Magna Carta 1297 Preamble I. Confirmation of Liberties II-VIII IX. Liberties of London, &c X-XXVIII XXIX. Imprisonment, &c. contrary to Law. Administration of Justice XXX-XXXVII Closing Text. General Saving. Observance of these Liberties. Subsidy, in respect of this Charter and Charter of the Forest The Petition of Right 1628 Preamble 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 Parliament II. and that Commissions have of late issued on which Proceedings have been had contrary to Law III. [Repealed] IV. [Repealed] V. [Repealed] VI. and that Soldiers have been dispersed in divers Counties, and Inhabitants compelled to receive them VII. 25 E. III. and that Commissions have issued under the Great Seal for Proceedings according to Martial Law VIII. The Petition Habeas Corpus Act 1679 Preamble 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 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 III. Habeas Corpus not granted in Vacation to Prisoners who have neglected to pray the same 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 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 VI. [Repealed] VII. Proviso respecting Persons charged in Debt, &c 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 IX. Proviso for Application for and granting Habeas Corpus in Vacation-time. Lord Chancellor, &c. unduly denying Writ; Penalty to Party £500 X. Habeas Corpus may be directed into Counties Palatine, &c 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 XII. [Repealed] XIII. [Repealed] XIV. [Repealed] XV. Proviso for sending Persons to be tried in Places where any Capital Offence committed XVI. Limitation of Prosecution for Offences against this Act XVII. [Repealed] XVIII. [Repealed] XIX. [Repealed] XX. [Repealed] Bill of Rights 1689 Preamble Heading 1. The Heads of Declaration of Lords and Commons, recited Heading 2. Dispensing and Suspending Power Heading 3. Committing Prelates Heading 4. Ecclesiastical Commission Heading 5. Levying Money Heading 6. Standing Army Heading 7. Disarming Protestants, &c Heading 8. Violating Elections Heading 9. Illegal Prosecutions Heading 10. Juries Heading 11. Excessive Bail Heading 12. Fines Heading 13. Punishments Heading 14. Grants of Fines, &c. before Conviction, &c 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 Heading 16. The Subject’s Rights Heading 17. Dispensing Power Heading 18. Late dispensing Power Heading 19. Ecclesiastical Courts illegal Heading 20. Levying Money Heading 21. Right to petition Heading 22. Standing Army Heading 23. Subjects’ Arms Heading 24. Freedom of Election Heading 25. Freedom of Speech Heading 26. Excessive Bail Heading 27. Juries Heading 28. Grants of Forfeitures Heading 29. Frequent Parliaments Heading 30. The said Rights claimed. Tender of the Crown. Regal Power exercised. Limitation of the Crown Heading 31. New Oaths of Allegiance, &c Heading 32. Allegiance Heading 33. Supremacy 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 II. Non obstantes made void III. [Repealed] Act of Settlement 1701 Preamble 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 Protestants 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 III. Further Provisions for securing the Religion, Laws, and Liberties of these Realms IV. The Laws and Statutes of the Realm confirmed Union with Scotland Act 1706 Preamble. Recital of Articles of Union, dated 22d July, 5 Ann.; and of an Act of Parliament passed in Scotland, 16th January, 5 Ann Article I. The Kingdoms United; Ensigns Armorial Article II. Succession to the Monarchy Article III. Parliament Article IIII. Trade and Navigation and other Rights Article V Article VI. Regulations of Trade, Duties, &c Article VII. Excise Article VIII-XV Article XVI. Coin Article XVII Article XVIII. Laws concerning public rights. Private rights Article 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 Article XX. Heritable Offices, &c Article XXI. Royal Burghs Article XXII Article XXIII. Privileges of the Sixteen Peers of Scotland Article XXIV. Heraldry; Great Seal; Seal kept in Scotland; Privy Seal, &c. in Scotland; Regalia Article XXV I. Laws inconsistent with the Articles, void 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. III. Cap. 8 ante IV. The said Articles and Act of Parliament of Scotland 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 Union VI. Recital of Act of Parliament of Scotland for settling Election of the Sixteen Peers and Forty-five Members for Scotland VII. The said Act declared valid as if it had been Part of the said Articles of Union Union with Ireland Act 1800 Preamble Part 1. The Parliaments of England and Ireland have agreed upon the articles 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 Article Second. That the succession to the crown shall continue limited and settled as at present Article Third. That the United Kingdom be represented in one Parliament Article Fourth 1. That 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 2. That 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 3. His Majesty may create peers, and make promotions in the peerage of Ireland after the union, under certain regulations 4. Peerages 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 5. Questions 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 6. When 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 7. The 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 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 Article Sixth 1. The 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 2. From January 1, 1801, all prohibitions and bounties on the export of articles the produce or manufacture of either