituled Act for securing the Protestant Religion and Presbyterian Church Government with the Establishment in the said Act contained be and shall for ever be held and adjudged to be and observed as Fundamental and Essential Conditions of the said Union And shall in all times coming be taken to be and are hereby declared to be essential and fundamental parts of the said Articles and Union And the said Articles of Union so as aforesaid ratified approved and confirmed by Act of Parliament of Scotland and by this present Act And the said Act passed in this present Session of Parliament intituled an Act for securing the Church of England as by Law established And also the said Act passed in the Parliament of Scotland intituled Act for securing the Protestant Religion and Presbyterian Church Government are hereby enacted and ordained to be and continue in all times coming the complete and intire Union of the two Kingdoms of England and Scotland
VI. RECITAL OF ACT OF PARLIAMENT OF SCOTLAND FOR SETTLING ELECTION OF THE SIXTEEN PEERS AND FORTY-FIVE MEMBERS FOR SCOTLAND
And whereas since the passing the said Act in the Parliament of Scotland for ratifying the said Articles of Union one other Act intituled Act settling the manner of electing the Sixteen Peers and Forty Five Members to represent Scotland in the Parliament of Great Britain hath likewise passed in the said Parliament of Scotland at Edinburgh the Fifth day of February One thousand seven hundred and seven the Tenor whereof follows Our Sovereign Lady considering that by the Twenty Second Article of the Treaty of Union as the same is ratified by an Act passed in this Session of Parliament upon the Sixteenth of January last It is provided That by virtue of the said Treaty of the Peers of Scotland at the time of the Union Sixteen shall be the number to sit and vote in the House of Lords and Forty Five the number of the Representatives of Scotland in the House of Commons of the Parliament of Great Britain and that the said Sixteen Peers and Forty Five Members in the House of Commons be named and chosen in such manner as by a subsequent Act in this present Session of Parliament in Scotland should be settled which Act is thereby declared to be as valid as if it were a part of and ingrossed in the said Treaty Therefore Her Majesty with Advice and Consent of the Estates of Parliament statutes enacts and ordains that the said Sixteen Peers who shall have right to sit in the House of Peers in the Parliament of Great Britain on the part of Scotland by virtue of this Treaty shall be named by the said Peers of Scotland whom they represent their Heirs or Successors to their Dignities and Honours out of their own number and that by open Election and Plurality of Voices of the Peers present and of the Proxies for such as shall be absent the said Proxies being Peers and producing a Mandate in Writing duly signed before Witnesses and both the Constituent and Proxy being qualified according to Law declaring also that such Peers as are absent being qualified as aforesaid may send to all such meetings Lists of the Peers whom they judge fittest validly signed by the said absent Peers which shall be reckoned in the same manner as if the parties had been present and given in the said List And in case of the Death or legal incapacity of any of the said Sixteen Peers that the aforesaid Peers of Scotland shall nominate another of their own Number in place of the said Peer or Peers in manner before and after mentioned It is always hereby expressly provided and declared that none shall be capable to elect or be elected for any of the said Estates but such as are twenty one years of Age completeVII. THE SAID ACT DECLARED VALID AS IF IT HAD BEEN PART OF THE SAID ARTICLES OF UNION
As by the said Act passed in Scotland for settling the manner of electing the Sixteen Peers and Forty Five Members to represent Scotland in the Parliament of Great Britain may appear Be it therefore further enacted and declared by the Authority aforesaid That the said last mentioned Act Passed in Scotland for settling the manner of electing the Sixteen Peers and Forty Five Members to represent Scotland in the Parliament of Great Britain as aforesaid shall be and the same is hereby declared to be as valid as if the same had been part of and engrossed in the said Articles of Union ratified and approved by the said Act of Parliament of Scotland and by this Act as aforesaid.UNION WITH IRELAND ACT 1800
An Act for the Union of Great Britain and Ireland.PREAMBLE
Whereas in pursuance of his Majesty’s most gracious recommendation to the two Houses of Parliament in Great Britain and Ireland respectively, to consider of such measures as might best tend to strengthen and consolidate the connection between the two kingdoms, the two Houses of the Parliament of Great Britain and the two Houses of the Parliament of Ireland have severally agreed and resolved, that, in order to promote and secure the essential interests of Great Britain and Ireland, and to consolidate the strength, power and resources of the British Empire, it will be adviseable to concur in such measures as may best tend to unite the two kingdoms of Great Britain and Ireland into one kingdom, in such manner, and on such terms and conditions, as may be established by the Acts of the respective Parliaments of Great Britain and Ireland:PART 1. THE PARLIAMENTS OF ENGLAND AND IRELAND HAVE AGREED UPON THE ARTICLES FOLLOWING
And whereas, in furtherance of the said resolution, both Houses of the said two Parliaments respectively have likewise agreed upon certain Articles for effectuating and establishing the said purposes, in the tenor following:ARTICLE FIRST. THAT GREAT BRITAIN AND IRELAND SHALL UPON JAN. 1, 1801, BE UNITED INTO ONE KINGDOM; AND THAT THE TITLES APPERTAINING TO THE CROWN, &C. SHALL BE SUCH AS HIS MAJESTY SHALL BE PLEASED TO APPOINT
That it be the First Article of the Union of the kingdoms of Great Britain and Ireland, that the said kingdoms of Great Britain and Ireland shall, upon the first day of January which shall be in the year of our Lord one thousand eight hundred and one, and for ever after, be united into one kingdom, by the name of the United Kingdom of Great Britain and Ireland, and that the royal stile and titles appertaining to the imperial crown of the said United Kingdom and its dependencies, and also the ensigns, armorial flags and banners thereof, shall be such as his Majesty, by his royal proclamation under the Great Seal of the United Kingdom, shall be pleased to appoint.ARTICLE SECOND. THAT THE SUCCESSION TO THE CROWN SHALL CONTINUE LIMITED AND SETTLED AS AT PRESENT
That it be the Second Article of Union, that the succession to the imperial crown of the said United Kingdom, and of the dominions thereunto belonging, shall continue limited and settled in the same manner as the succession to the imperial crown of the said kingdoms of Great Britain and Ireland now stands limited and settled, according to the existing laws and to the terms of union between England and Scotland.ARTICLE THIRD. THAT THE UNITED KINGDOM BE REPRESENTED IN ONE PARLIAMENT
That it be the Third Article of Union, that the said United Kingdom be represented in one and the same Parliament, to be stiled the Parliament of the United Kingdom of Great Britain and Ireland.ARTICLE FOURTH
1. T-HAT SUCH ACT AS SHALL BE PASSED IN IRELAND TO REGULATE THE MODE OF SUMMONING AND RETURNING THE LORDS AND COMMONERS TO SERVE IN THE UNITED PARLIAMENT OF THE UNITED KINGDOM, SHALL BE CONSIDERED AS PART OF THE TREATY OF UNION
That such Act as shall be passed in the Parliament of Ireland previous to the union, to regulate the mode by which the lords spiritual and tbemporal and the commons, to serve in the Parliament of the United Kingdom on the part of Ireland, shall be summoned and returned to the said Parliament, shall be considered as forming part of the treaty of union, and shall be incorporated in the Acts of the respective Parliaments by which the said union shall be ratified and established:2. T-HAT ANY PEER OF IRELAND MAY BE ELECTED TO SERVE IN THE HOUSE OF COMMONS OF THE UNITED KINGDOM, UNLESS PREVIOUSLY ELECTED TO SIT IN THE HOUSE OF LORDS, BUT SHALL NOT BE ENTITLED TO THE PRIVILEGE OF PEERAGE, ETC
That any person holding any peerage of Ireland now subsisting, or hereafter to be created, shall not thereby be disqualified from being elected to serve, if he shall so think fit, or from serving or continuing to serve, if he shall so think fit, for any county, city or borough, in the House of Commons of the United Kingdom, but that so long as such peer of Ireland shall so continue to be a member of the House of Commons, he shall not be entitled to the privilege of peerage:3. H-IS MAJESTY MAY CREATE PEERS, AND MAKE PROMOTIONS IN THE PEERAGE OF IRELAND AFTER THE UNION, UNDER CERTAIN REGULATIONS
That it shall be lawful for his Majesty, his heirs and successors, to create peers of Ireland, and to make promotions in the peerage thereof, after the union; provided that no new creation of any such peers shall take place after the union, until three of the peerages of Ireland which shall have been existing at the time of the union shall have become extinct; and upon such extinction of three peerages that it shall be lawful for his Majesty, his heirs and successors, to create one peer of Ireland; and in like manner so often as three peerages of Ireland shall become extinct, it shall be lawful for his Majesty, his heirs and successors, to create one other peer of the said part of the United Kingdom; and if it shall happen that the peers of Ireland shall, by extinction of peerages or otherwise, be reduced to the number of one hundred exclusive of all such peers of Ireland as shall hold any peerage of Great Britain subsisting at the time of the union, or of the United Kingdom created since the union, by which such peers shall be entitled to an hereditary seat in the House of Lords of the United Kingdom then and in that case it shall and may be lawful for his Majesty, his heirs and successors, to create one peer of Ireland, as often as any one of such one hundred peerages shall fail by extinction, or as often as any one peer of Ireland shall become entitled by descent or creation to an hereditary seat in the House of Lords of the United Kingdom; it being the true intent and meaning of this Article, that at all times after the union it shall and may be lawful for his Majesty, his heirs and successors, to keep up the peerage of Ireland to the number of one hundred, over and above the number of such of the said peers as shall be entitled by descent or creation to an hereditary seat in the House of Lords of the United Kingdom:4. P-EERAGES IN ABEYANCE TO BE DEEMED EXISTING PEERAGES, AND NO PEERAGE TO BE DEEMED EXTINCT BUT ON DEFAULT OF CLAIM FOR A YEAR AFTER THE DEATH OF THE LATE POSSESSOR. IF A CLAIM BE AFTER THAT PERIOD MADE AND ALLOWED, AND A NEW CREATION SHALL HAVE TAKEN PLACE IN THE INTERVAL, NO NEW RIGHT OF CREATION SHALL ACCRUE TO HIS MAJESTY ON THE NEXT EXTINCTION OF A PEERAGE
That if any peerage shall at any time be in abeyance, such peerage shall be deemed and taken as an existing peerage; and no peerage shall be deemed extinct, unless on default of claimants to the inheritance of such peerage for the space of one year from the death of the person who shall have been last possessed thereof; and if no claim shall be made to the inheritance of such peerage, in such form and manner as may from time to time be prescribed by the House of Lords of the United Kingdom, before the expiration of the said period of a year, then and in that case such peerage shall be deemed extinct; provided that nothing herein shall exclude any person from afterwards putting in a claim to the peerage so deemed extinct; and if such claim shall be allowed as valid by judgement of the House of Lords of the United Kingdom, reported to his Majesty, such peerage shall be considered as revived; and in case any new creation of a peerage of Ireland shall have taken place in the interval, in consequence of the supposed extinction of such peerage, then no new right of creation shall accrue to his Majesty, his heirs or successors in consequence of the next extinction which shall take place of any peerage of Ireland:5. Q-UESTIONS TOUCHING THE ELECTION OF MEMBERS TO SIT IN THE HOUSE OF COMMONS OF THE UNITED KINGDOM ON THE PART OF IRELAND SHALL BE DECIDED AS QUESTIONS TOUCHING SUCH ELECTIONS IN GREAT BRITAIN
That all questions touching the election of members to sit on the part of Ireland in the House of Commons of the United Kingdom shall be heard and decided in the same manner as questions touching such elections in Great Britain now are or at any time hereafter shall by law be heard and decided; subject nevertheless to such particular regulations in respect of Ireland as, from local circumstances, the Parliament of the United Kingdom may from time to time deem expedient:6. W-HEN HIS MAJESTY SHALL DECLARE HIS PLEASURE FOR HOLDING A PARLIAMENT OF THE UNITED KINGDOM, A PROCLAMATION SHALL ISSUE TO CAUSE THE LORDS AND COMMONS, WHO ARE TO SERVE ON THE PART OF IRELAND TO BE RETURNED AS SHALL BE PROVIDED BY ANY ACT OF THE PRESENT SESSION IN IRELAND
That when his Majesty, his heirs or successors, shall declare his, her or their pleasure for holding the first or any subsequent Parliament of the United Kingdom, a proclamation shall issue, under the Great Seal of the United Kingdom, to cause the commons, who are to serve in the Parliament thereof on the part of Ireland, to be returned in such manner as by any Act of this present session of the Parliament of Ireland shall be provided; and that the lords spiritual and temporal and commons of Great Britain shall, together with the commons so returned as aforesaid on the part of Ireland, constitute the two Houses of the Parliament of the United Kingdom:7. T-HE LORDS OF PARLIAMENT ON THE PART OF IRELAND SHALL HAVE THE SAME PRIVILEGES AS THE LORDS ON THE PART OF GREAT BRITAIN, AND ALL LORDS SPIRITUAL OF IRELAND SHALL HAVE RANK NEXT AFTER THE LORDS SPIRITUAL OF THE SAME RANK OF GREAT BRITAIN, AND SHALL ENJOY THE SAME PRIVILEGES, (EXCEPT THOSE DEPENDING UPON SITTING IN THE HOUSE OF LORDS), AND THE TEMPORAL PEERS OF IRELAND SHALL HAVE RANK NEXT AFTER THE PEERS OF THE LIKE RANK IN GREAT BRITAIN AT THE TIME OF THE UNION; AND ALL PEERAGES OF IRELAND AND OF THE UNITED KINGDOM CREATED AFTER THE UNION SHALL HAVE RANK ACCORDING TO CREATION; AND ALL PEERAGES OF GREAT BRITAIN AND OF IRELAND SHALL, IN ALL OTHER RESPECTS, BE CONSIDERED AS PEERAGES OF THE UNITED KINGDOM, AND THE PEERS OF IRELAND SHALL ENJOY THE SAME PRIVILEGES, EXCEPT THOSE DEPENDING UPON SITTING IN THE HOUSE OF LORDS
And that the persons holding any temporal peerages of Ireland existing at the time of the union shall, from and after the union, have rank and precedency next and immediately after all the persons holding peerages of the like orders and degrees in Great Britain subsisting at the time of the union; and that all peerages of Ireland created after the union shall have rank and precedency with the peerages of the United Kingdom so created, according to the dates of their creations; and that all peerages both of Great Britain and Ireland now subsisting or hereafter to be created shall in all other respects from the date of the union be considered as peerages of the United Kingdom; and that the peers of Ireland shall, as peers of the United Kingdom enjoy all privileges of peers as fully as the peers of Great Britain, the right and privilege of sitting in the House of Lords and the privileges depending thereon, only excepted.ARTICLE FIFTH. THE CHURCHES OF ENGLAND AND IRELAND TO BE UNITED INTO ONE PROTESTANT EPISCOPAL CHURCH, AND THE DOCTRINE OF THE CHURCH OF SCOTLAND TO REMAIN AS NOW ESTABLISHED
That it be the Fifth Article of Union, that the doctrine, worship, discipline and government of the Church of Scotland shall remain and be preserved as the same are now established by law and by the Acts for the union of the two kingdoms of England and Scotland.ARTICLE SIXTH
1. T-HE SUBJECTS OF GREAT BRITAIN AND IRELAND SHALL BE ON THE SAME FOOTING IN RESPECT OF TRADE AND NAVIGATION, AND IN ALL TREATIES WITH FOREIGN POWERS THE SUBJECTS OF IRELAND SHALL HAVE THE SAME PRIVILEGES AS BRITISH SUBJECT
That it be the Sixth Article of Union, that his Majesty’s subjects of Great Britain and Ireland shall from and after the first day of January one thousand eight hundred and one be entitled to the same privileges and be on the same footing, as to encouragements and bounties on the like articles, being the growth, produce or manufacture of either country respectively, and generally in respect of trade and navigation in all ports and places in the United Kingdom and its dependencies; and that in all treaties made by his Majesty his heirs and successors, with any foreign power, his Majesty’s subjects of Ireland shall have the same privileges and be on the same footing as his Majesty’s subjects of Great Britain.2. F-ROM JANUARY 1, 1801, ALL PROHIBITIONS AND BOUNTIES ON THE EXPORT OF ARTICLES THE PRODUCE OR MANUFACTURE OF EITHER COUNTRY TO THE OTHER SHALL CEASE
That from the first day of January one thousand eight hundred and one all prohibitions and bounties on the export of articles, the growth, produce or manufacture of either country, to the other shall cease and determine; and that the said articles shall thenceforth be exported from one country to the other without duty or bounty on such export:3. A-LL ARTICLES THE PRODUCE OR MANUFACTURE OF EITHER COUNTRY, NOT HEREIN-AFTER ENUMERATED AS SUBJECT TO SPECIFIC DUTIES, SHALL BE IMPORTED INTO EACH COUNTRY FROM THE OTHER, DUTY FREE, OTHER THAN THE COUNTERVAILING DUTIES IN THE SCHEDULE NO. 1. OR TO SUCH AS SHALL HEREAFTER BE IMPOSED BY THE UNITED PARLIAMENT
That all articles, the Growth, Produce or Manufacture of either Country (not herein-after enumerated as subject to specific duties), shall from thenceforth be imported into each country from the other free from duty other than such countervailing duties as shall hereafter be imposed by the Parliament of the United Kingdom, in the manner herein-after provided;4. A-RTICLES OF THE PRODUCE OR MANUFACTURE OF EITHER COUNTRY, SUBJECT TO INTERNAL DUTY, OR TO DUTY ON THE MATERIALS, MAY BE SUBJECTED ON IMPORTATION INTO EACH COUNTRY TO COUNTERVAILING DUTIES, AND UPON THEIR EXPORT A DRAWBACK OF THE DUTY SHALL BE ALLOWED