country to the other shall cease 3. All 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 4. Articles 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 5. Articles 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 Article Seventh Article Eight 1. All 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 2. His 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 Part 2 1. Recital 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 2. Recited Act to be taken as a part of this Act. Parliament Acts 1911 and 1949 Preamble 1. Powers of House of Lords as to Money Bills 2. Restriction of the powers of the House of Lords as to Bills other than Money Bills 3. Certificate of Speaker 4. Enacting words 5. Provisional Order Bills excluded 6. Saving for existing rights and privileges of the House of Commons 7. Duration of Parliament 8. Short title Life Peerages Act 1958 Preamble 1. Power to create life peerages carrying right to sit in the House of Lords 2. Short title European Communities Act 1972 Preamble Part I. General Provisions 1. Short title and interpretation 2. General implementation of Treaties 3. Decisions on, and proof of, Treaties and EU instruments etc Part II. Amendment of Law 4. General provision for repeal and amendment 5. Customs duties 6. The common agricultural policy 11. EU offences 12. Furnishing of information to EU [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 Part I. CONSTITUTION OF Senior Courts Subheading 1. The Senior Courts 1. The Senior Courts Subheading 2. The Court of Appeal 2. The Court of Appeal 3. Divisions of Court of Appeal Subheading 3. The High Court 4. The High Court 5. Divisions of High Court 6. The Patents, Admiralty and Commercial Courts 7. Power to alter Divisions or transfer certain courts to different Divisions Subheading 4. The Crown Court 8. The Crown Court Subheading 5. Other provisions 9. Assistance for transaction of judicial business Table Row 1 Column 1 Column 2 Row 2 Column 1 Column 2 Row 3 Column 1 Column 2 Row 4 Column 1 Column 2 Row 4A Column 1 Column 2 Row 5 Column 1 Column 2 Row 6 Column 1 Column 2 10. Appointment of judges of Senior Courts 11. Tenure of office of judges of Senior Courts 12. Salaries etc. of judges of Senior Courts 13. Precedence of judges of Senior Courts 14. Power of judge of Senior Courts or Crown Court to act in cases relating to rates and taxes Part II. JURISDICTION Heading 1. The Court of Appeal 15. General jurisdiction of Court of Appeal 16. Appeals from High Court 17. Applications for new trial 18. Restrictions on appeals to Court of Appeal Heading 2. The High Court Subheading 1. General jurisdiction 19. General jurisdiction of High Court Subheading 2. Admiralty jurisdiction 20. Admiralty jurisdiction of High Court 21. Mode of exercise of Admiralty jurisdiction 22. Restrictions on entertainment of actions in personam in collision and other similar cases 23. High Court not to have jurisdiction in cases within Rhine Convention 24. Supplementary provisions as to Admiralty jurisdiction Subheading 3. Other particular fields of jurisdiction 25. Probate jurisdiction of High Court 26. Matrimonial jurisdiction of High Court 27. Prize jurisdiction of High Court 28. Appeals from Crown Court and inferior courts 28A. Proceedings on case stated by magistrates’ court or Crown Court 29. Mandatory, prohibiting and quashing orders 30. Injunctions to restrain persons from acting in offices in which they are not entitled to act 31. Application for judicial review 31A. Transfer of judicial review applications to Upper Tribunal Subheading 4. Powers 32. Orders for interim payment 32A. Orders for provisional damages for personal injuries 33. Powers of High Court exercisable before commencement of action 34. Power of High Court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death 35. Provisions supplementary to ss. 33 and 34 35A. Power of High Court to award interest on debts and damages 36. Subpoena issued by High Court to run throughout United Kingdom 37. Powers of High Court with respect to injunctions and receivers 38. Relief against forfeiture for non-payment of rent 39. Execution of instrument by person nominated by High Court 40. Attachment of debts 40A. Administrative and clerical expenses of garnishees 41. Wards of court 42. Restriction of vexatious legal proceedings 43. Power of High Court to vary sentence on application for quashing order 43ZA. Power of High Court to vary committal in default 43A. Specific powers of arbitrator exercisable by High Court Subheading 5. Other provisions 44. Extraordinary functions of judges of High Court Heading 3. The Crown Court 45. General jurisdiction of Crown Court 46. Exclusive jurisdiction of Crown Court in trial on indictment 46A. Offences committed on ships and abroad 47. [Repealed] 48. Appeals to Crown Court Heading 4. General Provisions Subheading 1. Law and equity 50. Power to award damages as well as, or in substitution for, injunction or specific performance Subheading 2. Costs 51. Costs in civil division of Court of Appeal, High Court and county courts 52. Costs in Crown Court 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 Subheading 2. Composition of court 54. Court of civil division 55. Court of criminal division 56. Judges not to sit on appeal from their own judgments, etc 56A. Circuit judges not to sit on certain appeals 56B. Allocation of cases in criminal division Subheading 3. Sittings and vacations 57. Sittings and vacations Subheading 4. Other provisions 58. Calling into question of incidental decisions in civil division 59. Form of judgment of court of criminal division 60. Rules of court, and decisions of Court of Appeal, as to whether judgment or order is final or interlocutory Heading 2. The High Court Subheading 1. Distribution of business 61. Distribution of business among Divisions 62. Business of Patents, Admiralty and Commercial Courts 63. Business assigned to specially nominated judges 64. Choice of Division by plaintiff 65. Power of transfer Subheading 2. Divisional courts 66. Divisional courts of High Court Subheading 3. Mode of conducting business 67. Proceedings in court and in chambers 68. Exercise of High Court jurisdiction otherwise than by judges of that court 69. Trial by jury 70. Assessors and scientific advisers Subheading 4. Sittings and vacations 71. Sittings and vacations Subheading 5. Other provisions 72. Withdrawal of privilege against incrimination of self or spouse in certain proceedings Heading 3. The Crown Court Subheading 1. Composition of court 73. General provisions 74. Appeals and committals for sentence Subheading 2. Distribution of business 75. Allocation of cases according to composition of court, etc 76. Committal for trial: alteration of place of trial 77. Committal for trial: date of trial Subheading 3. Sittings 78. Sittings Subheading 4. Other provisions 79. Practice and procedure in connection with indictable offences and appeals 80. Process to compel appearance 81. Bail 82. Duties of officers of Crown Court 83. [Repealed] Heading 4. Rules of Court 84. Power to make rules of court 85. The Senior Courts Rule Committee 86. The Crown Court Rule Committee 86A. Process for making rules of court under section 84 86B. Rules to be made if required by Lord Chancellor 87. Particular matters for which rules of court may provide Part IV. OFFICERS AND OFFICES Subheading 1. Appointment of certain officers of Senior Courts 88. Qualification for office 89. Masters and registrars Table Row 1 Column 1 Column 2 Row 2 Column 1 Column 2 Row 3 Column 1 Column 2 Row 4 Column 1 Column 2 Row 5 Column 1 Column 2 90. Official Solicitor 91. Deputies and temporary appointments Subheading 2. Other provisions relating to officers of Senior Courts 92. Tenure of office. 93. Status of officers for purposes of salary and pension 94. [Repealed] 95. Property held by officers Subheading 3. Central Office and Accountant General 96. Central Office 97. Accountant General Subheading 4. Judges’ clerks and secretaries 98. Judges’ clerks and secretaries Subheading 5. District registries and district registrars 99. District registries 100. District judges 101. [Repealed] 102. Deputy district registrars 103. [Repealed] Subheading 6. District probate registries 104. District probate registries Part V. PROBATE CAUSES AND MATTERS Subheading 1. Procedure in probate registries in relation to grants of representation 105. Applications 106. Grants by district probate registrars 107. No grant where conflicting applications 108. Caveats 109. Refusal of grant where capital transfer tax unpaid 110. Documents to be delivered to Commissioners of Inland Revenue 111. Records of grants Subheading 2. Powers of court in relation to personal representatives 112. Summons to executor to prove or renounce 113. Power of court to sever grant 114. Number of personal representatives 115. Grants to trust corporations 116. Power of court to pass over prior claims to grant 117. Administration pending suit 118. Effect of appointment of minor as executor 119. Administration with will annexed 120. Power to require administrators to produce sureties Subheading 3. Revocation of grants and cancellation of resealing at instance of court 121. Revocation of grants and cancellation of resealing at instance of court Subheading 4. Ancillary powers of court 122. Examination of person with knowledge of testamentary document 123. Subpoena to bring in testamentary document Subheading 5. Provisions as to documents 124. Place for deposit of original wills and other documents 125. Copies of wills and grants 126. Depositories for wills of living persons Subheading 6. Probate rules 127. Probate rules Subheading 7. Interpretation of Part V and other probate provisions 128. Interpretation of Part V and other probate provisions Part VI. MISCELLANEOUS AND SUPPLEMENTARY Subheading 1. Miscellaneous provisions 129. Lords Commissioners to represent Lord Chancellor when Great Seal in commission 130. Fees to be taken in Supreme Court 131. Conveyancing counsel of Senior Courts 132. Proof of documents bearing seal or stamp of Senior Courts or any office thereof 133. Enrolment and engrossment of instruments 134. Powers of attorney deposited before October 1971 135. Bonds given under order of court 136. Production of documents filed in, or in custody of, Senior Courts 137. Money paid into court under enactment subsequently repealed 138. Effect of writs of execution against goods 138A. Sales under executions 138B. Protection of officer selling goods under execution 139. Attachment of National Savings Bank deposits 140. Enforcement of fines and forfeited recognizances 141. Abolition of certain writs 142. Selection of judges for trial of election petitions 143. [Repealed] 144. [Repealed] 145. Amendment of Courts-Martial (Appeals) Act 1968 146. Amendment of Courts Act 1971 147. Amendment of Solicitors Act 1974 148. [Repealed] 149. [Repealed] Subheading 2. Supplementary 150. Admiralty jurisdiction: provisions as to Channel Islands, Isle of Man, colonies etc 151. Interpretation of this Act, and rules of construction for other Acts and documents 152. Amendments of other Acts, transitional provisions, savings and repeals 153. Citation, commencement and extent [Schedules omitted due to length – full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/1981/54/schedules] Northern