That any articles of the growth, produce or manufacture of either country, which are or may be subject to internal duty or to duty on the materials of which they are composed, may be made subject, on their importation into each country respectively from the other, to such countervailing duty as shall appear to be just and reasonable in respect of such internal duty or duties on the materials; and that upon the export of the said articles from each country to the other respectively, a drawback shall be given equal in amount to the countervailing duty payable on such articles on the import thereof into the same country from the other; and that in like manner in future it shall be competent to the united Parliament to impose any new or additional countervailing duties, or to take off or diminish such existing countervailing duties as may appear, on like principles, to be just and reasonable in respect of any future or additional internal duty on any article of the growth, produce or manufacture of either country, or of any new or additional duty on any materials of which such article may be composed, or of any abatement of duty on the same; and that when any such new or additional countervailing duty shall be so imposed on the import of any article into either country from the other, a drawback, equal in amount to such countervailing duty, shall be given in like manner on the export of every such article respectively from the same country to the other:5. A-RTICLES THE PRODUCE OR MANUFACTURE OF EITHER COUNTRY WHEN EXPORTED THROUGH THE OTHER, SHALL BE SUBJECT TO THE SAME CHARGES AS IF EXPORTED DIRECTLY FROM THE COUNTRY OF WHICH THEY WERE THE PRODUCE OR MANUFACTURE
That all articles, the growth, produce or manufacture of either country, when exported through the other, shall in all cases be exported subject to the same charges as if they had been exported directly from the country of which they were the growth, produce or manufacture:ARTICLE SEVENTH
[Repealed]ARTICLE EIGHT
1. A-LL LAWS IN FORCE AT THE UNION, AND ALL COURTS OF JURISDICTION WITHIN THE RESPECTIVE KINGDOMS, SHALL REMAIN, SUBJECT TO SUCH ALTERATIONS AS MAY APPEAR PROPER TO THE UNITED PARLIAMENT. ALL APPEALS TO BE FINALLY DECIDED BY THE PEERS OF THE UNITED KINGDOM. THERE SHALL REMAIN IN IRELAND A COURT OF ADMIRALTY, AND APPEALS THEREFROM SHALL BE TO THE DELEGATES IN CHANCERY THERE. ALL LAWS CONTRARY TO THE PROVISIONS ENACTED FOR CARRYING THESE ARTICLES INTO EFFECT TO BE REPEALED
That it be the Eighth Article of Union, that all laws in force at the time of the union, and all the courts of civil and ecclesiastical jurisdiction within the respective kingdoms, shall remain as now by law established within the same, subject only to such alterations and regulations from time to time as circumstances may appear to the Parliament of the United Kingdom to require; provided that from and after the union there shall remain in Ireland an Instance Court of Admiralty for the determination of causes civil and maritime only, and that the appeal from sentences of the said court shall be to his Majesty’s Delegates in his Court of Chancery in Ireland; and that all laws at present in force in either kingdom, which shall be contrary to any of the provisions which may be enacted by any Act for carrying these Articles into effect, be from and after the union repealed.2. H-IS MAJESTY HAVING BEEN PLEASED TO APPROVE OF THE FOREGOING ARTICLES, IT IS ENACTED, THAT THEY SHALL BE THE ARTICLES OF UNION, AND BE IN FORCE FOR EVER, FROM JAN. 1, 1801; PROVIDED THAT BEFORE THAT PERIOD AN ACT SHALL HAVE BEEN PASSED IN IRELAND FOR CARRYING THEM INTO EFFECT
And whereas the said Articles having, by address of the respective Houses of Parliament in Great Britain and Ireland, been humbly laid before his Majesty, his Majesty has been graciously pleased to approve the same, and to recommend it to his two Houses of Parliament in Great Britain and Ireland to consider of such measures as may be necessary for giving effect to the said Articles: In order therefore to give full effect and validity to the same, be it enacted by the King’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, that the said foregoing recited Articles, each and every one of them, according to the true import and tenor thereof, be ratified, confirmed and approved, and be and they are hereby declared to be the Articles of the Union of Great Britain and Ireland, and the same shall be in force and have effect for ever, from the first day of January which shall be in the year of our Lord one thousand eight hundred and one; provided that before that period an Act shall have been passed by the Parliament of Ireland, for carrying into effect in the like manner the said foregoing recited Articles.PART 2
1. R-ECITAL OF AN ACT OF THE PARLIAMENT OF IRELAND TO REGULATE THE MODE BY WHICH THE LORDS AND THE COMMONS, TO SERVE IN THE PARLIAMENT OF THE UNITED KINGDOM ON THE PART OF IRELAND, SHALL BE SUMMONED AND RETURNED
And whereas an Act, intituled “An Act to regulate the mode by which the lords spiritual and temporal, and the commons, to serve in the Parliament of the United Kingdom on the part of Ireland, shall be summoned and returned to the said Parliament,” has been passed by the Parliament of Ireland, the tenor whereof is as follows: An Act to regulate the mode by which the lords spiritual and temporal, and the commons, to serve in the Parliament of the United Kingdom on the part of Ireland, shall be summoned and returned to the said Parliament; In case of the summoning of a new Parliament, or if the seat of any of the commoners shall become vacant by death or otherwise, then the counties, cities or boroughs, or any of them, as the case may be, shall proceed to a new election; and no meeting shall at any time hereafter be summoned, called, convened or held for the purpose of electing any person or persons to serve or act or be considered as representative or representatives of any other place, town, city, corporation or borough, or as representative or representatives of the freemen, freeholders, householders or inhabitants thereof, either in the Parliament of the United Kingdom or elsewhere (unless it shall hereafter be otherwise provided by the Parliament of the United Kingdom); Whenever his Majesty, his heirs and successors, shall by proclamation under the Great Seal of the United Kingdom summon a new Parliament of the United Kingdom of Great Britain and Ireland, the Chancellor, Keeper or Commissioners of the Great Seal of Ireland, shall cause writs to be issued to the several counties, cities, and boroughs in Ireland, for the election of members to serve in the Parliament of the United Kingdom, and whenever any vacancy of a seat in the House of Commons of the Parliament of the United Kingdom for any of the said counties, cities or boroughs, shall arise by death or otherwise, the Chancellor, Keeper or Commissioners of the Great Seal, upon such vacancy being certified to them respectively by the proper warrant, shall forthwith cause a writ to issue for the election of a person to fill up such vacancy;2. R-ECITED ACT TO BE TAKEN AS A PART OF THIS ACT.
Be it enacted, that the said Act so herein recited be taken as a part of this Act, and be deemed to all intents and purposes incorporated within the same.PARLIAMENT ACTS 1911 AND 1949
PREAMBLE
An Act to make provision with respect to the powers of the House of Lords in relation to those of the House of Commons, and to limit the duration of Parliament. [18th August 1911] Whereas it is expedient that provision should be made for regulating the relations between the two Houses of Parliament: And whereas it is intended to substitute for the House of Lords as it at present exists a Second Chamber constituted on a popular instead of hereditary basis, but such substitution cannot be immediately brought into operation: And whereas provision will require hereafter to be made by Parliament in a measure effecting such substitution for limiting and defining the powers of the new Second Chamber, but it is expedient to make such provision as in this Act appears for restricting the existing powers of the House of Lords:1. P-OWERS OF HOUSE OF LORDS AS TO MONEY BILLS
1. If a Money Bill, having been passed by the House of Commons, and sent up to the House of Lords at least one month before the end of the session, is not passed by the House of Lords without amendment within one month after it is so sent up to that House, the Bill shall, unless the House of Commons direct to the contrary, be presented to His Majesty and become an Act of Parliament on the Royal Assent being signified, notwithstanding that the House of Lords have not consented to the Bill. 2. A Money Bill means a Public Bill which in the opinion of the Speaker of the House of Commons contains only provisions dealing with all or any of the following subjects, namely, the imposition, repeal, remission, alteration, or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on the Consolidated Fund, the National Loans Fund or on money provided by Parliament, or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof; or subordinate matters incidental to those subjects or any of them. In this subsection the expressions “taxation,” “public money,” and “loan” respectively do not include any taxation, money, or loan raised by local authorities or bodies for local purposes. 3. There shall be endorsed on every Money Bill when it is sent up to the House of Lords and when it is presented to His Majesty for assent the certificate of the Speaker of the House of Commons signed by him that it is a Money Bill. Before giving his certificate the Speaker shall consult, if practicable, two members to be appointed from the Chairmen’s Panel at the beginning of each Session by the Committee of Selection.2. R-ESTRICTION OF THE POWERS OF THE HOUSE OF LORDS AS TO BILLS OTHER THAN MONEY BILLS
1. If any Public Bill (other than a Money Bill or a Bill containing any provision to extend the maximum duration of Parliament beyond five years) is passed by the House of Commons in two successive sessions (whether of the same Parliament or not), and, having been sent up to the House of Lords at least one month before the end of the session, is rejected by the House of Lords in each of those sessions, that Bill shall, on its rejection for the second time by the House of Lords, unless the House of Commons direct to the contrary, be presented to His Majesty and become an Act of Parliament on the Royal Assent being signified thereto, notwithstanding that the House of Lords have not consented to the Bill: Provided that this provision shall not take effect unless one year has elapsed between the date of the second reading in the first of those sessions of the Bill in the House of Commons and the date on which it passes the House of Commons in the second of these sessions. 2. When a Bill is presented to His Majesty for assent in pursuance of the provisions of this section, there shall be endorsed on the Bill the certificate of the Speaker of the House of Commons signed by him that the provisions of this section have been duly complied with. 3. A Bill shall be deemed to be rejected by the House of Lords if it is not passed by the House of Lords either without amendment or with such amendments only as may be agreed to by both Houses. 4. A Bill shall be deemed to be the same Bill as a former Bill sent up to the House of Lords in the preceding session if, when it is sent up to the House of Lords, it is identical with the former Bill or contains only such alterations as are certified by the Speaker of the House of Commons to be necessary owing to the time which has elapsed since the date of the former Bill, or to represent any amendments which have been made by the House of Lords in the former Bill in the preceding session, and any amendments which are certified by the Speaker to have been made by the House of Lords in the second session and agreed to by the House of Commons shall be inserted in the Bill as presented for Royal Assent in pursuance of this section: Provided that the House of Commons may, if they think fit, on the passage of such a Bill through the House in the second session, suggest any further amendments without inserting the amendments in the Bill, and any such suggested amendments shall be considered by the House of Lords, and, if agreed to by that House, shall be treated as amendments made by the House of Lords and agreed to by the House of Commons; but the exercise of this power by the House of Commons shall not affect the operation of this section in the event of the Bill being rejected by the House of Lords.3. C-ERTIFICATE OF SPEAKER
Any certificate of the Speaker of the House of Commons given under this Act shall be conclusive for all purposes, and shall not be questioned in any court of law.4. E-NACTING WORDS
1. In every Bill presented to His Majesty under the preceding provisions of this Act, the words of enactment shall be as follows, that is to say:— “Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949 and by authority of the same, as follows.” 2. Any alteration of a Bill necessary to give effect to this section shall not be deemed to be an amendment of the Bill.5. P-ROVISIONAL ORDER BILLS EXCLUDED
In this Act the expression “Public Bill” does not include any Bill for confirming a Provisional Order.6. S-AVING FOR EXISTING RIGHTS AND PRIVILEGES OF THE HOUSE OF COMMONS
Nothing in this Act shall diminish or qualify the existing rights and privileges of the House of Commons.7. D-URATION OF PARLIAMENT
[Omitted]8. S-HORT TITLE
This Act may be cited as the Parliament Acts 1911 and 1949.LIFE PEERAGES ACT 1958
PREAMBLE
An Act to make provision for the creation of life peerages carrying the right to sit and vote in the House of Lords. [30th April 1958]1. P-OWER TO CREATE LIFE PEERAGES CARRYING RIGHT TO SIT IN THE HOUSE OF LORDS
1. Her Majesty shall have power by letters patent to confer on any person a peerage for life having the incidents specified in subsection (2) of this section. 2. A peerage conferred under this section shall, during the life of the person on whom it is conferred, entitle him— a.to rank as a baron under such style as may be appointed by the letters patent; andb.subject to subsection (4) of this section, to receive writs of summons to attend the House of Lords and sit and vote therein accordingly,
and shall expire on his death. 3. A life peerage may be conferred under this section on a woman. 4. Nothing in this section shall enable any person to receive a writ of summons to attend the House of Lords, or to sit and vote in that House, at any time when disqualified therefor by law.
2. S-HORT TITLE
This Act may be cited as the Life Peerages Act 1958.EUROPEAN COMMUNITIES ACT 1972
PREAMBLE
An Act to make provision in connection with the enlargement of the European Communities to include the United Kingdom, together with (for certain purposes) the Channel Islands, the Isle of Man and Gibraltar.PART I. GENERAL PROVISIONS
1. S-HORT TITLE AND INTERPRETATION
1. This Act may be cited as the European Communities Act 1972. 2. In this Act- “the Communities” means the European Economic Community, the European Coal and Steel Community and the European Atomic Energy Community;“the Treaties” or "the EU Treaties" means, subject to subsection (3) below, the pre-accession treaties, that is to say, those described in Part I of Schedule 1 to this Act, taken with—
a.the treaty relating to the accession of the United Kingdom to the European Economic Community and to the European Atomic Energy Community, signed at Brussels on the 22nd January 1972; and
b.the decision, of the same date, of the Council of the European Communities relating to the accession of the United Kingdom to the European Coal and Steel Community; and
c.the treaty relating to the accession of the Hellenic Republic to the European Economic Community and to the European Atomic Energy Community, signed at Athens on 28th May 1979; and
d.the decision, of 24th May 1979, of the Council relating to the accession of the Hellenic Republic to the European Coal and Steel Community; and
e.the decisions of the Council of 7th May 1985, 24th June 1988, 31st October 1994, 29th September 2000 and 7th June 2007 on the Communities' system of own resources; and
g.the treaty relating to the accession of the Kingdom of Spain and the Portuguese Republic to the European Economic Community and to the European Atomic Energy Community, signed at Lisbon and Madrid on 12th June 1985; and
h.the decision, of 11th June 1985, of the Council relating to the accession of the Kingdom of Spain and the Portuguese Republic to the European Coal and Steel Community; and
j.the following provisions of the Single European Act signed at Luxembourg and The Hague on 17th and 28th February 1986, namely Title II (amendment of the treaties establishing the Communities) and, so far as they relate to any of the Communities or any Community institution, the preamble and Titles I (common provisions) and IV (general and final provisions); and
k.Titles II, III and IV of the Treaty on European Union signed at Maastricht on 7th February 1992, together with the other provisions of the Treaty so far as they relate to those Titles, and the Protocols adopted at Maastricht on that date and annexed to the Treaty establishing the European Community with the exception of the Protocol on Social Policy on page 117 of Cm 1934; and
l.the decision, of 1st February 1993, of the Council amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20th September 1976; and
m.the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993; and
n.the treaty concerning the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, signed at Corfu on 24th June 1994; and
o.the following provisions of the Treaty signed at Amsterdam on 2nd October 1997 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts—
i.Articles 2 to 9,
ii.Article 12, and
iii.the other provisions of the Treaty so far as they relate to those Articles,
and the Protocols adopted on that occasion other than the Protocol on Article J.7 of the Treaty on European Union; and
p.the following provisions of the Treaty signed at Nice on 26th February 2001 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts—
i.Articles 2 to 10, and
ii.the other provisions of the Treaty so far as they relate to those Articles,
and the Protocols adopted on that occasion; and
q.the treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, signed at Athens on 16th April 2003; and
r.the treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union, signed at Luxembourg on 25th April 2005; and
s.the Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community signed at Lisbon on 13th December 2007 (together with its Annex and protocols), excluding any provision that relates to, or in so far as it relates to or could be applied in relation to, the Common Foreign and Security Policy; and
t.the Protocol amending the Protocol (No. 36) on transitional provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, signed at Brussels on 23 June 2010; and
u.the treaty concerning the accession of the Republic of Croatia to the European Union, signed at Brussels on 9 December 2011; and
v.the Protocol on the concerns of the Irish people on the Treaty of Lisbon, adopted at Brussels on 16 May 2012;
and any other treaty entered into by the EU (except in so far as it relates to, or could be applied in relation to, the Common Foreign and Security Policy) , with or without any of the member States, or entered into, as a treaty ancillary to any of the Treaties, by the United Kingdom;
and any expression defined in Schedule 1 to this Act has the meaning there given to it.