Ireland Act 1998 Part I. Preliminary 1. Status of Northern Ireland 2. Previous enactments 3. Devolution order 4. Transferred, excepted and reserved matters Part II. Legislative Powers Subheading 1. General 5. Acts of the Northern Ireland Assembly 6. Legislative competence 7. Entrenched enactments 7A. Cross-community support required for Bill altering size of Assembly 8. Consent of Secretary of State required in certain cases Subheading 2. Scrutiny and stages of Bills 9. Scrutiny by Ministers 10. Scrutiny by Presiding Officer 11. Scrutiny by the Supreme Court 12. Reconsideration where reference made to ECJ 13. Stages of Bills Subheading 3. Royal Assent 14. Submission by Secretary of State 15. Parliamentary control where consent given Part III. Executive Authorities Subheading 1. Authorities 16A. Appointment of First Minister, deputy First Minister and Northern Ireland Ministers following Assembly election 16B. Vacancies in the office of First Minister or deputy First Minister 16C. Sections 16A and 16B: supplementary 17. Ministerial offices 18. Northern Ireland Ministers 19. Junior Ministers 19A. Disqualification for certain offices which may be held by members of the Assembly 20. The Executive Committee 21. Northern Ireland departments 21A. Northern Ireland department with policing and justice functions 21B. Section 21A(5A) and (7C): transitional provision 21C. Section 21A(5A) and (7C): power of Assembly to secure retention or abolition of deputy Ministerial office Subheading 2. Functions 22. Statutory functions 23. Prerogative and executive powers 24. EU law, Convention rights etc 25. Excepted and reserved matters 26. International obligations 27. Quotas for purposes of international etc obligations 28. Agency arrangements between UK and NI departments 28A. Ministerial Code Subheading 3. Power to refer Ministerial decision to Executive Committee 28B. Power to refer Ministerial decision to Executive Committee Subheading 4. Executive Committee: further provisions 28C. Power of Executive Committee to call for witnesses and documents 28D. Strategies relating to Irish language and Ulster Scots language etc 28E. Strategy relating to poverty, social exclusion etc Subheading 5. Miscellaneous 29. Statutory committees 29A. Committee to review functioning of Assembly and Executive Committee 29B. Review of operation of sections 16A to 16C 29C. Review of functions relating to judicial appointments and removals 30. Exclusion of Ministers from office 30A. [Repealed] 30B. Secretary of State’s powers in exceptional circumstances Part IV. The Northern Ireland Assembly Subheading 1. Elections etc 31. Dates of elections and dissolutions 32. Extraordinary elections 33. Constituencies and numbers of members 34. Elections and franchise 35. Vacancies Subheading 2. Disqualification 36. Disqualification 37. Effect of disqualification and provision for relief 38. Disqualification: judicial proceedings Subheading 3. Presiding Officer and Commission 39. Presiding Officer 40. Commission Subheading 4. Proceedings etc 41. Standing orders 42. Petitions of concern 43. Members’ interests 44. Power to call for witnesses and documents 45. Witnesses and documents: offences 46. Witnesses: oaths Subheading 5. Remuneration and pensions 47. Remuneration of members 47A. Resolutions about reduction of remuneration 47B. [Repealed] 47C. Sections 47A and 47B: specified periods and extensions 48. Pensions of members Subheading 6. Miscellaneous 49. Letters Patent etc 50. Privilege 51. Resignation of members 51A. Resolutions about reduction of financial assistance 51B. [Repealed] 51C. Sections 51A and 51B: specified periods and extensions 51D. Censure resolutions Part V. NSMC, BIC, BIIC etc 52A. North-South Ministerial Council and British-Irish Council 52B. Section 52A: duty to attend Council meetings etc 52C. Sections 52A and 52B: supplementary 52. [Repealed] 53. Agreements etc. by persons participating in Councils 54. British-Irish Intergovernmental Conference 55. Implementation bodies 56. Civic Forum Part VI. Financial Provisions Subheading 1. Consolidated Fund 57. Consolidated Fund of Northern Ireland 58. Payments into the Fund 59. Payments out of Fund without appropriation Act 60. Financial control, accounts and audit Subheading 2. Advances 61. Advances by Secretary of State 62. Accounts Subheading 3. Miscellaneous 63. Financial acts of the Assembly 64. Draft budgets 65. Audit 66. Expenses of Northern Ireland Audit Office 67. Provision of information to Treasury Part VII. Human Rights and Equal Opportunities Subheading 1. Human rights 68. The Northern Ireland Human Rights Commission 69. The Commission’s functions 69A. Investigations: evidence 69B. Investigations: national security 69C. Investigations: places of detention 69D. Investigations: terms of reference 70. Assistance by Commission 71. Restrictions on application of rights 72. Standing Advisory Commission on Human Rights: dissolution Subheading 2. Equality of opportunity 73. The Equality Commission for Northern Ireland 74. The Commission’s principal functions 75. Statutory duty on public authorities 76. Discrimination by public authorities 77. Unlawful oaths etc 78. Removal of restrictions on investigation into maladministration Part VIII. Miscellaneous Subheading 1. Judicial scrutiny 79. Devolution issues 80. Legislative power to remedy ultra vires acts 81. Powers of courts or tribunals to vary retrospective decisions 82. The Judicial Committee 83. Interpretation of Acts of the Assembly etc Subheading 2. Power to make provision by Order in Council 84. Provision with respect to certain matters relating to Northern Ireland 85. Provision dealing with certain reserved matters 86. Provision for purposes consequential on Act etc 86A. Provision for transfer of functions relating to extradition etc 86B. Provision for entrenching enactments Subheading 3. Social security, child support and pensions 87. Consultation and co-ordination 88. The Joint Authority 89. Industrial Injuries Advisory Council Subheading 4. Discrimination: certificates by Secretary of State 90. Effect of certificates 91. The Tribunal 92. Appeals from the Tribunal Subheading 5. Miscellaneous 93. Parliament Buildings etc 94. Land purchase annuities etc Part IX. Supplemental 95. Savings for existing laws 95A. [Repealed] 96. Orders and regulations 97. Financial provision 98. Interpretation 99. Minor and consequential amendments 100. Transitional provisions, savings and repeals 101. Short title and commencement Schedules Schedule 1. Polls for the purposes of section 1 4 Schedule 2. Excepted Matters 12 Schedule 3. Reserved Matters 9 10 12 41A Schedule 10. Devolution Issues Part 1. Preliminary Part 2. Proceedings in Northern Ireland Subheading 1. Application of Part II Subheading 2. Institution of proceedings 4 Subheading 3. Notice of devolution issue Subheading 4. Reference of devolution issue to Court of Appeal Subheading 5. References from Court of Appeal to Supreme Court Subheading 6. Appeals from Court of Appeal to Supreme Court Part 3. Proceedings in England and Wales Subheading 1. Application of Part III Subheading 2. Institution of proceedings 12 Subheading 3. Notice of devolution issue Subheading 4. Reference of devolution issue to High Court or Court of Appeal 16 Subheading 5. References from Court of Appeal to Supreme Court Subheading 6. Appeals from superior courts to Supreme Court Part 4. Proceedings in Scotland Subheading 1. Application of Part IV Subheading 2. Institution of proceedings 22 Subheading 3. Intimation of devolution issue Subheading 4. Reference of devolution issue to higher court Subheading 5. References from superior courts to Supreme Court Subheading 6. Appeals from superior courts to Supreme Court Part 5. General Subheading 1 Subheading 2. Direct references to Supreme Court 35 Subheading 3. Delegation by First Ministers Subheading 4. Expenses 37 Subheading 5. Procedure of courts and tribunals Subheading 6. Bail and legal aid in criminal proceedings 39 Subheading 7. Interpretation Schedules 11-15. [Schedules 11-15 Omitted due to lenghth – full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/1998/47/schedules] Scotland Act 1998 Preamble Part I. The Scottish Parliament Subheading 1. The Scottish Parliament 1. The Scottish Parliament Subheading 2. General elections 2. Ordinary general elections 3. Extraordinary general elections 4. Calculating time for meeting of the Parliament 5. Candidates 6. Poll for regional members 7. Calculation of regional figures 8. Allocation of seats to regional members Subheading 3. Vacancies 9. Constituency vacancies 10. Regional vacancies Subheading 4. Franchise and conduct of elections 11. Electors 12. Power of the Scottish Ministers to make provision about elections 12A. Power of the Secretary of State to make provision about elections Subheading 5. Duration of membership 13. Term of office of members 14. Resignation of members Subheading 6. Disqualification 15. Disqualification from membership of the Parliament 16. Exceptions and relief from disqualification 17. Effect of disqualification 18. Judicial proceedings as to disqualification Subheading 7. Presiding Officer and administration 19. Presiding Officer 20. Clerk of the Parliament 21. Scottish Parliamentary Corporate Body Subheading 8. Proceedings etc 22. Standing orders 23. Power to call for witnesses and documents 24. Witnesses and documents: notice 25. Witnesses and documents: offences 26. Witnesses and documents: general 27. Participation of the Scottish Law Officers Subheading 9. Legislation 28. Acts of the Scottish Parliament 29. Legislative competence 30. Legislative competence: supplementary 31. Scrutiny of Bills before introduction 32. Submission of Bills for Royal Assent 33. Scrutiny of Bills by the Supreme Court 34. ECJ references 35. Power to intervene in certain cases 36. Stages of Bills Subheading 10. Other provisions 37. Acts of Union 38. Letters Patent and proclamations 39. Members’ interests Subheading 11. Legal issues 40. Proceedings by or against the Parliament etc 41. Defamatory statements 42. Contempt of court 43. Corrupt practices Part II. The Scottish Administration Subheading 1. Ministers and their staff 44. The Scottish Executive 45. The First Minister 46. Choice of the First Minister 47. Ministers 48. The Scottish Law Officers 49. Junior Scottish Ministers 50. Validity of acts of Scottish Ministers etc 51. The Civil Service Subheading 2. Ministerial functions 52. Exercise of functions 53. General transfer of functions 54. Devolved competence 55. Functions exercisable with agreement 56. Shared powers 57. EU law and Convention rights 58. Power to prevent or require action Subheading 3. Property and liabilities 59. Property and liabilities of the Scottish Ministers 60. Transfers to the Scottish Ministers 61. Property and liabilities of the Lord Advocate and the First Minister 62. Transfers to the Lord Advocate Subheading 4. Transfer of additional functions 63. Power to transfer functions Part III. Financial Provisions 64. Scottish Consolidated Fund 65. Payments out of the Fund 66. Borrowing by the Scottish Ministers etc 67. Lending by the Secretary of State 67A. Lending for capital expenditure 68. Borrowing by statutory bodies 69. The Auditor General for Scotland 70. Financial