3. If Her Majesty by Order in Council declares that a treaty specified in the Order is to be regarded as one of the EU Treaties as herein defined, the Order shall be conclusive that it is to be so regarded; but a treaty entered into by the United Kingdom after the 22nd January 1972, other than a pre-accession treaty to which the United Kingdom accedes on terms settled on or before that date, shall not be so regarded unless it is so specified, nor be so specified unless a draft of the Order in Council has been approved by resolution of each House of Parliament. 4. For purposes of subsections (2) and (3) above, “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.
2. G-ENERAL IMPLEMENTATION OF TREATIES
1. All such rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Treaties, and all such remedies and procedures from time to time provided for by or under the Treaties, as in accordance with the Treaties are without further enactment to be given legal effect or used in the United Kingdom shall be recognised and available in law, and be enforced, allowed and followed accordingly; and the expression “enforceable EU right” and similar expressions shall be read as referring to one to which this subsection applies. 2. Subject to Schedule 2 to this Act, at any time after its passing Her Majesty may by Order in Council, and any designated Minister or department may by order, rules, regulations or scheme, make provision— a.for the purpose of implementing any EU obligation of the United Kingdom, or enabling any such obligation to be implemented, or of enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of the Treaties to be exercised; orb.for the purpose of dealing with matters arising out of or related to any such obligation or rights or the coming into force, or the operation from time to time, of subsection (1) above;
and in the exercise of any statutory power or duty, including any power to give directions or to legislate by means of orders, rules, regulations or other subordinate instrument, the person entrusted with the power or duty may have regard to the objects of the EU and to any such obligation or rights as aforesaid. In this subsection “designated Minister or department” means such Minister of the Crown or government department as may from time to time be designated by Order in Council in relation to any matter or for any purpose, but subject to such restrictions or conditions (if any) as may be specified by the Order in Council. 3. There shall be charged on and issued out of the Consolidated Fund or, if so determined by the Treasury, the National Loans Fund the amounts required to meet any EU obligation to make payments to the EU or a member State, or any EU obligation in respect of contributions to the capital or reserves of the European Investment Bank or in respect of loans to the Bank, or to redeem any notes or obligations issued or created in respect of any such EU obligation and, except as otherwise provided by or under any enactment,— a.any other expenses incurred under or by virtue of the Treaties or this Act by any Minister of the Crown or government department may be paid out of moneys provided by Parliament; and
b.any sums received under or by virtue of the Treaties or this Act by any Minister of the Crown or government department, save for such sums as may be required for disbursements permitted by any other enactment, shall be paid into the Consolidated Fund or, if so determined by the Treasury, the National Loans Fund.
4. The provision that may be made under subsection (2) above includes, subject to Schedule 2 to this Act, any such provision (of any such extent) as might be made by Act of Parliament, and any enactment passed or to be passed, other than one contained in this part of this Act, shall be construed and have effect subject to the foregoing provisions of this section; but, except as may be provided by any Act passed after this Act, Schedule 2 shall have effect in connection with the powers conferred by this and the following sections of this Act to make Orders in Council or orders, rules, regulations or schemes. 5. and the references in that subsection to a Minister of the Crown or government department and to a statutory power or duty shall include a Minister or department of the Government of Northern Ireland and a power or duty arising under or by virtue of an Act of the Parliament of Northern Ireland. 6. A law passed by the legislature of any of the Channel Islands or of the Isle of Man, or a colonial Law (within the meaning of the Colonial Laws Validity Act 1865) passed or made for Gibraltar, if expressed to be passed or made in the implementation of the Treaties and of the obligations of the United Kingdom thereunder, shall not be void or inoperative by reason of any inconsistency with or repugnancy to an Act of Parliament, passed or to be passed, that extends to the Island or Gibraltar or any provision having the force and effect of an Act there (but not including this section), nor by reason of its having some operation outside the Island or Gibraltar; and any such Act or provision that extends to the Island or Gibraltar shall be construed and have effect subject to the provisions of any such law.
3. D-ECISIONS ON, AND PROOF OF, TREATIES AND EU INSTRUMENTS ETC
1. For the purposes of all legal proceedings any question as to the meaning or effect of any of the Treaties, or as to the validity, meaning or effect of any EU instrument, shall be treated as a question of law (and, if not referred to the European Court, be for determination as such in accordance with the principles laid down by and any relevant decision of the European Court). 2. Judicial notice shall be taken of the Treaties, of the Official Journal of the European Union and of any decision of, or expression of opinion by, the European Court on any such question as aforesaid; and the Official Journal shall be admissible as evidence of any instrument or other act thereby communicated of the EU or of any EU institution. 3. Evidence of any instrument issued by an EU institution, including any judgment or order of the European Court, or of any document in the custody of an EU institution, or any entry in or extract from such a document, may be given in any legal proceedings by production of a copy certified as a true copy by an official of that institution; and any document purporting to be such a copy shall be received in evidence without proof of the official position or handwriting of the person signing the certificate. 4. Evidence of any EU instrument may also be given in any legal proceedings— a.by production of a copy purporting to be printed by the Queen’s Printer;b.where the instrument is in the custody of a government department (including a department of the Government of Northern Ireland), by production of a copy certified on behalf of the department to be a true copy by an officer of the department generally or specially authorised so to do;
and any document purporting to be such a copy as is mentioned in paragraph (b) above of an instrument in the custody of a department shall be received in evidence without proof of the official position or handwriting of the person signing the certificate, or of his authority to do so, or of the document being in the custody of the department. 5. In any legal proceedings in Scotland evidence of any matter given in a manner authorised by this section shall be sufficient evidence of it.
PART II. AMENDMENT OF LAW
4. G-ENERAL PROVISION FOR REPEAL AND AMENDMENT
1. The enactments mentioned in Schedule 3 to this Act (being enactments that are superseded or to be superseded by reason of EU obligations and of the provision made by this Act in relation thereto or are not compatible with EU obligations) are hereby repealed, to the extent specified in column 3 of the Schedule, with effect from the entry date or other date mentioned in the Schedule; and in the enactments mentioned in Schedule 4 to this Act there shall, subject to any transitional provision there included, be made the amendments provided for by that Schedule. 2. Where in any Part of Schedule 3 to this Act it is provided that repeals made by that Part are to take effect from a date appointed by order, the orders shall be made by statutory instrument, and an order may appoint different dates for the repeal of different provisions to take effect, or for the repeal of the same provision to take effect for different purposes; and an order appointing a date for a repeal to take effect may include transitional and other supplementary provisions arising out of that repeal, including provisions adapting the operation of other enactments included for repeal but not yet repealed by that Schedule, and may amend or revoke any such provisions included in a previous order. 3. Where any of the following sections of this Act, or any paragraph of Schedule 4 to this Act, affects or is construed as one with an Act or Part of an Act similar in purpose to provisions having effect only in Northern Ireland, then— a.unless otherwise provided by Act of the Parliament of Northern Ireland, the Governor of Northern Ireland may by Order in Council make provision corresponding to any made by the section or paragraph, and amend or revoke any provision so made; andb.[Repealed]
4. Where Schedule 3 or 4 to this Act provides for the repeal or amendment of an enactment that extends or is capable of being extended to any of the Channel Islands or the Isle of Man, the repeal or amendment shall in like manner extend or be capable of being extended thereto.
5. C-USTOMS DUTIES
1. Subject to subsection (2) below, on and after the relevant date there shall be charged, levied, collected and paid on goods imported into the United Kingdom such EU customs duty, if any, as is for the time being applicable in accordance with the Treaties or, if the goods are not within the common customs tariff of the EU and the duties chargeable are not otherwise fixed by any directly applicable EU provision, such duty of customs, if any, as the Treasury, on the recommendation of the Secretary of State, may by order specify. For this purpose “the relevant date”, in relation to any goods, is the date on and after which the duties of customs that may be charged thereon are no longer affected under the Treaties by any temporary provision made on or with reference to the accession of the United Kingdom to the Communities. 2. Where as regards goods imported into the United Kingdom provision may, in accordance with the Treaties, be made in derogation of the common customs tariff or of the exclusion of customs duties as between member States, the Treasury may by order make such provision as to the customs duties chargeable on the goods, or as to exempting the goods from any customs duty, as the Treasury may on the recommendation of the Secretary of State determine. 3. Schedule 2 to this Act shall also have effect in connection with the powers to make orders conferred by subsections (1) and (2) above. (4)(6). [Repealed] 6A. [Repealed] (7)(9). [Repealed]6. T-HE COMMON AGRICULTURAL POLICY
1. [Repealed] 2. [Repealed] 3. Sections 5 and 7 of the Agriculture Act 1957 (which make provision for the support of arrangements under section 1 of that Act for providing guaranteed prices or assured markets) shall apply in relation to any EU arrangements for or related to the regulation of the market for any agricultural produce as if references, in whatever terms, to payments made by virtue of section 1 were references to payments made by virtue of the EU arrangements by or on behalf of the relevant Minister and as if for every reference in section 5 to the Minister there were substituted a reference to the relevant Minister. 4. Agricultural levies of the EU, so far as they are charged on goods exported from the United Kingdom or shipped as stores, shall be paid to and recoverable by the relevant Minister; and the power of the relevant Minister to make orders under section 5 of the Agriculture Act 1957, as extended by this section, shall include power to make such provision supplementary to any directly applicable EU provision as the relevant Minister considers necessary for securing the payment of any agricultural levies so charged, including provision for the making of declarations or the giving of other information in respect of goods exported, shipped as stores, or otherwise dealt with. 5. Except as otherwise provided by or under any enactment, agricultural levies of the EU, so far as they are charged on goods imported into the United Kingdom, shall be levied, collected and paid, and the proceeds shall be dealt with, as if they were EU customs duties, and in relation to those levies the following enactments shall apply as they would apply in relation to EU customs duties, that is to say:— a.the Customs and Excise Management Act 1979 (as for the time being amended by any later Act) and any other statutory provisions for the time being in force relating generally to customs or excise duties on imported goods; andb.sections 1, 3, 4, 5, 6 (including Schedule 1), 7, 8, 9, 12, 13, 15, 17 and 18 of the Customs and Excise Duties (General Reliefs) Act 1979 but so that—
i.any references in sections 1, 3 and 4 to the Secretary of State shall include the Ministers; and
ii.the reference in section 15 to an application for an authorisation under regulations made under section 2 of that Act shall be read as a reference to an application for an authorisation under regulations made under section 2(2) of this Act;
and, if, in connection with any such EU arrangements as aforesaid, the Commissioners of Customs and Excise are charged with the performance, on behalf of the Board or otherwise, of any duties in relation to the payment of refunds or allowances on goods exported or to be exported from the United Kingdom, then in relation to any such refund or allowance section 133 (except subsection (3) and the reference to that subsection in subsection (2) and section 159 of the Customs and Excise Management Act 1979 shall apply as they apply in relation to a drawback of excise duties, and other provisions of that Act shall have effect accordingly. 6. The enactments applied by subsection (5)(a) above shall apply subject to such exceptions and modifications, if any, as the Commissioners of Customs and Excise may by regulations prescribe, and shall be taken to include section 10 of the Finance Act 1901 (which relates to changes in customs import duties in their effect on contracts), but shall not include section 126 of the Customs and Excise Management Act 1979 (charge of duty on manufactured or composite articles). 7. [Repealed] 8. Expressions used in this section shall be construed as if contained in Part I of the Agriculture Act 1957; and in this section “agricultural levy” shall include any tax not being a customs duty, but of equivalent effect, that may be chargeable in accordance with any such EU arrangements as aforesaid, and “statutory provision” includes any provision having effect by virtue of any enactment and, in subsection (2), any enactment of the Parliament of Northern Ireland or provision having effect by virtue of such an enactment. 7. [Repealed] 8. [Repealed] 9. [Repealed] 10. [Repealed]
11. E-U OFFENCES
1. A person who, in sworn evidence before the the European Court, makes any statement which he knows to be false or does not believe to be true shall, whether he is a British subject or not, be guilty of an offence and may be proceeded against and punished— a.in England and Wales as for an offence against section 1(1) of the Perjury Act 1911; orb.in Scotland as for an offence against section 44(1) of the Criminal Law (Consolidation) (Scotland) Act 1995; or
c.in Northern Ireland as for an offence against Article 3(1) of the Perjury (Northern Ireland) Order 1979.
Where a report is made as to any such offence under the authority of the the European Court then a bill of indictment for the offence may, in England or Wales or in Northern Ireland, be preferred as in a case where a prosecution is ordered under section 9 of the Perjury Act 1911 or Article 13 of the Perjury (Northern Ireland) Order 1979, but the report shall not be given in evidence on a person’s trial for the offence. 2. Where a person (whether a British subject or not) owing either— a.to his duties as a member of any Euratom institution or committee, or as an officer or servant of Euratom; or
b.to his dealings in any capacity (official or unofficial) with any Euratom institution or installation or with any Euratom joint enterprise;
has occasion to acquire, or obtain cognisance of, any classified information, he shall be guilty of a misdemeanour if, knowing or having reason to be believe that it is classified information, he communicates it to any unauthorised person or makes any public disclosure of it, whether in the United Kingdom or elsewhere and whether before or after the termination of those duties or dealings; and for this purpose “classified information” means any facts, information, knowledge, documents or objects that are subject to the security rules of a member State or of any Euratom institution. This subsection shall be construed, and the Official Secrets Acts 1911 to 1939 shall have effect, as if this subsection were contained in the Official Secrets Act 1911, but so that in that Act sections 10 and 11, except section 10(4), shall not apply. 3. This section shall not come into force until the entry date.
12. F-URNISHING OF INFORMATION TO EU
Estimates, returns and information that may under section 9 of the Statistics of Trade Act 1947 or section 3 of the Agricultural Statistics Act 1979 be disclosed to a government department, the Scottish Ministers or Minister in charge of a government department may, in like manner, be disclosed in pursuance of an EU obligation to an EU institution. [Schedules omitted due to length - full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/1972/68/schedules]SENIOR COURTS ACT 1981
PREAMBLE
An Act to consolidate with amendments the Supreme Court of Judicature (Consolidation) Act 1925 and other enactments relating to the Senior Courts 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]PART I. CONSTITUTION OF SENIOR COURTS
SUBHEADING 1. THE SENIOR COURTS
1. T-HE SENIOR COURTS
1. The Senior Courts 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. 2. The Lord Chancellor shall be president of the Senior Courts.SUBHEADING 2. THE COURT OF APPEAL
2. T-HE COURT OF APPEAL
1. The Court of Appeal shall consist of a.ex-officio judges, andb.ordinary judges, of whom the maximum full-time equivalent number is 38.
2. The following shall be ex-officio judges of the Court of Appeal— a.[repealed]
b.any person who was Lord Chancellor before 12 June 2003;
c.any judge of the Supreme Court who at the date of his appointment was, or was qualified for appointment as, an ordinary judge of the Court of Appeal or held an office 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;
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 he consents to do so. 2A. The Lord Chief Justice may nominate a judicial office holder (as defined 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. 3. An ordinary judge of the Court of Appeal (including the vice-president, if any, of either division) shall be styled “Lord Justice of Appeal” or “Lady Justice of Appeal”. 4. Her Majesty may by Order in Council from time to time amend subsection (1) so as to increase or further increase the maximum full-time equivalent 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). 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 Court of Appeal shall be taken to be duly constituted notwithstanding any vacancy in the office of 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. 7. For the purposes of this section the full-time equivalent number of ordinary judges is to be calculated by taking the number of full-time ordinary judges and adding, for each ordinary judge who is not a full-time ordinary judge, such fraction as is reasonable.