control, accounts and audit 71. Existing debt 72. Accounts of loans to the Scottish Ministers Part IV. The tax-varying power Part 4A. Taxation Subheading 1. Introductory 80A. Overview of Part 4A 80B. Power to add new devolved taxes Subheading 2. Income Tax 80C. Power to set Scottish rate for Scottish taxpayers 80D. Scottish taxpayers 80E. Close connection with Scotland or another part of the UK 80F. Days spent in Scotland or another part of the UK 80G. Supplemental powers to modify enactments 80H. Reimbursement of expenses Subheading 3. Tax on transactions involving interests in land 80I. Tax on transactions involving interests in land 80J. Certain transactions not taxable Subheading 4. Tax on disposals to landfill 80K. Tax on disposals to landfill Part V. Miscellaneous and general Subheading 1. Remuneration of members of the Parliament and Government 81. Remuneration of members of the Parliament and Government 82. Limits on salaries of members of the Parliament 83. Remuneration: supplementary Subheading 2. Other provision about members of the Parliament etc 84. Oaths 85. Exemption from jury service Subheading 3. Arrangements at Westminster 86. Scottish representation at Westminster 87. The Advocate General for Scotland Subheading 4. Cross-border public authorities 88. Cross-border public authorities: initial status 89. Power to adapt etc. cross-border public authorities 90. Power to transfer property of cross-border public authorities Subheading 5. The BBC 90A. BBC Trust member for Scotland Subheading 6. Miscellaneous 91. Maladministration 92. Queen’s Printer for Scotland 93. Agency arrangements 94. Private legislation 95. Appointment and removal of judges 96. Provision of information to the Treasury 97. Assistance for opposition parties Subheading 7. Juridical 98. Devolution issues 99. Rights and liabilities of the Crown in different capacities 100. Human rights 101. Interpretation of Acts of the Scottish Parliament etc 102. Powers of courts or tribunals to vary retrospective decisions 103. The Judicial Committee Subheading 8. Supplementary powers 104. Power to make provision consequential on legislation of, or scrutinised by, the Parliament 105. Power to make provision consequential on this Act 106. Power to adapt functions 107. Legislative power to remedy ultra vires acts 108. Agreed redistribution of functions exercisable by the Scottish Ministers etc 109. Agreed redistribution of property and liabilities 110. Scottish taxpayers for social security purposes 111. Regulation of Tweed and Esk fisheries Part VI. Supplementary Subheading 1. Subordinate legislation 112. Subordinate legislation: general 113. Subordinate legislation: scope of powers 114. Subordinate legislation: particular provisions 115. Subordinate legislation: procedure 116. Transfer of property: supplementary Subheading 2. General modification of enactments 117. Ministers of the Crown 118. Subordinate instruments 119. Consolidated Fund etc 120. Accounts and audit 121. Requirements to lay reports etc. before Parliament 122. Crown land 123. Stamp duty 124. Modification of sections 94 and 117 to 122 Subheading 3. Amendments and repeals 125. Amendments and repeals Subheading 4. Final provisions 126. Interpretation 127. Index of defined expressions Table Row 1 Column 1 Column 2 Row 2 Column 1 Column 2 Row 3 Column 1 Column 2 Row 4 Column 1 Column 2 Row 5 Column 1 Column 2 Row 6 Column 1 Column 2 Row 7 Column 1 Column 2 Row 8 Column 1 Column 2 Row 9 Column 1 Column 2 Row 10 Column 1 Column 2 Row 11 Column 1 Column 2 Row 11A Column 1 Column 2 Row 12 Column 1 Column 2 Row 13 Column 1 Column 2 Row 14 Column 1 Column 2 Row 15 Column 1 Column 2 Row 16 Column 1 Column 2 Row 17 Column 1 Column 2 Row 18 Column 1 Column 2 Row 19 Column 1 Column 2 Row 20 Column 1 Column 2 Row 21 Column 1 Column 2 Row 22 Column 1 Column 2 Row 23 Column 1 Column 2 Row 24 Column 1 Column 2 Row 25 Column 1 Column 2 Row 26 Column 1 Column 2 Row 27 Column 1 Column 2 Row 28 Column 1 Column 2 Row 29 Column 1 Column 2 Row 30 Column 1 Column 2 Row 31 Column 1 Column 2 Row 32 Column 1 Column 2 Row 33 Column 1 Column 2 Row 34 Column 1 Column 2 Row 35 Column 1 Column 2 Row 36 Column 1 Column 2 Row 37 Column 1 Column 2 Row 38 Column 1 Column 2 Row 39 Column 1 Column 2 Row 40 Column 1 Column 2 Row 41 Column 1 Column 2 Row 42 Column 1 Column 2 Row 43 Column 1 Column 2 Row 44 Column 1 Column 2 Row 45 Column 1 Column 2 Row 46 Column 1 Column 2 Row 47 Column 1 Column 2 Row 48 Column 1 Column 2 Row 49 Column 1 Column 2 Row 50 Column 1 Column 2 Row 51 Column 1 Column 2 Row 52 Column 1 Column 2 Row 53 Column 1 Column 2 Row 54 Column 1 Column 2 Row 55 Column 1 Column 2 Row 56 Column 1 Column 2 128. Expenses 129. Transitional provisions etc 130. Commencement 131. Extent 132. Short title Schedules Schedules 1-4. [Schedules 1-4 omitted due to length – full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/1998/46/schedules] Schedule 5. Reserved matters Part I. General reservations Subheading 1. The Constitution 2 3 4 5A Subheading 2. Political parties Subheading 3. Foreign affairs etc 7 Subheading 4. Public service 8 Subheading 5. Defence 9 Subheading 6. Treason Part II. Specific reservations Subheading 1. Preliminary Subheading 2. Reservations Head A. Financial and Economic Matters A1. Fiscal, economic and monetary policy Section A1 Exceptions A2. The currency Section A2 A3. Financial services Section A3 Exception A4. Financial markets Section A4 A5. Money laundering Section A5 Head B. Home Affairs B1. Misuse of drugs Section B1 B2. Data protection Section B2 Interpretation B3. Elections Section B3 Interpretation B4. Firearms Section B4 