3. D-IVISIONS 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 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-officio 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 office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).SUBHEADING 3. THE HIGH COURT
4. T-HE HIGH COURT
1. The High Court shall consist of a.[repealed]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;
dd.the Senior Presiding Judge
ddd.the vice-president of the Queen’s Bench Division; and
e.the puisne judges of that court, of whom the maximum full-time equivalent number is 108.
2. The puisne judges of the High Court shall be styled “Justices of the High Court”. 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 full-time equivalent 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). 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 office of Lord Chief Justice, President of the Queen's Bench Division, President of the Family Division, Chancellor of the High Courtor Senior Presiding Judge and whether or not an appointment has been made to the office of vice-president of the Queen’s Bench Division. 7. For the purposes of this section the full-time equivalent number of puisne judges is to be calculated by taking the number of full-time puisne judges and adding, for each puisne judge who is not a full-time puisne judge, such fraction as is reasonable.
5. D-IVISIONS OF HIGH COURT
1. There shall be three divisions of the High Court namely— a.the Chancery Division, consisting of the Chancellor of the High Court, who shall be president thereof, the Vice-Chancellor, who shall be vice-president thereof, and such of the puisne judges as are for the time being attached thereto in accordance with this section;b.the Queen’s Bench Division, consisting of the Lord Chief Justice, the President of the Queen's Bench Division, the vice-president of the Queen’s Bench Division and such of the puisne judges as are for the time being so attached thereto; and
c.the Family Division, consisting of the President of the Family Division and such of the puisne judges as are for the time being so attached thereto.
2. The puisne judges of the High Court shall be attached to the various Divisions by direction given by the Lord Chief Justice after consulting the Lord Chancellor; and any such judge may with his consent be transferred from one Division to another by direction given by the Lord Chief Justice after consulting the Lord Chancellor, but shall be so transferred only with the concurrence of the senior judge of the Division from which it is proposed to transfer him. 3. Any judge attached to any Division may act as an additional judge of any other Division at the request of the Lord Chief Justice made with the concurrence of both of the following— a.the senior judge of the Division to which the judge is attached;
b.the senior judge of the Division of which the judge is to act as an additional judge.
4. Nothing in this section shall be taken to prevent a judge of any Division (whether nominated under section 6(2) or not) from sitting, whenever required, in a divisional court of another Division or for any judge of another Division. 5. Without prejudice to the provisions of this Act relating to the distribution of business in the High Court, all jurisdiction vested in the High Court under this Act shall belong to all the Divisions alike. 6. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).
6. T-HE PATENTS, ADMIRALTY AND COMMERCIAL COURTS
1. There shall be— a.as part of the Chancery Division, a Patents Court; andb.as parts of the Queen’s Bench Division, an Admiralty Court and a Commercial Court.
2. The judges of the Patents Court, of the Admiralty Court and of the Commercial Court shall be such of the puisne judges of the High Court as the Lord Chief Justice may, after consulting the Lord Chancellor, from time to time nominate to be judges of the Patents Court, Admiralty Judges and Commercial Judges respectively. 3. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).
7. P-OWER TO ALTER DIVISIONS OR TRANSFER CERTAIN COURTS TO DIFFERENT DIVISIONS
1. Her Majesty may from time to time, on a recommendation of the Lord Chancellor and the judges mentioned in subsection (2), by Order in Council direct that— a.any increase or reduction in the number of Divisions of the High Court; orb.the transfer of any of the courts mentioned in section 6(1) to a different Division,
be carried into effect in pursuance of the recommendation. 2. Those judges are the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court 3. An Order in Council under this section may include such incidental, supplementary or consequential provisions as appear to Her Majesty necessary or expedient, including amendments of provisions referring to particular Divisions contained in this Act or any other statutory provision. 4. Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
SUBHEADING 4. THE CROWN COURT
8. T-HE CROWN COURT
1. The jurisdiction of the Crown Court shall be exercisable by— a.any judge of the High Court; orb.any Circuit judge , Recorder, qualifying judge advocate or District Judge (Magistrates' Courts); or
c.subject to and in accordance with the provisions of sections 74 and 75(2), a judge of the High Court, Circuit judge or Recorder or qualifying judge advocate sitting with not more than four justices of the peace,
and any such persons when exercising the jurisdiction of the Crown Court shall be judges of the Crown Court. 1A. The jurisdiction of the Crown Court exercisable by a qualifying judge advocate by virtue of subsection (1) is the jurisdiction of the Court in relation to any criminal cause or matter other than an appeal from a youth court. 2. A justice of the peace is not disqualified from acting as a judge of the Crown Court merely because the proceedings are not at a place within the local justice area to which he is assigned or because the proceedings are not related to that area in any other way. 3. When the Crown Court sits in the City of London it shall be known as the Central Criminal Court; and the Lord Mayor of the City and any Alderman of the City shall be entitled to sit as judges of the Central Criminal Court with any judge of the High Court , Circuit judge, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts). 4. Subsection (1A) does not affect the jurisdiction of the Crown Court exercisable by a person who holds an office mentioned in subsection (1)(a) or (b) where that person is also a qualifying judge advocate.
SUBHEADING 5. OTHER PROVISIONS
9. A-SSISTANCE FOR TRANSACTION OF JUDICIAL BUSINESS
1. A person within any entry in column 1 of the following Table may subject to the provision at the end of that Table at any time, at the request of the appropriate authority, act— a.as a judge of a relevant court specified in the request; orb.if the request relates to a particular division of a relevant court so specified, as a judge of that court in that division.
TABLE
Key: Column 1 = Judge or ex-judge; Column 2 = Where competent to act on requestROW 1
COLUMN 1
A judge of the Court of Appeal.COLUMN 2
The High Court and the Crown Court.ROW 2
COLUMN 1
A person who has been a judge of the Court of Appeal.COLUMN 2
The Court of Appeal, the High Court, the family court, the county court and the Crown Court.ROW 3
COLUMN 1
A puisne judge of the High Court.COLUMN 2
The Court of Appeal.ROW 4
COLUMN 1
A person who has been a puisne judge of the High Court.COLUMN 2
The Court of Appeal, the High Court, the family court, the county court and the Crown Court.ROW 4A
COLUMN 1
The Senior President of Tribunals.COLUMN 2
The Court of Appeal and the High Court.ROW 5
COLUMN 1
A Circuit judge.COLUMN 2
The High Court and the Court of Appeal.ROW 6
COLUMN 1
A Recorder or a person within subsection (1ZB).COLUMN 2
The High Court. The entry in column 2 specifying the Court of Appeal in relation to a Circuit judge only authorises such a judge to act as a judge of a court in the criminal division of the Court of Appeal. 1ZA. The Senior President of Tribunals is to be treated as not being within any entry in column 1 of the Table other than entry 4A. 1ZB. A person is within this subsection if the person— a.is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,b.is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,
c.is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),
d.is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act), or
e.is the President of Employment Tribunals (England and Wales) or the President of Employment Tribunals (Scotland).
1A. A person shall not act as a judge by virtue of subsection (1) after the day on which he attains the age of 75. 2. In subsection (1)— “the appropriate authority” means—
a.the Lord Chief Justice or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him to exercise his functions under this section, or
b.at any time when the Lord Chief Justice or the nominated judicial office holder is unable to make such a request himself, or there is a vacancy in the office of Lord Chief Justice, the Master of the Rolls;
“relevant court”, in the case of a person within any entry in column 1 of the Table, means a court specified in relation to that entry in column 2 of the Table.
2A. The power of the appropriate authority to make a request under subsection (1) is subject to subsections (2B) to (2D). 2B. In the case of a request to a person within entry 1, 3, 4A, 5 or 6 in column 1 of the Table, the appropriate authority may make the request only after consulting the Lord Chancellor. 2C. In any other case the appropriate authority may make a request only with the concurrence of the Lord Chancellor. 2CA. In the case of a request to a person within entry 5 or 6 in column 1 of the Table to act as a judge of the High Court, the appropriate authority may make the request only if the person is a member of the pool for requests under subsection (1) to persons within that entry. 2D. In the case of a request to a Circuit judge to act as a judge of the Court of Appeal, the appropriate authority may make the request only with the concurrence of the Judicial Appointments Commission. 3. The person to whom a request is made under subsection (1) must comply with the request, but this does not apply to— a.a request made to a person who has been a judge of the Court of Appeal,
b.a request made to a person who has been a puisne judge of the High Court and is not a judge of the Court of Appeal, or
c.a request made to the Senior President of Tribunals if the holder of that office is a judge of the Court of Session or of the High Court, or Court of Appeal, in Northern Ireland.
it shall be the duty of the person to whom the request is made to comply with it. 4. Without prejudice to section 24 of the Courts Act 1971 (temporary appointment of deputy Circuit judges), if it appears to the Lord Chief Justice, after consulting the Lord Chancellor,that it is expedient as a temporary measure to make an appointment under this subsection in order to facilitate the disposal of business in the High Court or the Crown Court or any other court or tribunal to which persons appointed under this subsection may be deployed, he may appoint a person qualified for appointment as a puisne judge of the High Court to be a deputy judge of the High Court during such period or on such occasions as the Lord Chief Justice may, after consulting the Lord Chancellor, think fit; and during the period or on the occasions for which a person is appointed as a deputy judge under this subsection, he may act as a puisne judge of the High Court. 4A. No appointment of a person as a deputy judge of the High Court shall be such as to extend beyond the day on which he attains the age of 70, but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75). 5. Every person while acting under this section shall, subject to subsections (6) and (6A), be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the court in which he is acting. 6. A person shall not by virtue of subsection (5)— a.be treated as a judge of the court in which he is acting for the purposes of section 98(2) or of any statutory provision relating to—
i.the appointment, retirement, removal or disqualification of judges of that court;
ii.the tenure of office and oaths to be taken by such judges; or
iii.the remuneration, allowances or pensions of such judges; or
b.subject to section 27 of the Judicial Pensions and Retirement Act 1993, be treated as having been a judge of a court in which he has acted only under this section.
6A. A Circuit judge or Recorder or person within subsection (1ZB) shall not by virtue of subsection (5) exercise any of the powers conferred on a single judge by sections 31 , 31B, 31C and 44 of the Criminal Appeal Act 1968 (powers of single judge in connection with appeals to the Court of Appeal and appeals from the Court of Appeal to the Senior Courts). 7. [Repealed] 8. Such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine may be paid out of money provided by Parliament— a.to any person who has been—
i.a judge of the Supreme Court; or
ii.a judge of the Court of Appeal; or
iii.a judge of the High Court,
and is by virtue of subsection (1) acting as mentioned in that subsection;
b.to any deputy judge of the High Court appointed under subsection (4).
8A. A person may be removed from office as a deputy judge of the High Court— a.only by the Lord Chancellor with the agreement of the Lord Chief Justice, and
b.only on—
i.the ground of inability or misbehaviour, or
ii.a ground specified in the person's terms of appointment.
8B. Subject to the preceding provisions of this section, a person appointed under subsection (4) is to hold and vacate office as a deputy judge of the High Court in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine. 9. The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under this section.
10. A-PPOINTMENT OF JUDGES OF SENIOR COURTS
1. Whenever the office of 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 is vacant, Her Majesty may , on the recommendation of the Lord Chancellor, by letters patent appoint a qualified person to that office. 2. Subject to the limits on full-time equivalent numbers for the time being imposed by sections 2(1) and 4(1), Her Majesty may , on the recommendation of the Lord Chancellor, from time to time by letters patent appoint qualified persons as Lords Justices of Appeal or as puisne judges of the High Court. 3. No person shall be qualified for appointment— a.as 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, unless he is qualified for appointment as a Lord Justice of Appeal or is a judge of the Court of Appeal;b.as a Lord Justice of Appeal, unless—
i.he satisfies the judicial-appointment eligibility condition on a 7-year basis; or
ii.he is a judge of the High Court; or
c.as a puisne judge of the High Court, unless—
i.he satisfies the judicial-appointment eligibility condition on a 7-year basis; or
ii.he is a Circuit judge who has held that office for at least 2 years.
4. A person appointed— a.to any of the offices mentioned in subsection (1),
b.as a Lord Justice of Appeal, or
c.as a puisne judge of the High Court,
shall take the required oaths as soon as may be after accepting office. 5. In the case of a person appointed to the office of Lord Chief Justice, the required oaths are to be taken in the presence of all of the following— a.the Master of the Rolls;
b.the President of the Queen's Bench Division;
c.the President of the Family Division;
d.the Chancellor of the High Court.
6. Where subsection (5) applies but there is a vacancy in one or more (but not all) of the offices mentioned in that subsection, the required oaths are to be taken in the presence of the holders of such of the offices as are not vacant. 6A. Where the holder of an office mentioned in subsection (5) is incapable of exercising the functions of the office, the office is to be treated as vacant for the purposes of subsection (6). 7. In the case of a person appointed other than to the office of Lord Chief Justice, the required oaths are to be taken in the presence of— a.the Lord Chief Justice, or
b.a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him for this purpose.
8. In this section “required oaths” means— a.the oath of allegiance, and
b.the judicial oath,
as set out in the Promissory Oaths Act 1868.
11. T-ENURE OF OFFICE OF JUDGES OF SENIOR COURTS
1. This section applies to the office of any judge of the Senior Courts 2. A person appointed to an office to which this section applies shall vacate it on the day on which he attains the age of seventy years unless by virtue of this section he has ceased to hold it before then. 3. A person appointed to an office to which this section applies shall hold that office during good behaviour, subject to a power of removal by Her Majesty on an address presented to Her by both Houses of Parliament. 3A. It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under subsection (3). 4. A person holding an office within section 2(2)(d) to (g) shall vacate that office on becoming a judge of the Supreme Court. 5. A Lord Justice of Appeal shall vacate that office on becoming an ex-officio judge of the Court of Appeal. 6. A puisne judge of the High Court shall vacate that office on becoming a judge of the Court of Appeal. 7. A person who holds an office to which this section applies may at any time resign it by giving the Lord Chancellor notice in writing to that effect. 8. The Lord Chancellor, if satisfied by means of a medical certificate that a person holding an office to which this section applies— a.is disabled by permanent infirmity from the performance of the duties of his office; andb.is for the time being incapacitated from resigning his office,
may, subject to subsection (9), by instrument under his hand declare that person’s office to have been vacated; and the instrument shall have the like effect for all purposes as if that person had on the date of the instrument resigned his office. 9. A declaration under subsection (8) with respect to a person shall be of no effect unless it is made— a.in the case of any of the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court, with the concurrence of two others of them;
b.in the case of a Lord Justice of Appeal, with the concurrence of the Master of the Rolls;
c.in the case of a puisne judge of any Division of the High Court, with the concurrence of the senior judge of that Division.
10. [Repealed]
12. S-ALARIES ETC. OF JUDGES OF SENIOR COURTS
1. Subject to subsections (2) and (3), there shall be paid to judges of the Senior Courts such salaries as may be determined by the Lord Chancellor with the concurrence of the Minister for the Civil Service. 2. Until otherwise determined under this section, there shall be paid to the judges mentioned in subsection (1) the same salaries as at the commencement of this Act. 3. Any salary payable under this section may be increased, but not reduced, by a determination or further determination under this section. 4. [Repealed] 5. Salaries payable under this section shall be charged on and paid out of the Consolidated Fund. 6. There shall be paid out of money provided by Parliament to any judge of the Court of Appeal or of the High Court, in addition to his salary, such allowances as may be determined by the Lord Chancellor with the concurrence of the Minister for the Civil Service. 7. Pensions shall be payable to or in respect of the judges mentioned in subsection (1) in accordance with section 2 of the Judicial Pensions Act 1981 or, in the case of a judge who is a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, in accordance with that Act.13. P-RECEDENCE OF JUDGES OF SENIOR COURTS
1. When sitting in the Court of Appeal— a.the Lord Chief Justice and the Master of the Rolls shall rank in that order; andb.judges of the Supreme Court and persons who have been Lord Chancellor shall rank next after the Master of the Rolls and, among themselves, according to the priority of the dates on which they respectively became judges of the Supreme Court or Lord Chancellor, as the case may be.
2. Subject to subsection (1)(b), the President of the Queen's Bench Division shall rank next after the Master of the Rolls. 2A. The President of the Family Division shall rank next after the President of the Queen's Bench Division. 3. The Chancellor of the High Court shall rank next after the President of the Family Division. 4. The vice-president or vice-presidents of the divisions of the Court of Appeal shall rank next after the Chancellor of the High Court; and if there are two vice-presidents of those divisions, they shall rank, among themselves, according to the priority of the dates on which they respectively became vice-presidents. 5. The Lords Justices of Appeal (other than the vice-president or vice-presidents of the divisions of the Court of Appeal) shall rank after the ex-officio judges of the Court of Appeal and, among themselves, according to the priority of the dates on which they respectively became judges of that court. 6. The puisne judges of the High Court shall rank next after the judges of the Court of Appeal and, among themselves, according to the priority of the dates on which they respectively became judges of the High Court.
14. P-OWER OF JUDGE OF SENIOR COURTS OR CROWN COURT TO ACT IN CASES RELATING TO RATES AND TAXES
1. A judge of the Senior Courts or of the Crown Court shall not be incapable of acting as such in any proceedings by reason of being, as one of a class of ratepayers, taxpayers or persons of any other description, liable in common with others to pay, or contribute to, or benefit from, any rate or tax which may be increased, reduced or in any way affected by those proceedings. 2. In this section “rate or tax” means any rate, tax, duty or liability, whether public, general or local, and includes— a.any fund formed from the proceeds of any such rate, tax, duty or liability; andb.any fund applicable for purposes the same as, or similar to, those for which the proceeds of any such rate, tax, duty or liability are or might be applied.
PART II. JURISDICTION
HEADING 1. THE COURT OF APPEAL
15. G-ENERAL JURISDICTION OF COURT OF APPEAL
1. The Court of Appeal shall be a superior court of record. 2. Subject to the provisions of this Act, there shall be exercisable by the Court of Appeal— a.all such jurisdiction (whether civil or criminal) as is conferred on it by this or any other Act; andb.all such other jurisdiction (whether civil or criminal) as was exercisable by it immediately before the commencement of this Act.
3. For all purposes of or incidental to— a.the hearing and determination of any appeal to the civil division of the Court of Appeal; and
b.the amendment, execution and enforcement of any judgment or order made on such an appeal,
the Court of Appeal shall have all the authority and jurisdiction of the court or tribunal from which the appeal was brought. 4. It is hereby declared that any provision in this or any other Act which authorises or requires the taking of any steps for the execution or enforcement of a judgment or order of the High Court applies in relation to a judgment or order of the civil division of the Court of Appeal as it applies in relation to a judgment or order of the High Court.
16. A-PPEALS FROM HIGH COURT
1. Subject as otherwise provided by this or any other Act (and in particular to the provision in section 13(2)(a) of the Administration of Justice Act 1969 excluding appeals to the Court of Appeal in cases where leave to appeal from the High Court directly to the Senior Courts is granted under Part II of that Act), or as provided by any order made by the Lord Chancellor under section 56(1) of the Access to Justice Act 1999, the Court of Appeal shall have jurisdiction to hear and determine appeals from any judgment or order of the High Court. 2. An appeal from a judgment or order of the High Court when acting as a prize court shall not be to the Court of Appeal, but shall be to Her Majesty in Council in accordance with the Prize Acts 1864 to 1944.17. A-PPLICATIONS FOR NEW TRIAL
1. Where any cause or matter, or any issue in any cause or matter, has been tried in the High Court, any application for a new trial thereof, or to set aside a verdict, finding or judgment therein, shall be heard and determined by the Court of Appeal except where rules of court made in pursuance of subsection (2) provide otherwise. 2. As regards cases where the trial was by a judge alone and no error of the court at the trial is alleged, or any prescribed class of such cases, rules of court may provide that any such application as is mentioned in subsection (1) shall be heard and determined by the High Court. 3. Nothing in this section shall alter the practice in bankruptcy.18. R-ESTRICTIONS ON APPEALS TO COURT OF APPEAL
1. No appeal shall lie to the Court of Appeal— a.except as provided by the Administration of Justice Act 1960, from any judgment of the High Court in any criminal cause or matter;b.from any order of the High Court or any other court or tribunal allowing an extension of time for appealing from a judgment or order;
c.from any order, judgment or decision of the High Court or any other court or tribunal which, by virtue of any provision (however expressed) of this or any other Act, is final;
d.from a decree absolute of divorce or nullity of marriage, by a party who, having had time and opportunity to appeal from the decree nisi on which that decree was founded, has not appealed from the decree nisi;
e.[Repealed]
f.[Repealed]
fa.from a dissolution order, nullity order or presumption of death order under Chapter 2 of Part 2 of the Civil Partnership Act 2004 that has been made final, by a party who, having had time and opportunity to appeal from the conditional order on which that final order was founded, has not appealed from the conditional order;
g.except as provided by Part I of the Arbitration Act 1996, from any decision of the High Court under that Part;
h.[Repealed]
1A. [Repealed] 1B. [Repealed] 2. [Repealed]
HEADING 2. THE HIGH COURT
SUBHEADING 1. GENERAL JURISDICTION
19. G-ENERAL JURISDICTION OF HIGH COURT
1. The High Court shall be a superior court of record. 2. Subject to the provisions of this Act, there shall be exercisable by the High Court— a.all such jurisdiction (whether civil or criminal) as is conferred on it by this or any other Act; andb.all such other jurisdiction (whether civil or criminal) as was exercisable by it immediately before the commencement of this Act (including jurisdiction conferred on a judge of the High Court by any statutory provision).
3. Any jurisdiction of the High Court shall be exercised only by a single judge of that court, except in so far as it is— a.by or by virtue of rules of court or any other statutory provision required to be exercised by a divisional court; or
b.by rules of court made exercisable by a master, registrar or other officer of the court, or by any other person.
4. The specific mention elsewhere in this Act of any jurisdiction covered by subsection (2) shall not derogate from the generality of that subsection.
SUBHEADING 2. ADMIRALTY JURISDICTION
20. A-DMIRALTY JURISDICTION OF HIGH COURT
1. The Admiralty jurisdiction of the High Court shall be as follows, that is to say— a.jurisdiction to hear and determine any of the questions and claims mentioned in subsection (2);b.jurisdiction in relation to any of the proceedings mentioned in subsection (3);
c.any other Admiralty jurisdiction which it had immediately before the commencement of this Act; and
d.any jurisdiction connected with ships or aircraft which is vested in the High Court apart from this section and is for the time being by rules of court made or coming into force after the commencement of this Act assigned to the Queen’s Bench Division and directed by the rules to be exercised by the Admiralty Court.
2. The questions and claims referred to in subsection (1)(a) are— a.any claim to the possession or ownership of a ship or to the ownership of any share therein;
b.any question arising between the co-owners of a ship as to possession, employment or earnings of that ship;
c.any claim in respect of a mortgage of or charge on a ship or any share therein;
d.any claim for damage received by a ship;
e.any claim for damage done by a ship;
f.any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or in consequence of the wrongful act, neglect or default of—
i.the owners, charterers or persons in possession or control of a ship; or
ii.the master or crew of a ship, or any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible,
being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship, or in the embarkation, carriage or disembarkation of persons on, in or from the ship;
g.any claim for loss of or damage to goods carried in a ship;
h.any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;
j.any claim—
i.under the Salvage Convention 1989;
ii.under any contract for or in relation to salvage services; or
iii.in the nature of salvage not falling within (i) or (ii) above;
or any corresponding claim in connection with an aircraft;
k.any claim in the nature of towage in respect of a ship or an aircraft;
l.any claim in the nature of pilotage in respect of a ship or an aircraft;
m.any claim in respect of goods or materials supplied to a ship for her operation or maintenance;
n.any claim in respect of the construction, repair or equipment of a ship or in respect of dock charges or dues;
o.any claim by a master or member of the crew of a ship for wages (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages);
p.any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship;
q.any claim arising out of an act which is or is claimed to be a general average act;
r.any claim arising out of bottomry;
s.any claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure, or for droits of Admiralty.
3. The proceedings referred to in subsection (1)(b) are— a.any application to the High Court under the Merchant Shipping Acts 1894 to 1979 other than an application under the Merchant Shipping Act 1995;
b.any action to enforce a claim for damage, loss of life or personal injury arising out of—
i.a collision between ships; or
ii.the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships; or
iii.non-compliance, on the part of one or more of two or more ships, with the collision regulations;
c.any action by shipowners or other persons under the Merchant Shipping Act 1995 for the limitation of the amount of their liability in connection with a ship or other property.
4. The jurisdiction of the High Court under subsection (2)(b) includes power to settle any account outstanding and unsettled between the parties in relation to the ship, and to direct that the ship, or any share thereof, shall be sold, and to make such other order as the court thinks fit. 5. Subsection (2)(e) extends to— a.any claim in respect of a liability incurred under the Chapter III of Part VI of the Merchant Shipping Act 1995; and
b.any claim in respect of a liability falling on the International Oil Pollution Compensation Fund, or on the International Oil Compensation Fund 1984, under Chapter IV of Part VI of the Merchant Shipping Act 1995,or on the International Oil Pollution Compensation Supplementary Fund 2003.
6. In subsection (2)(j)— a.the “Salvage Convention 1989” means the International Convention on Salvage, 1989 as it has effect under section 224 of the Merchant Shipping Act 1995;
b.the reference to salvage services includes services rendered in saving life from a ship and the reference to any claim under any contract for or in relation to salvage services includes any claim arising out of such a contract whether or not arising during the provision of the services;
c.the reference to a corresponding claim in connection with an aircraft is a reference to any claim corresponding to any claim mentioned in sub-paragraph (i) or (ii) of paragraph (j) which is available under section 87 of the Civil Aviation Act 1982.
7. The preceding provisions of this section apply— a.in relation to all ships or aircraft, whether British or not and whether registered or not and wherever the residence or domicile of their owners may be;
b.in relation to all claims, wherever arising (including, in the case of cargo or wreck salvage, claims in respect of cargo or wreck found on land); and
c.so far as they relate to mortgages and charges, to all mortgages or charges, whether registered or not and whether legal or equitable, including mortgages and charges created under foreign law:
Provided that nothing in this subsection shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the Merchant Shipping Act 1995.
21. M-ODE OF EXERCISE OF ADMIRALTY JURISDICTION
1. Subject to section 22, an action in personam may be brought in the High Court in all cases within the Admiralty jurisdiction of that court. 2. In the case of any such claim as is mentioned in section 20(2)(a), (c) or (s) or any such question as is mentioned in section 20(2)(b), an action in rem may be brought in the High Court against the ship or property in connection with which the claim or question arises. 3. In any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, an action in rem may be brought in the High Court against that ship, aircraft or property. 4. In the case of any such claim as is mentioned in section 20(2)(e) to (r), where— a.the claim arises in connection with a ship; andb.the person who would be liable on the claim in an action in personam (“the relevant person”) was, when the cause of action arose, the owner or charterer of, or in possession or in control of, the ship,
an action in rem may (whether or not the claim gives rise to a maritime lien on that ship) be brought in the High Court against— i.that ship, if at the time when the action is brought the relevant person is either the beneficial owner of that ship as respects all the shares in it or the charterer of it under a charter by demise; or
ii.any other ship of which, at the time when the action is brought, the relevant person is the beneficial owner as respects all the shares in it.
5. In the case of a claim in the nature of towage or pilotage in respect of an aircraft, an action in rem may be brought in the High Court against that aircraft if, at the time when the action is brought, it is beneficially owned by the person who would be liable on the claim in an action in personam. 6. Where, in the exercise of its Admiralty jurisdiction, the High Court orders any ship, aircraft or other property to be sold, the court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale. 7. In determining for the purposes of subsections (4) and (5) whether a person would be liable on a claim in an action in personam it shall be assumed that he has his habitual residence or a place of business within England or Wales. 8. Where, as regards any such claim as is mentioned in section 20(2)(e) to (r), a ship has been served with a writ or arrested in an action in rem brought to enforce that claim, no other ship may be served with a writ or arrested in that or any other action in rem brought to enforce that claim; but this subsection does not prevent the issue, in respect of any one such claim, of a writ naming more than one ship or of two or more writs each naming a different ship.
22. R-ESTRICTIONS ON ENTERTAINMENT OF ACTIONS IN PERSONAM IN COLLISION AND OTHER SIMILAR CASES
1. This section applies to any claim for damage, loss of life or personal injury arising out of— a.a collision between ships; orb.the carrying out of, or omission to carry out, a manoeuvre in the case of one or more of two or more ships; or
c.non-compliance, on the part of one or more of two or more ships, with the collision regulations.
2. The High Court shall not entertain any action in personam to enforce a claim to which this section applies unless— a.the defendant has his habitual residence or a place of business within England or Wales; or
b.the cause of action arose within inland waters of England or Wales or within the limits of a port of England or Wales; or
c.an action arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court.
In this subsection— inland waters" includes any part of the sea adjacent to the coast of the United Kingdom certified by the Secretary of State to be waters falling by international law to be treated as within the territorial sovereignty of Her Majesty apart from the operation of that law in relation to territorial waters;
"port" means any port, harbour, river, estuary, haven, dock, canal or other place so long as a person or body of persons is empowered by or under an Act to make charges in respect of ships entering it or using the facilities therein, and “limits of a port” means the limits thereof as fixed by or under the Act in question or, as the case may be, by the relevant charter or custom;
"charges" means any charges with the exception of light dues, local light dues and any other charges in respect of lighthouses, buoys or beacons and of charges in respect of pilotage.
3. The High Court shall not entertain any action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside England and Wales against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end. 4. Subsections (2) and (3) shall apply to counterclaims (except counterclaims in proceedings arising out of the same incident or series of incidents) as they apply to actions, the references to the plaintiff and the defendant being for this purpose read as references to the plaintiff on the counterclaim and the defendant to the counterclaim respectively. 5. Subsections (2) and (3) shall not apply to any action or counterclaim if the defendant thereto submits or has agreed to submit to the jurisdiction of the court. 6. Subject to the provisions of subsection (3), the High Court shall have jurisdiction to entertain an action in personam to enforce a claim to which this section applies whenever any of the conditions specified in subsection (2)(a) to (c) is satisfied, and the rules of court relating to the service of process outside the jurisdiction shall make such provision as may appear to the rule-making authority to be appropriate having regard to the provisions of this subsection. 7. Nothing in this section shall prevent an action which is brought in accordance with the provisions of this section in the High Court being transferred, in accordance with the enactments in that behalf, to some other court. 8. For the avoidance of doubt it is hereby declared that this section applies in relation to the jurisdiction of the High Court not being Admiralty jurisdiction, as well as in relation to its Admiralty jurisdiction. 23. HIGH COURT NOT TO HAVE JURISDICTION IN CASES WITHIN RHINE CONVENTION
The High Court shall not have jurisdiction to determine any claim or question certified by the Secretary of State to be a claim or question which, under the Rhine Navigation Convention, falls to be determined in accordance with the provisions of that Convention; and any proceedings to enforce such a claim which are commenced in the High Court shall be set aside. 24. SUPPLEMENTARY PROVISIONS AS TO ADMIRALTY JURISDICTION
1. In sections 20 to 23 and this section, unless the context otherwise requires— “collision regulations” means safety regulations under section 85 of the Merchant Shipping Act 1995;
“goods” includes baggage;
“master” has the same meaning as in the Merchant Shipping Act 1995, and accordingly includes every person (except a pilot) having command or charge of a ship;
“the Rhine Navigation Convention” means the Convention of the 7th October 1868 as revised by any subsequent Convention;
“ship” includes any description of vessel used in navigation and (except in the definition of “port” in section 22(2) and in subsection (2)(c) of this section) includes, subject to section 2(3) of the Hovercraft Act 1968, a hovercraft;
“towage” and “pilotage”, in relation to an aircraft, mean towage and pilotage while the aircraft is water-borne.
2. Nothing in sections 20 to 23 shall— a.be construed as limiting the jurisdiction of the High Court to refuse to entertain an action for wages by the master or a member of the crew of a ship, not being a British ship;
b.affect the provisions of section 226 of the Merchant Shipping Act 1995 (power of a receiver of wreck to detain a ship in respect of a salvage claim); or
c.authorise proceedings in rem in respect of any claim against the Crown, or the arrest, detention or sale of any of Her Majesty’s ships or Her Majesty’s aircraft, or, subject to section 2(3) of the Hovercraft Act 1968, Her Majesty’s hovercraft, or of any cargo or other property belonging to the Crown.
3. In this section— “Her Majesty’s ships” and “Her Majesty’s aircraft” have the meanings given by section 38(2) of the Crown Proceedings Act 1947;
“Her Majesty’s hovercraft” means hovercraft belonging to the Crown in right of Her Majesty’s Government in the United Kingdom or Her Majesty’s Government in Northern Ireland.