Exception B5. Entertainment Section B5 B6. Immigration and nationality Section B6 B7. Scientific procedures on live animals Section B7 B8. National security, interception of communications, official secrets and terrorism Section B8 Interpretation B9. Betting, gaming and lotteries Section B9 B10. Emergency powers Section B10 B11. Extradition Section B11 B12. Lieutenancies Section B12 B13. Access to information Section B13 Exception Head C. Trade and Industry C1. Business associations Section C1 Exceptions Interpretation C2. Insolvency Section C2 Exceptions Interpretation C3. Competition Section C3 Exception Interpretation C4. Intellectual property Section C4 Exception C5. Import and export control Section C5 Exceptions C6. Sea fishing Section C6 Interpretation C7. Consumer protection Section C7 Exception C8. Product standards, safety and liability Section C8 Exceptions C9. Weights and measures Section C9 C10. Telecommunications and wireless telegraphy Section C10 Exception C11. Posts Section C11 Exception Interpretation C12. Research Councils Section C12 Interpretation C13. Designation of assisted areas Section C13 C14. Industrial Development Advisory Board Section C14 C15. Protection of trading and economic interests Section C15 Head D. Energy D1. Electricity Section D1 Exception D2. Oil and gas Section D2 Exceptions D3. Coal Section D3 Exceptions D4. Nuclear energy Section D4 Exceptions D5. Energy conservation Section D5 Exception Head E. Transport E1. Road transport Section E1 Exceptions E2. Rail transport Section E2 Exceptions Interpretation E3. Marine transport Section E3 Exceptions E4. Air transport Section E4 Exceptions E5. Other matters Section E5 Interpretation Head F. Social Security F1. Social security schemes Section F1 Illustrations Exceptions Interpretation F2. Child support Section F2 Exception Interpretation F3. Occupational and personal pensions Section F3 Interpretation F4. War pensions Section F4 Interpretation Head G. Regulation of the Professions G1. Architects Section G1 G2. Health professions Section G2 Exceptions Interpretation G3. Auditors Section G3 Head H. Employment H1. Employment and industrial relations Section H1 Exception H2. Health and safety Section H2 Interpretation H3. Job search and support Section H3 Exception Head J. Health and Medicines J1. Abortion Section J1 J2. Xenotransplantation Section J2 J3. Embryology, surrogacy and genetics Section J3 J4. Medicines, medical supplies and poisons Section J4 Interpretation J5. Welfare foods Section J5 Head K. Media and Culture K1. Broadcasting Section K1 K2. Public lending right Section K2 K3. Government Indemnity Scheme Section K3 K4. Property accepted in satisfaction of tax Section K4 Head L. Miscellaneous L1. Judicial remuneration Section L1 L2. Equal opportunities Section L2 Exceptions Interpretation L3. Control of weapons Section L3 L4. Ordnance survey Section L4 L5. Time Section L5 Exceptions L6. Outer space Section L6 L7. Antarctica Section L7 Interpretation Part III. General Provisions Subheading 1. Scottish public authorities 1 Subheading 2. Reserved bodies 3 Subheading 3. Financial assistance to industry 4 Subheading 4. Interpretation 5 Schedule 6. Devolution issues Part I. Preliminary Part II. Proceedings in Scotland Subheading 1. Application of Part II Subheading 2. Institution of proceedings 4 Subheading 3. Intimation of devolution issue Subheading 4. Reference of devolution issue to higher court Subheading 5. References from superior courts to Supreme Court Subheading 6. Appeals from superior courts to Supreme Court Part III. Proceedings in England and Wales Subheading 1. Application of Part III Subheading 2. Institution of proceedings 15 Subheading 3. Notice of devolution issue Subheading 4. Reference of devolution issue to High Court or Court of Appeal 19 Subheading 5. Appeals from superior courts to Supreme Court Part IV. Proceedings in Northern Ireland Subheading 1. Application of Part IV Subheading 2. Institution of proceedings 25 Subheading 3. Notice of devolution issue Subheading 4. Reference of devolution issue to Court of Appeal Subheading 5. References from Court of Appeal to Supreme Court Subheading 6. Appeals from Court of Appeal to Supreme Court Part V. General Subheading 1 Subheading 2. Direct references to Supreme Court 35 Subheading 3. Expenses 36 Subheading 4. Procedure of courts and tribunals Subheading 5. Interpretation Schedules 7-9. [Schedules 7-9 omitted due to length – full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/1998/46/schedules] Human Rights Act 1998 Preamble Subheading 1. Introduction 1. The Convention Rights 2. Interpretation of Convention rights Subheading 2. Legislation 3. Interpretation of legislation 4. Declaration of incompatibility 5. Right of Crown to intervene Subheading 3. Public authorities 6. Acts of public authorities 7. Proceedings 8. Judicial remedies 9. Judicial acts Subheading 4. Remedial action 10. Power to take remedial action Subheading 5. Other rights and proceedings 11. Safeguard for existing human rights 12. Freedom of expression 13. Freedom of thought, conscience and religion Subheading 6. Derogations and reservations 14. Derogations 15. Reservations 16. Period for which designated derogations have effect 17. Periodic review of designated reservations Subheading 7. Judges of the European Court of Human Rights 18. Appointment to European Court of Human Rights Subheading 8. Parliamentary procedure 19. Statements of compatibility Subheading 9. Supplemental 20. Orders etc. under this Act 21. Interpretation, etc 22. Short title, commencement, application and extent SCHEDULES SCHEDULE 1. The Articles PART I. The