SUBHEADING 3. OTHER PARTICULAR FIELDS OF JURISDICTION
25. PROBATE JURISDICTION OF HIGH COURT
1. Subject to the provisions of Part V, the High Court shall, in accordance with section 19(2), have the following probate jurisdiction, that is to say all such jurisdiction in relation to probates and letters of administration as it had immediately before the commencement of this Act, and in particular all such contentious and non-contentious jurisdiction as it then had in relation to—
a.testamentary causes or matters;b.the grant, amendment or revocation of probates and letters of administration; and
c.the real and personal estate of deceased persons.
2. Subject to the provisions of Part V, the High Court shall, in the exercise of its probate jurisdiction, perform all such duties with respect to the estates of deceased persons as fell to be performed by it immediately before the commencement of this Act. 26. MATRIMONIAL JURISDICTION OF HIGH COURT
The High Court shall, in accordance with section 19(2), have all such jurisdiction in relation to matrimonial causes and matters as was immediately before the commencement of the Matrimonial Causes Act 1857 vested in or exercisable by any ecclesiastical court or person in England or Wales in respect of— a.divorce a mensa et thoro (renamed judicial separation by that Act);
b.nullity of marriage; and
c.any matrimonial cause or matter except marriage licences.
27. PRIZE JURISDICTION OF HIGH COURT
The High Court shall, in accordance with section 19(2), have as a prize court— a.all such jurisdiction as is conferred on it by the Prize Acts 1864 to 1944 (in which references to the High Court of Admiralty are by virtue of paragraph 1 of Schedule 4 to this Act to be construed as references to the High Court); and
b.all such other jurisdiction on the high seas and elsewhere as it had as a prize court immediately before the commencement of this Act.
28. APPEALS FROM CROWN COURT AND INFERIOR COURTS
1. Subject to subsection (2), any order, judgment or other decision of the Crown Court may be questioned by any party to the proceedings, on the ground that it is wrong in law or is in excess of jurisdiction, by applying to the Crown Court to have a case stated by that court for the opinion of the High Court. 2. Subsection (1) shall not apply to— a.a judgment or other decision of the Crown Court relating to trial on indictment; or
b.any decision of that court under the Local Government (Miscellaneous Provisions) Act 1982 which, by any provision of any of those Acts, is to be final.
3. Subject to the provisions of this Act and to rules of court, the High Court shall, in accordance with section 19(2), have jurisdiction to hear and determine— a.any application, or any appeal (whether by way of case stated or otherwise), which it has power to hear and determine under or by virtue of this or any other Act; and
b.all such other appeals as it had jurisdiction to hear and determine immediately before the commencement of this Act.
4. In subsection (2)(a) the reference to a decision of the Crown Court relating to trial on indictment does not include a decision relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. 28A. PROCEEDINGS ON CASE STATED BY MAGISTRATES’ COURT OR CROWN COURT
1. This section applies where a case is stated for the opinion of the High Court— a.by a magistrates’ court under section 111 of the Magistrates’ Courts Act 1980; or
b.by the Crown Court under section 28(1) of this Act.
2. The High Court may, if it thinks fit, cause the case to be sent back for amendment and, where it does so, the case shall be amended accordingly. 3. The High Court shall hear and determine the question arising on the case (or the case as amended) and shall— a.reverse, affirm or amend the determination in respect of which the case has been stated; or
b.remit the matter to the magistrates’ court, or the Crown Court, with the opinion of the High Court,
and may make such other order in relation to the matter (including as to costs) as it thinks fit. 4. Except as provided by the Administration of Justice Act 1960 (right of appeal to Senior Courts in criminal cases), a decision of the High Court under this section is final. 29. MANDATORY, PROHIBITING AND QUASHING ORDERS
1. The orders of mandamus, prohibition and certiorari shall be known instead as mandatory, prohibiting and quashing orders respectively. 1A. The High Court shall have jurisdiction to make mandatory, prohibiting and quashing orders in those classes of case in which, immediately before 1st May 2004, it had jurisdiction to make orders of mandamus, prohibition and certiorari respectively. 2. Every such order shall be final, subject to any right of appeal therefrom. 3. In relation to the jurisdiction of the Crown Court, other than its jurisdiction in matters relating to trial on indictment, the High Court shall have all such jurisdiction to make mandatory, prohibiting or quashing orders as the High Court possesses in relation to the jurisdiction of an inferior court. 3A. The High Court shall have no jurisdiction to make mandatory, prohibiting or quashing orders in relation to the jurisdiction of the Court Martial in matters relating to- a.trial by the Court Martial for an offence; or
b.appeals from the Service Civilian Court.
4. The power of the High Court under any enactment to require justices of the peace or a judge or officer of the county court to do any act relating to the duties of their respective offices, or to require a magistrates’ court to state a case for the opinion of the High Court, in any case where the High Court formerly had by virtue of any enactment jurisdiction to make a rule absolute, or an order, for any of those purposes, shall be exercisable by mandatory order. 5. In any statutory provision- a.references to mandamus or to a writ or order of mandamus shall be read as references to a mandatory order;
b.references to prohibition or to a writ or order of prohibition shall be read as references to a prohibiting order;
c.references to certiorari or to a writ or order of certiorari shall be read as references to a quashing order; and
d.references to the issue or award of a writ of mandamus, prohibition or certiorari shall be read as references to the making of the corresponding mandatory, prohibiting or quashing order.
6. In subsection (3) the reference to the Crown Court’s jurisdiction in matters relating to trial on indictment does not include its jurisdiction relating to requirements to make payments under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. 30. INJUNCTIONS TO RESTRAIN PERSONS FROM ACTING IN OFFICES IN WHICH THEY ARE NOT ENTITLED TO ACT
1. Where a person not entitled to do so acts in an office to which this section applies, the High Court may— a.grant an injunction restraining him from so acting; and
b.if the case so requires, declare the office to be vacant.
2. This section applies to any substantive office of a public nature and permanent character which is held under the Crown or which has been created by any statutory provision or royal charter. 31. APPLICATION FOR JUDICIAL REVIEW
1. An application to the High Court for one or more of the following forms of relief, namely— a.a mandatory, prohibiting or quashing order;
b.a declaration or injunction under subsection (2); or
c.an injunction under section 30 restraining a person not entitled to do so from acting in an office to which that section applies,
shall be made in accordance with rules of court by a procedure to be known as an application for judicial review. 2. A declaration may be made or an injunction granted under this subsection in any case where an application for judicial review, seeking that relief, has been made and the High Court considers that, having regard to— a.the nature of the matters in respect of which relief may be granted by mandatory, prohibiting or quashing orders;
b.the nature of the persons and bodies against whom relief may be granted by such orders; and
c.all the circumstances of the case,
it would be just and convenient for the declaration to be made or the injunction to be granted, as the case may be. 3. No application for judicial review shall be made unless the leave of the High Court has been obtained in accordance with rules of court; and the court shall not grant leave to make such an application unless it considers that the applicant has a sufficient interest in the matter to which the application relates. 4. On an application for judicial review the High Court may award to the applicant damages, restitution or the recovery of a sum due if— a.the application includes a claim for such an award arising from any matter to which the application relates; and
b.the court is satisfied that such an award would have been made if the claim had been made in an action begun by the applicant at the time of making the application.
5. If, on an application for judicial review, the High Court quashes the decision to which the application relates, it may in addition— a.remit the matter to the court, tribunal or authority which made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the High Court, or
b.substitute its own decision for the decision in question.
5A. But the power conferred by subsection (5)(b) is exercisable only if— a.the decision in question was made by a court or tribunal,
b.the decision is quashed on the ground that there has been an error of law, and
c.without the error, there would have been only one decision which the court or tribunal could have reached.
5B. Unless the High Court otherwise directs, a decision substituted by it under subsection (5)(b) has effect as if it were a decision of the relevant court or tribunal. 6. Where the High Court considers that there has been undue delay in making an application for judicial review, the court may refuse to grant— a.leave for the making of the application; or
b.any relief sought on the application,
if it considers that the granting of the relief sought would be likely to cause substantial hardship to, or substantially prejudice the rights of, any person or would be detrimental to good administration. 7. Subsection (6) is without prejudice to any enactment or rule of court which has the effect of limiting the time within which an application for judicial review may be made. 31A. TRANSFER OF JUDICIAL REVIEW APPLICATIONS TO UPPER TRIBUNAL
1. This section applies where an application is made to the High Court— a.for judicial review, or
b.for permission to apply for judicial review.
2. If Conditions 1, 2, and 3 are met, the High Court must by order transfer the application to the Upper Tribunal. 3. If Conditions 1 and 2 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so. 4. Condition 1 is that the application does not seek anything other than— a.relief under section 31(1)(a) and (b);
b.permission to apply for relief under section 31(1)(a) and (b);
c.an award under section 31(4);
d.interest;
e.costs.
5. Condition 2 is that the application does not call into question anything done by the Crown Court. 6. Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007. SUBHEADING 4. POWERS
32. ORDERS FOR INTERIM PAYMENT
1. As regards proceedings pending in the High Court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to make an order requiring a party to the proceedings to make an interim payment of such amount as may be specified in the order, with provision for the payment to be made to such other party to the proceedings as may be so specified or, if the order so provides, by paying it into court. 2. Any rules of court which make provision in accordance with subsection (1) may include provision for enabling a party to any proceedings who, in pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circumstances, and from such other party to the proceedings, as may be determined in accordance with the rules. 3. Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient. 4. Nothing in this section shall be construed as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs. 5. In this section “interim payment”, in relation to a party to any proceedings, means a payment on account of any damages, debt or other sum (excluding any costs) which that party may be held liable to pay to or for the benefit of another party to the proceedings if a final judgment or order of the court in the proceedings is given or made in favour of that other party. 32A. ORDERS FOR PROVISIONAL DAMAGES FOR PERSONAL INJURIES
1. This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition. 2. Subject to subsection (4) below, as regards any action for damages to which this section applies in which a judgment is given in the High Court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to award the injured person— a.damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and
b.further damages at a future date if he develops the disease or suffers the deterioration.
3. Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient. 4. Nothing in this section shall be construed— a.as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs; or
b.as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.
33. POWERS OF HIGH COURT EXERCISABLE BEFORE COMMENCEMENT OF ACTION
1. On the application of any person in accordance with rules of court, the High Court shall, in such circumstances as may be specified in the rules, have power to make an order providing for any one or more of the following matters, that is to say— a.the inspection, photographing, preservation, custody and detention of property which appears to the court to be property which may become the subject-matter of subsequent proceedings in the High Court, or as to which any question may arise in any such proceedings; and
b.the taking of samples of any such property as is mentioned in paragraph (a), and the carrying out of any experiment on or with any such property.
2. On the application, in accordance with rules of court, of a person who appears to the High Court to be likely to be a party to subsequent proceedings in that court the High Court shall, in such circumstances as may be specified in the rules, have power to order a person who appears to the court to be likely to be a party to the proceedings and to be likely to have or to have had in his possession, custody or power any documents which are relevant to an issue arising or likely to arise out of that claim— a.to disclose whether those documents are in his possession, custody or power; and
b.to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order—
i.to the applicant’s legal advisers; or
ii.to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or
iii.if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.
3. This section applies in relation to the family court as it applies in relation to the High Court. 34. POWER OF HIGH COURT TO ORDER DISCLOSURE OF DOCUMENTS, INSPECTION OF PROPERTY ETC. IN PROCEEDINGS FOR PERSONAL INJURIES OR DEATH
1. [Omitted] 2. On the application, in accordance with rules of court, of a party to any proceedings to which this section applies, the High Court shall, in such circumstances as may be specified in the rules, have power to order a person who is not a party to the proceedings and who appears to the court to be likely to have in his possession, custody or power any documents which are relevant to an issue arising out of the said claim— a.to disclose whether those documents are in his possession, custody or power; and
b.to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order—
i.to the applicant’s legal advisers; or
ii.to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or
iii.if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.
3. On the application, in accordance with rules of court, of a party to any proceedings to which this section applies, the High Court shall, in such circumstances as may be specified in the rules, have power to make an order providing for any one or more of the following matters, that is to say— a.the inspection, photographing, preservation, custody and detention of property which is not the property of, or in the possession of, any party to the proceedings but which is the subject-matter of the proceedings or as to which any question arises in the proceedings;
b.the taking of samples of any such property as is mentioned in paragraph (a) and the carrying out of any experiment on or with any such property.
4. The preceding provisions of this section are without prejudice to the exercise by the High Court of any power to make orders which is exercisable apart from those provisions. 5. Subsections (2) and (3) apply in relation to the family court as they apply in relation to the High Court. 35. PROVISIONS SUPPLEMENTARY TO SS. 33 AND 34
1. A court shall not make an order under section 33 or 34 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest. 2. Rules of court may make provision as to the circumstances in which an order under section 33 or 34 can be made; and any rules making such provision may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient. 3. Without prejudice to the generality of subsection (2), rules of court shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under section 33(2) or 34 incurred by the person against whom the order is sought shall be awarded to that person unless the court otherwise directs. 4. Sections 33(2) and 34 and this section bind the Crown; and section 33(1) binds the Crown so far as it relates to property as to which it appears to the court that it may become the subject-matter of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person’s death. In this subsection references to the Crown do not include references to Her Majesty in Her private capacity or to Her Majesty in right of Her Duchy of Lancaster or to the Duke of Cornwall. 5. In sections 32A, 33 and 34 and this section— “property” includes any land, chattel or other corporeal property of any description;
“personal injuries” includes any disease and any impairment of a person’s physical or mental condition.
35A. POWER OF HIGH COURT TO AWARD INTEREST ON DEBTS AND DAMAGES
1. Subject to rules of court, in proceedings (whenever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and— a.in the case of any sum paid before judgment, the date of the payment; and
b.in the case of the sum for which judgment is given, the date of the judgment.
2. In relation to a judgment given for damages for personal injuries or death which exceed £200 subsection (1) shall have effect— a.with the substitution of “shall be included” for “may be included”; and
b.with the addition of “unless the court is satisfied that there are special reasons to the contrary” after “given”, where first occurring.
3. Subject to rules of court, where— a.there are proceedings (whenever instituted) before the High Court for the recovery of a debt; and
b.the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings),
the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as rules of court may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment. 4. Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs. 5. Without prejudice to the generality of section 84, rules of court may provide for a rate of interest by reference to the rate specified in section 17 of the Judgments Act 1838 as that section has effect from time to time or by reference to a rate for which any other enactment provides. 6. Interest under this section may be calculated at different rates in respect of different periods. 7. In this section “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition. 8. Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange. 36. SUBPOENA ISSUED BY HIGH COURT TO RUN THROUGHOUT UNITED KINGDOM
1. If in any cause or matter in the High Court it appears to the court that it is proper to compel the personal attendance at any trial of a witness who may not be within the jurisdiction of the court, it shall be lawful for the court, if in the discretion of the court it seems fit so to do, to order that a writ of subpoena ad testificandum or writ of subpoena duces tecum shall issue in special form commanding the witness to attend the trial wherever he shall be within the United Kingdom; and the service of any such writ in any part of the United Kingdom shall be as valid and effectual for all purposes as if it had been served within the jurisdiction of the High Court. 2. Every such writ shall have at its foot a statement to the effect that it is issued by the special order of the High Court, and no such writ shall issue without such a special order. 3. If any person served with a writ issued under this section does not appear as required by the writ, the High Court, on proof to the satisfaction of the court of the service of the writ and of the default, may transmit a certificate of the default under the seal of the court or under the hand of a judge of the court— a.if the service was in Scotland, to the Court of Session at Edinburgh; or
b.if the service was in Northern Ireland, to the High Court of Justice in Northern Ireland at Belfast;
and the court to which the certificate is sent shall thereupon proceed against and punish the person in default in like manner as if that person had neglected or refused to appear in obedience to process issued out of that court. 4. No court shall in any case proceed against or punish any person for having made such default as aforesaid unless it is shown to the court that a reasonable and sufficient sum of money to defray a.the expenses of coming and attending to give evidence and of returning from giving evidence; and
b.any other reasonable expenses which he has asked to be defrayed in connection with his evidence,was tendered to him at the time when the writ was served upon him.
5. Nothing in this section shall affect— a.the power of the High Court to issue a commission for the examination of witnesses out of the jurisdiction of the court in any case in which, notwithstanding this section, the court thinks fit to issue such a commission; or
b.the admissibility at any trial of any evidence which, if this section had not been enacted, would have been admissible on the ground of a witness being outside the jurisdiction of the court.
6. In this section references to attendance at a trial include references to attendance before an examiner or commissioner appointed by the High Court in any cause or matter in that court, including an examiner or commissioner appointed to take evidence outside the jurisdiction of the court. 37. POWERS OF HIGH COURT WITH RESPECT TO INJUNCTIONS AND RECEIVERS
1. The High Court may by order (whether interlocutory or final) grant an injunction or appoint a receiver in all cases in which it appears to the court to be just and convenient to do so. 2. Any such order may be made either unconditionally or on such terms and conditions as the court thinks just. 3. The power of the High Court under subsection (1) to grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction of the High Court, or otherwise dealing with, assets located within that jurisdiction shall be exercisable in cases where that party is, as well as in cases where he is not, domiciled, resident or present within that jurisdiction. 4. The power of the High Court to appoint a receiver by way of equitable execution shall operate in relation to all legal estates and interests in land; and that power— a.may be exercised in relation to an estate or interest in land whether or not a charge has been imposed on that land under section 1 of the Charging Orders Act 1979 for the purpose of enforcing the judgment, order or award in question; and
b.shall be in addition to, and not in derogation of, any power of any court to appoint a receiver in proceedings for enforcing such a charge.
5. Where an order under the said section 1 imposing a charge for the purpose of enforcing a judgment, order or award has been, or has effect as if, registered under section 6 of the Land Charges Act 1972, subsection (4) of the said section 6 (effect of non-registration of writs and orders registrable under that section) shall not apply to an order appointing a receiver made either— a.in proceedings for enforcing the charge; or
b.by way of equitable execution of the judgment, order or award or, as the case may be, of so much of it as requires payment of moneys secured by the charge.
6. This section applies in relation to the family court as it applies in relation to the High Court. 38. RELIEF AGAINST FORFEITURE FOR NON-PAYMENT OF RENT
1. In any action in the High Court for the forfeiture of a lease for non-payment of rent, the court shall have power to grant relief against forfeiture in a summary manner, and may do so subject to the same terms and conditions as to the payment of rent, costs or otherwise as could have been imposed by it in such an action immediately before the commencement of this Act. 2. Where the lessee or a person deriving title under him is granted relief under this section, he shall hold the demised premises in accordance with the terms of the lease without the necessity for a new lease. 39. EXECUTION OF INSTRUMENT BY PERSON NOMINATED BY HIGH COURT
1. Where the High Court or family court has given or made a judgment or order directing a person to execute any conveyance, contract or other document, or to indorse any negotiable instrument, then, if that person— a.neglects or refuses to comply with the judgment or order; or
b.cannot after reasonable inquiry be found,
that court may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed, or that the negotiable instrument shall be indorsed, by such person as the court may nominate for that purpose. 2. A conveyance, contract, document or instrument executed or indorsed in pursuance of an order under this section shall operate, and be for all purposes available, as if it had been executed or indorsed by the person originally directed to execute or indorse it. 40. ATTACHMENT OF DEBTS
1. Subject to any order for the time being in force under subsection (4), this section applies to any deposit account, and any withdrawable share account, with a deposit-taker. 2. In determining whether, for the purposes of the jurisdiction of the High Court to attach debts for the purpose of satisfying judgments or orders for the payment of money, a sum standing to the credit of a person in an account to which this section applies is a sum due or accruing to that person and, as such, attachable in accordance with rules of court, any condition mentioned in subsection (3) which applies to the account shall be disregarded. 3. Those conditions are— a.any condition that notice is required before any money or share is withdrawn;
b.any condition that a personal application must be made before any money or share is withdrawn;
c.any condition that a deposit book or share-account book must be produced before any money or share is withdrawn; or
d.any other prescribed condition.
4. The Lord Chancellor may by order make such provision as he thinks fit, by way of amendment of this section or otherwise, for all or any of the following purposes, namely— a.including in, or excluding from, the accounts to which this section applies accounts of any description specified in the order;
b.excluding from the accounts to which this section applies all accounts with any particular deposit-taker so specified or with any deposit-taker of a description so specified.
5. Any order under subsection (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. 6. “Deposit-taker” means a person who may, in the course of his business, lawfully accept deposits in the United Kingdom. 7. Subsection (6) must be read with— a.section 22 of the Financial Services and Markets Act 2000;
b.any relevant order under that section; and
c.Schedule 2 to that Act.
40A. ADMINISTRATIVE AND CLERICAL EXPENSES OF GARNISHEES
1. Where an interim third party debt order made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on a deposit-taker, it may, subject to the provisions of this section, deduct from the relevant debt or debts an amount not exceeding the prescribed sum towards its administrative and clerical expenses in complying with the order; and the right to make a deduction under this subsection shall be exercisable as from the time the interim third party debt order is served on it. 1A. In subsection (1) “the relevant debt or debts”, in relation to an interim third party debt order served on a deposit-taker, means the amount, as at the time the order is served on it, of the debt or debts of which the whole or a part is expressed to be attached by the order. 1B. A deduction may be made under subsection (1) in a case where the amount referred to in subsection (1A) is insufficient to cover both the amount of the deduction and the amount of the judgment debt and costs in respect of which the attachment was made, notwithstanding that the benefit of the attachment to the creditor is reduced as a result of the deduction. 2. An amount may not in pursuance of subsection (1) be deducted or, as the case may be, retained in a case where, by virtue of section 346 of the Insolvency Act 1986 or section183 of the Insolvency Act 1986 or otherwise, the creditor is not entitled to retain the benefit of the attachment. 3. In this section— “deposit-taker” has the meaning given by section 40(6); and
“prescribed” means prescribed by an order made by the Lord Chancellor.
4. An order under this section— a.may make different provision for different cases;
b.without prejudice to the generality of paragraph (a) of this subsection, may prescribe sums differing according to the amount due under the judgment or order to be satisfied.
c.may provide for this section not to apply to deposit-takers of any prescribed description.
5. Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. 41. WARDS OF COURT
1. Subject to the provisions of this section, no minor shall be made a ward of court except by virtue of an order to that effect made by the High Court. 2. Where an application is made for such an order in respect of a minor, the minor shall become a ward of court on the making of the application, but shall cease to be a ward of court at the end of such period as may be prescribed unless within that period an order has been made in accordance with the application. 2A. Subsection (2) does not apply with respect to a child who is the subject of a care order (as defined by section 105 of the Children Act 1989). 3. The High Court may, either upon an application in that behalf or without such an application, order that any minor who is for the time being a ward of court shall cease to be a ward of court. 42. RESTRICTION OF VEXATIOUS LEGAL PROCEEDINGS
1. If, on an application made by the Attorney General under this section, the High Court is satisfied that any person has habitually and persistently and without any reasonable ground— a.instituted vexatious civil proceedings, whether in the High Court or the family court or any inferior court, and whether against the same person or against different persons; or
b.made vexatious applications in any civil proceedings, whether in the High Court or the family court or any inferior court, and whether instituted by him or another, or
c.instituted vexatious prosecutions (whether against the same person or different persons),
the court may, after hearing that person or giving him an opportunity of being heard, make a civil proceedings order, a criminal proceedings order or an all proceedings order. 1A. In this section— “civil proceedings order” means an order that—
a.no civil proceedings shall without the leave of the High Court be instituted in any court by the person against whom the order is made;
b.any civil proceedings instituted by him in any court before the making of the order shall not be continued by him without the leave of the High Court; and
c.no application (other than one for leave under this section) shall be made by him, in any civil proceedings instituted in any court by any person, without the leave of the High Court;
“criminal proceedings order” means an order that—
a.no information shall be laid before a justice of the peace by the person against whom the order is made without the leave of the High Court; and
b.no application for leave to prefer a bill of indictment shall be made by him without the leave of the High Court; and
“all proceedings order” means an order which has the combined effect of the two other orders.
2. An order under subsection (1) may provide that it is to cease to have effect at the end of a specified period, but shall otherwise remain in force indefinitely. 3. Leave for the institution or continuance of, or for the making of an application in, any civil proceedings by a person who is the subject of an order for the time being in force under subsection (1) shall not be given unless the High Court is satisfied that the proceedings or application are not an abuse of the process of the court in question and that there are reasonable grounds for the proceedings or application. 3A. Leave for the laying of an information or for an application for leave to prefer a bill of indictment by a person who is the subject of an order for the time being in force under subsection (1) shall not be given unless the High Court is satisfied that the institution of the prosecution is not an abuse of the criminal process and that there are reasonable grounds for the institution of the prosecution by the applicant. 4. No appeal shall lie from a decision of the High Court refusing leave required by virtue of this section. 5. A copy of any order made under subsection (1) shall be published in the London Gazette. 43. POWER OF HIGH COURT TO VARY SENTENCE ON APPLICATION FOR QUASHING ORDER
1. Where a person who has been sentenced for an offence— a.by a magistrates’ court; or
b.by the Crown Court after being convicted of the offence by a magistrates’ court and committed to the Crown Court for sentence; or
c.by the Crown Court on appeal against conviction or sentence,
applies to the High Court in accordance with section 31 for an a quashing order to remove the proceedings of the magistrates’ court or the Crown Court into the High Court, then, if the High Court determines that the magistrates’ court or the Crown Court had no power to pass the sentence, the High Court may, instead of quashing the conviction, amend it by substituting for the sentence passed any sentence which the magistrates’ court or, in a case within paragraph (b), the Crown Court had power to impose. 2. Any sentence passed by the High Court by virtue of this section in substitution for the sentence passed in the proceedings of the magistrates’ court or the Crown Court shall, unless the High Court otherwise directs, begin to run from the time when it would have begun to run if passed in those proceedings; but in computing the term of the sentence, any time during which the offender was released on bail in pursuance of section 37(1)(d) of the Criminal Justice Act 1948 shall be disregarded. 3. Subsections (1) and (2) shall, with the necessary modifications, apply in relation to any order of a magistrates’ court or the Crown Court which is made on, but does not form part of, the conviction of an offender as they apply in relation to a conviction and sentence. 43ZA. POWER OF HIGH COURT TO VARY COMMITTAL IN DEFAULT
1. Where the High Court quashes the committal of a person to prison or detention by a magistrates’ court or the Crown Court for— a.a default in paying a sum adjudged to be paid by a conviction; or
b.want of sufficient goods to satisfy such a sum,
the High Court may deal with the person for the default or want of sufficient goods in any way in which the magistrates’ court or Crown Court would have power to deal with him if it were dealing with him at the time when the committal is quashed. 2. If the High Court commits him to prison or detention, the period of imprisonment or detention shall, unless the High Court otherwise directs, be treated as having begun when the person was committed by the magistrates’ court or the Crown Court (except that any time during which he was released on bail shall not be counted as part of the period). 3. In subsection (1) references to want of sufficient goods to satisfy a sum are references to circumstances where— a.there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but
b.it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).
43A. SPECIFIC POWERS OF ARBITRATOR EXERCISABLE BY HIGH COURT
In any cause or matter proceeding in the High Court in connection with any contract incorporating an arbitration agreement which confers specific powers upon the arbitrator, the High Court may, if all parties to the agreement agree, exercise any such powers.
SUBHEADING 5. OTHER PROVISIONS
44. EXTRAORDINARY FUNCTIONS OF JUDGES OF HIGH COURT
1. Subject to the provisions of this Act, every judge of the High Court shall be—
a.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; andb.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.
2. 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 the Lord Chief Justice or the Master of the Rolls shall continue to be performed and exercised by them respectively.
HEADING 3. THE CROWN COURT
45. GENERAL JURISDICTION OF CROWN COURT
1. The Crown Court shall be a superior court of record.
2. Subject to the provisions of this Act, there shall be exercisable by the Crown Court—
a.all such appellate and other jurisdiction as is conferred on it by or under this or any other Act; andb.all such other jurisdiction as was exercisable by it immediately before the commencement of this Act.
3. Without prejudice to subsection (2), the jurisdiction of the Crown Court shall include all such powers and duties as were exercisable or fell to be performed by it immediately before the commencement of this Act. 4. Subject to section 8 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (substitution in criminal cases of procedure in that Act for procedure by way of subpoena) and to any provision contained in or having effect under this Act, the Crown Court shall, in relation to the attendance and examination of witnesses, any contempt of court, the enforcement of its orders and all other matters incidental to its jurisdiction, have the like powers, rights, privileges and authority as the High Court. 5. The specific mention elsewhere in this Act of any jurisdiction covered by subsections (2) and (3) shall not derogate from the generality of those subsections. 46. EXCLUSIVE JURISDICTION OF CROWN COURT IN TRIAL ON INDICTMENT
1. All proceedings on indictment shall be brought before the Crown Court. 2. The jurisdiction of the Crown Court with respect to proceedings on indictment shall include jurisdiction in proceedings on indictment for offences wherever committed, and in particular proceedings on indictment for offences within the jurisdiction of the Admiralty of England. 46A. OFFENCES COMMITTED ON SHIPS AND ABROAD
1. Sections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law of England and Wales as they apply in relation to offences under that Act or instruments under that Act. 47. [REPEALED]
48. APPEALS TO CROWN COURT
1. The Crown Court may, in the course of hearing any appeal, correct any error or mistake in the order or judgment incorporating the decision which is the subject of the appeal. 2. On the termination of the hearing of an appeal the Crown Court— a.may confirm, reverse or vary any part of the decision appealed against, including a determination not to impose a separate penalty in respect of an offence; or
b.may remit the matter with its opinion thereon to the authority whose decision is appealed against; or
c.may make such other order in the matter as the court thinks just, and by such order exercise any power which the said authority might have exercised.
3. Subsection (2) has effect subject to any enactment relating to any such appeal which expressly limits or restricts the powers of the court on the appeal. 4. Subject to section 11(6) of the Criminal Appeal Act 1995, if the appeal is against a conviction or a sentence, the preceding provisions of this section shall be construed as including power to award any punishment, whether more or less severe than that awarded by the magistrates’ court whose decision is appealed against, if that is a punishment which that magistrates’ court might have awarded. 5. This section applies whether or not the appeal is against the whole of the decision. 6. In this section “sentence” includes any order made by a court when dealing with an offender, including— a.a hospital order under Part III of the Mental Health Act 1983, with or without a restriction order, and an interim hospital order under that Act; and
b.a recommendation for deportation made when dealing with an offender.
7. The fact that an appeal is pending against an interim hospital order under the said Act of 1983 shall not affect the power of the magistrates’ court that made it to renew or terminate the order or to deal with the appellant on its termination; and where the Crown Court quashes such an order but does not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or released on bail pending his being dealt with by that magistrates’ court. 8. Where the Crown Court makes an interim hospital order by virtue of subsection (2)— a.the power of renewing or terminating the order and of dealing with the appellant on its termination shall be exercisable by the magistrates’ court whose decision is appealed against and not by the Crown Court; and
b.that magistrates’ court shall be treated for the purposes of section 38(7) of the said Act of 1983 (absconding offenders) as the court that made the order.
HEADING 4. GENERAL PROVISIONS
SUBHEADING 1. LAW AND EQUITY
49. Concurrent administration of law and equity.
1. Subject to the provisions of this or any other Act, every court exercising jurisdiction in England or Wales in any civil cause or matter shall continue to administer law and equity on the basis that, wherever there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.
2. Every such court shall give the same effect as hitherto—
a.to all equitable estates, titles, rights, reliefs, defences and counterclaims, and to all equitable duties and liabilities; and49. Concurrent administration of law and equity.
b.subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing by the common law or by any custom or created by any statute,and,
subject to the provisions of this or any other Act, shall so exercise its jurisdiction in every cause or matter before it as to secure that, as far as possible, all matters in dispute between the parties are completely and finally determined, and all multiplicity of legal proceedings with respect to any of those matters is avoided. 3. Nothing in this Act shall affect the power of the Court of Appeal or the High Court to stay any proceedings before it, where it thinks fit to do so, either of its own motion or on the application of any person, whether or not a party to the proceedings. 50. POWER TO AWARD DAMAGES AS WELL AS, OR IN SUBSTITUTION FOR, INJUNCTION OR SPECIFIC PERFORMANCE
Where the Court of Appeal or the High Court has jurisdiction to entertain an application for an injunction or specific performance, it may award damages in addition to, or in substitution for, an injunction or specific performance.
SUBHEADING 2. COSTS
51. COSTS IN CIVIL DIVISION OF COURT OF APPEAL, HIGH COURT AND COUNTY COURTS
1. Subject to the provisions of this or any other enactment and to rules of court, the costs of and incidental to all proceedings in—
a.the civil division of the Court of Appeal;b.the High Court;
ba.the family court; and
c.the county court,
shall be in the discretion of the court. 2. Without prejudice to any general power to make rules of court, such rules may make provision for regulating matters relating to the costs of those proceedings including, in particular, prescribing scales of costs to be paid to legal or other representatives or for securing that the amount awarded to a party in respect of the costs to be paid by him to such representatives is not limited to what would have been payable by him to them if he had not been awarded costs. 3. The court shall have full power to determine by whom and to what extent the costs are to be paid. 4. In subsections (1) and (2) “proceedings” includes the administration of estates and trusts. 5. Nothing in subsection (1) shall alter the practice in any criminal cause, or in bankruptcy. 6. In any proceedings mentioned in susbsection (1), the court may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with rules of court. 7. In subsection (6), “wasted costs” means any costs incurred by a party— a.as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or
b.which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
8. Where— a.a person has commenced proceedings in the High Court; but
b.those proceedings should, in the opinion of the court, have been commenced in the county court or family court in accordance with any provision made under section 1 of the Courts and Legal Services Act 1990 or by or under any other enactment,
the person responsible for determining the amount which is to be awarded to that person by way of costs shall have regard to those circumstances. 9. Where, in complying with subsection (8), the responsible person reduces the amount which would otherwise be awarded to the person in question— a.the amount of that reduction shall not exceed 25 per cent; and
b.on any taxation of the costs payable by that person to his legal representative, regard shall be had to the amount of the reduction.
10. The Lord Chancellor may by order amend subsection (9)(a) by substituting, for the percentage for the time being mentioned there, a different percentage. 11. Any such order shall be made by statutory instrument and may make such transitional or incidental provision as the Lord Chancellor considers expedient. 12. No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament. 13. In this section “legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf. 52. COSTS IN CROWN COURT
1. Rules of court may authorise the Crown Court to award costs and may regulate any matters relating to costs of proceedings in that court, and in particular may make provision as to— a.any discretion to award costs;
b.the taxation of costs, or the fixing of a sum instead of directing a taxation, and as to the officer of the court or other person by whom costs are to be taxed;
c.a right of appeal from any decision on the taxation of costs, whether to a Taxing Master of the Senior Courts or to any other officer or authority;
d.a right of appeal to the High Court, subject to any conditions specified in the rules, from any decision on an appeal brought by virtue of paragraph (c);
e.the enforcement of an order for costs; and
f.the charges or expenses or other disbursements which are to be treated as costs for the purposes of the rules.
2. The costs to be dealt with by rules made in pursuance of this section may, where an appeal is brought to the Crown Court from the decision of a magistrates’ court, or from the decision of any other court or tribunal, include costs in the proceedings in that court or tribunal. 2A. Subsection (6) of section 51 applies in relation to any civil proceedings in the Crown Court as it applies in relation to any proceedings mentioned in subsection (1) of that section 3. Nothing in this section authorises the making of rules about the payment of costs out of central funds, whether under the Part II of the Prosecution of Offences Act 1985 or otherwise, but rules made in pursuance of this section may make any such provision as in relation to costs of proceedings in the Crown Court, is contained in section 18 of that Act or in regulations made under section 19 of that Act (awards of party and party costs in criminal proceedings). 4. Rules made in pursuance of this section may amend or repeal all or any of the provisions of any enactment about costs between party and party in criminal or other proceedings in the Crown Court, being an enactment passed before, or contained in, the Part II of the Prosecution of Offences Act 1985. 5. Rules made in pursuance of this section shall have effect subject to the provisions of section 41 of, and Schedule 9 to, the Administration of Justice Act 1970 (method of enforcing orders for costs).
PART III. PRACTICE AND PROCEDURE
HEADING 1. THE COURT OF APPEAL
SUBHEADING 1. DISTRIBUTION OF BUSINESS
53. DISTRIBUTION OF BUSINESS BETWEEN CIVIL AND CRIMINAL DIVISIONS
1. Rules of court may provide for the distribution of business in the Court of Appeal between the civil and criminal divisions, but subject to any such rules business shall be distributed in accordance with the following provisions of this section.
2. The criminal division of the Court of Appeal shall exercise—
a.all jurisdiction of the Court of Appeal under Parts I and II of the Criminal Appeal Act 1968;SUBHEADING 1. DISTRIBUTION OF BUSINESS
53. DISTRIBUTION OF BUSINESS BETWEEN CIVIL AND CRIMINAL DIVISIONS
1. Rules of court may provide for the distribution of business in the Court of Appeal between the civil and criminal divisions, but subject to any such rules business shall be distributed in accordance with the following provisions of this section.
b.the jurisdiction of the Court of Appeal under section 13 of the Administration of Justice Act 1960 (appeals in cases of contempt of court) in relation to appeals from orders and decisions of the Crown Court;
c.all other jurisdiction expressly conferred on that division by this or any other Act; and
d.the jurisdiction to order the issue of writs of venire de novo.
3. The civil division of the Court of Appeal shall exercise the whole of the jurisdiction of that court not exercisable by the criminal division. 4. Where any class of proceedings in the Court of Appeal is by any statutory provision assigned to the criminal division of that court, rules of court may provide for any enactment relating to— a.appeals to the Court of Appeal under Part I of the Criminal Appeal Act 1968; or
b.any matter connected with or arising out of such appeals,
to apply in relation to proceedings of that class or, as the case may be, to any corresponding matter connected with or arising out of such proceedings, as it applies in relation to such appeals or, as the case may be, to the relevant matter within paragraph (b), with or without prescribed modifications in either case.
SUBHEADING 2. COMPOSITION OF COURT
54. COURT OF CIVIL DIVISION
1. This section relates to the civil division of the Court of Appeal; and in this section “court”, except where the context otherwise requires, means a court of that division.
2. Subject as follows, a court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of one or more judges.
3. The Master of the Rolls may, with the concurrence of the Lord Chancellor, give (or vary or revoke) directions about the minimum number of judges of which a court must consist if it is to be duly constituted for the purpose of any description of proceedings.
4. The Master of the Rolls, or any Lord Justice of Appeal designated by him, may (subject to any directions under subsection (3)) determine the number of judges of which a court is to consist for the purpose of any particular proceedings.
4A. The Master of the Rolls may give directions as to what is to happen in any particular case where one or more members of a court which has partly heard proceedings are unable to continue.
5. Where—
a.an appeal has been heard by a court consisting of an even number of judges; andb.the members of the court are equally divided,
the case shall, on the application of any part to the appeal, be re-argued before and determined by an uneven number of judges not less than three, before any appeal to the Senior Courts. 6. [Repealed] 7. [Repealed] 8. Subsections (1) and (2) of section 70 (assessors in the High Court) shall apply in relation to causes and matters before the civil division of the Court of Appeal as they apply in relation to causes and matters before the High Court. 9. Subsections (3) and (4) of section 70 (scientific advisers to assist the Patents Court in proceedings under the Patents Act 1949 and the Patents Act 1977) shall apply in relation to the civil division of the Court of Appeal and proceedings on appeal from any decision of the Patents Court in proceedings under those Acts as they apply in relation to the Patents Court and proceedings under those Acts. 10. [Repealed] 55. COURT OF CRIMINAL DIVISION
1. This section relates to the criminal division of the Court of Appeal; and in this section “court” means a court of that division. 2. Subject to subsection (6),a court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of an uneven number of judges not less than three. 3. Where— a.part of any proceedings before a court has been heard by an uneven number of judges greater than three; and
b.one or more members of the court are unable to continue,
the court shall remain duly constituted for the purpose of those proceedings so long as the number of members (whether even or uneven) is not reduced to less than three. 4. Subject to subsection (6),a court shall, if it consists of two judges, be duly constituted for every purpose except— a.determining an appeal against—
i.conviction; or
ii.a verdict of not guilty by reason of insanity; or
iii.a finding under section 4 of the Criminal Procedure (Insanity) Act 1964 (unfitness to plead) that a person is under a disability;
aa.reviewing sentencing under Part IV of the Criminal Justice Act 1988;
b.determining an application for leave to appeal to the Senior Courts; and
c.refusing an application for leave to appeal to the criminal division against conviction or any such verdict or finding as is mentioned in paragraph (a)(ii) or (iii), other than an application which has been refused by a single judge.
5. Where an appeal hSUBHEADING 3. OTHER PARTICULAR FIELDS OF JURISDICTION
25. PROBATE JURISDICTION OF HIGH COURT
1. Subject to the provisions of Part V, the High Court shall, in accordance with section 19(2), have the following probate jurisdiction, that is to say all such jurisdiction in relation to probates and letters of administration as it had immediately before the commencement of this Act, and in particular all such contentious and non-contentious jurisdiction as it then had in relation to— a.testamentary causes or matters;
b.the grant, amendment or revocation of probates and letters of administration; and
c.the real and personal estate of deceased persons.
2. Subject to the provisions of Part V, the High Court shall, in the exercise of its probate jurisdiction, perform all such duties with respect to the estates of deceased persons as fell to be performed by it immediately before the commencement of this Act. 26. MATRIMONIAL JURISDICTION OF HIGH COURT
The High Court shall, in accordance with section 19(2), have all such jurisdiction in relation to matrimonial causes and matters as was immediately before the commencement of the Matrimonial Causes Act 1857 vested in or exercisable by any ecclesiastical court or person in England or Wales in respect of— a.divorce a mensa et thoro (renamed judicial separation by that Act);
b.nullity of marriage; and
c.any matrimonial cause or matter except marriage licences.
27. PRIZE JURISDICTION OF HIGH COURT
The High Court shall, in accordance with section 19(2), have as a prize court— a.all such jurisdiction as is conferred on it by the Prize Acts 1864 to 1944 (in which references to the High Court of Admiralty are by virtue of paragraph 1 of Schedule 4 to this Act to be construed as references to the High Court); and
b.all such other jurisdiction on the high seas and elsewhere as it had as a prize court immediately before the commencement of this Act.
28. APPEALS FROM CROWN COURT AND INFERIOR COURTS
1. Subject to subsection (2), any order, judgment or other decision of the Crown Court may be questioned by any party to the proceedings, on the ground that it is wrong in law or is in excess of jurisdiction, by applying to the Crown Court to have a case stated by that court for the opinion of the High Court. 2. Subsection (1) shall not apply to— a.a judgment or other decision of the Crown Court relating to trial on indictment; or
b.any decision of that court under the Local Government (Miscellaneous Provisions) Act 1982 which, by any provision of any of those Acts, is to be final.
3. Subject to the provisions of this Act and to rules of court, the High Court shall, in accordance with section 19(2), have jurisdiction to hear and determine— a.any application, or any appeal (whether by way of case stated or otherwise), which it has power to hear and determine under or by virtue of this or any other Act; and
b.all such other appeals as it had jurisdiction to hear and determine immediately before the commencement of this Act.
4. In subsection (2)(a) the reference to a decision of the Crown Court relating to trial on indictment does not include a decision relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. 28A. PROCEEDINGS ON CASE STATED BY MAGISTRATES’ COURT OR CROWN COURT
1. This section applies where a case is stated for the opinion of the High Court— a.by a magistrates’ court under section 111 of the Magistrates’ Courts Act 1980; or
b.by the Crown Court under section 28(1) of this Act.
2. The High Court may, if it thinks fit, cause the case to be sent back for amendment and, where it does so, the case shall be amended accordingly. 3. The High Court shall hear and determine the question arising on the case (or the case as amended) and shall— a.reverse, affirm or amend the determination in respect of which the case has been stated; or
b.remit the matter to the magistrates’ court, or the Crown Court, with the opinion of the High Court,
and may make such other order in relation to the matter (including as to costs) as it thinks fit. 4. Except as provided by the Administration of Justice Act 1960 (right of appeal to Senior Courts in criminal cases), a decision of the High Court under this section is final. 29. MANDATORY, PROHIBITING AND QUASHING ORDERS
1. The orders of mandamus, prohibition and certiorari shall be known instead as mandatory, prohibiting and quashing orders respectively. 1A. The High Court shall have jurisdiction to make mandatory, prohibiting and quashing orders in those classes of case in which, immediately before 1st May 2004, it had jurisdiction to make orders of mandamus, prohibition and certiorari respectively. 2. Every such order shall be final, subject to any right of appeal therefrom. 3. In relation to the jurisdiction of the Crown Court, other than its jurisdiction in matters relating to trial on indictment, the High Court shall have all such jurisdiction to make mandatory, prohibiting or quashing orders as the High Court possesses in relation to the jurisdiction of an inferior court. 3A. The High Court shall have no jurisdiction to make mandatory, prohibiting or quashing orders in relation to the jurisdiction of the Court Martial in matters relating to- a.trial by the Court Martial for an offence; or
b.appeals from the Service Civilian Court.
4. The power of the High Court under any enactment to require justices of the peace or a judge or officer of the county court to do any act relating to the duties of their respective offices, or to require a magistrates’ court to state a case for the opinion of the High Court, in any case where the High Court formerly had by virtue of any enactment jurisdiction to make a rule absolute, or an order, for any of those purposes, shall be exercisable by mandatory order. 5. In any statutory provision- a.references to mandamus or to a writ or order of mandamus shall be read as references to a mandatory order;
b.references to prohibition or to a writ or order of prohibition shall be read as references to a prohibiting order;
c.references to certiorari or to a writ or order of certiorari shall be read as references to a quashing order; and
d.references to the issue or award of a writ of mandamus, prohibition or certiorari shall be read as references to the making of the corresponding mandatory, prohibiting or quashing order.
6. In subsection (3) the reference to the Crown Court’s jurisdiction in matters relating to trial on indictment does not include its jurisdiction relating to requirements to make payments under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. 30. INJUNCTIONS TO RESTRAIN PERSONS FROM ACTING IN OFFICES IN WHICH THEY ARE NOT ENTITLED TO ACT
1. Where a person not entitled to do so acts in an office to which this section applies, the High Court may— a.grant an injunction restraining him from so acting; and
b.if the case so requires, declare the office to be vacant.
2. This section applies to any substantive office of a public nature and permanent character which is held under the Crown or which has been created by any statutory provision or royal charter. 31. APPLICATION FOR JUDICIAL REVIEW
1. An application to the High Court for one or more of the following forms of relief, namely— a.a mandatory, prohibiting or quashing order;
b.a declaration or injunction under subsection (2); or
c.an injunction under section 30 restraining a person not entitled to do so from acting in an office to which that section applies,
shall be made in accordance with rules of court by a procedure to be known as an application for judicial review. 2. A declaration may be made or an injunction granted under this subsection in any case where an application for judicial review, seeking that relief, has been made and the High Court considers that, having regard to— a.the nature of the matters in respect of which relief may be granted by mandatory, prohibiting or quashing orders;
b.the nature of the persons and bodies against whom relief may be granted by such orders; and
c.all the circumstances of the case,
it would be just and convenient for the declaration to be made or the injunction to be granted, as the case may be. 3. No application for judicial review shall be made unless the leave of the High Court has been obtained in accordance with rules of court; and the court shall not grant leave to make such an application unless it considers that the applicant has a sufficient interest in the matter to which the application relates. 4. On an application for judicial review the High Court may award to the applicant damages, restitution or the recovery of a sum due if— a.the application includes a claim for such an award arising from any matter to which the application relates; and
b.the court is satisfied that such an award would have been made if the claim had been made in an action begun by the applicant at the time of making the application.
5. If, on an application for judicial review, the High Court quashes the decision to which the application relates, it may in addition— a.remit the matter to the court, tribunal or authority which made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the High Court, or
b.substitute its own decision for the decision in question.
5A. But the power conferred by subsection (5)(b) is exercisable only if— a.the decision in question was made by a court or tribunal,
b.the decision is quashed on the ground that there has been an error of law, and
c.without the error, there would have been only one decision which the court or tribunal could have reached.
5B. Unless the High Court otherwise directs, a decision substituted by it under subsection (5)(b) has effect as if it were a decision of the relevant court or tribunal. 6. Where the High Court considers that there has been undue delay in making an application for judicial review, the court may refuse to grant— a.leave for the making of the application; or
b.any relief sought on the application,
if it considers that the granting of the relief sought would be likely to cause substantial hardship to, or substantially prejudice the rights of, any person or would be detrimental to good administration. 7. Subsection (6) is without prejudice to any enactment or rule of court which has the effect of limiting the time within which an application for judicial review may be made. 31A. TRANSFER OF JUDICIAL REVIEW APPLICATIONS TO UPPER TRIBUNAL
1. This section applies where an application is made to the High Court— a.for judicial review, or
b.for permission to apply for judicial review.
2. If Conditions 1, 2, and 3 are met, the High Court must by order transfer the application to the Upper Tribunal. 3. If Conditions 1 and 2 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so. 4. Condition 1 is that the application does not seek anything other than— a.relief under section 31(1)(a) and (b);
b.permission to apply for relief under section 31(1)(a) and (b);
c.an award under section 31(4);
d.interest;
e.costs.
5. Condition 2 is that the application does not call into question anything done by the Crown Court. 6. Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.