Convention Rights and Freedoms Article 2. Right to life Article 3. Prohibition of torture Article 4. Prohibition of slavery and forced labour Article 5. Right to liberty and security Article 6. Right to a fair trial Article 7. No punishment without law Article 8. Right to respect for private and family life Article 9. Freedom of thought, conscience and religion Article 10. Freedom of expression Article 11. Freedom of assembly and association Article 12. Right to marry Article 14. Prohibition of discrimination Article 16. Restrictions on political activity of aliens Article 17. Prohibition of abuse of rights Article 18. Limitation on use of restrictions on rights Part II. The First Protocol Article 1. Protection of property Article 2. Right to education Article 3. Right to free elections PART III. THE THIRTEENTH PROTOCOL Article 1. Abolition of the death penalty SCHEDULE 2. Remedial Orders Subheading 1. Orders 1 Subheading 2. Procedure Subheading 3. Orders laid in draft 3 Subheading 4. Urgent cases 4 Subheading 5. Definitions Subheading 6. Calculating periods 7 SCHEDULE 3. Derogation and Reservation Part I Part II. Reservation SCHEDULE 4. Judicial Pensions Subheading 1. Duty to make orders about pensions 1 Subheading 2. Contributions Subheading 3. Amendments of other enactments Subheading 4. Definitions House of Lords Act 1999 Preamble 1. Exclusion of hereditary peers 2. Exception from section 1 3. Removal of disqualifications in relation to the House of Commons 4. Amendments and repeals 5. Commencement and transitional provision 6. Interpretation and short title [Schedules omitted due to length – full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/1999/34/schedules] Constitutional Reform Act 2005 Preamble Part 1. The rule of law 1. The rule of law Part 2. Arrangements to modify the office of Lord Chancellor Subheading 1. Qualifications for office of Lord Chancellor 2. Lord Chancellor to be qualified by experience Subheading 2. Continued judicial independence 3. Guarantee of continued judicial independence 4. Guarantee of continued judicial independence: Northern Ireland Subheading 3. Representations by senior judges 5. Representations to Parliament 6. Representations to the Northern Ireland Assembly Subheading 4. Judiciary and courts in England and Wales 7. President of the Courts of England and Wales 8. Head and Deputy Head of Criminal Justice 9. Head and Deputy Head of Family Justice Subheading 5. Judiciary and courts in Northern Ireland 11. Lord Chief Justice of Northern Ireland Subheading 6. Other provisions about the judiciary and courts 12. Powers to make rules 13. Powers to give directions 14. Transfer of appointment functions to Her Majesty 15. Other functions of the Lord Chancellor and organisation of the courts 16. Functions of the Lord Chief Justice during vacancy or incapacity Subheading 7. Lord Chancellor’s oath 17. Lord Chancellor’s oath Subheading 8. Speakership of the House of Lords 18. Speakership of the House of Lords Subheading 9. Functions subject to transfer, modification or abolition 19. Transfer, modification or abolition of functions by order 20. Protected functions not transferable under Ministers of the Crown Act 1975 21. Amendment of Schedule 7 Subheading 10. Supplementary 22. Transfers: supplementary Part 3. The Supreme Court Subheading 1. The Supreme Court 23. The Supreme Court 24. First members of the Court Subheading 2. Appointment of judges 25. Qualification for appointment 26. Selection of members of the Court 27. Selection process 27A. Regulations about selection process 27B. Selection guidance: supplementary Subheading 3. Terms of appointment 32. Oath of allegiance and judicial oath 33. Tenure 34. Salaries and allowances 35. Resignation and retirement 36. Medical retirement 37. Pensions Subheading 4. Acting judges 38. Acting judges 39. Supplementary panel Subheading 5. Jurisdiction, relation to other courts etc 40. Jurisdiction 41. Relation to other courts etc Subheading 6. Composition for proceedings 42. Composition 43. Changes in composition Subheading 7. Practice and procedure 44. Specially qualified advisers 45. Making of rules 46. Procedure after rules made 47. Photography etc Subheading 8. Staff and resources 48. Chief executive 49. Officers and staff 50. Accommodation and other resources 51. System to support Court in carrying on business Subheading 8A. Court Security 51A. Security officers 51B. Powers of search, exclusion, removal and restraint 51C. Surrender, seizure and retention of knives and other articles 51D. Regulations about retention of knives and other articles 51E. Assaulting and obstructing Supreme Court security officers Subheading 9. Fees 52. Fees 53. Fees: supplementary Subheading 10. Annual report 54. Annual report Subheading 11. Supplementary 55. Seal 56. Records of the Supreme Court 57. Proceedings under jurisdiction transferred to the Supreme Court 58. Northern Ireland Act 1998: excepted and reserved matters relating to the Supreme Court 59. Renaming of Supreme Courts of England and Wales and Northern Ireland 60. Interpretation of Part 3 Part 4. Judicial appointments and discipline Chapter 1. Commission and Ombudsman 61. The Judicial Appointments Commission 62. Judicial Appointments and Conduct Ombudsman Chapter 2. Appointments Subheading 1. General provisions 63. Merit and good character 64. Encouragement of diversity 65. Guidance about procedures 66. Guidance: supplementary Subheading 2. Lord Chief Justice and Heads of Division 67. Selection of Lord Chief Justice and Heads of Division 68. Duty to fill vacancies 69. Request for selection 70. Selection process 71. [Omitted] 71A. [Omitted] 71B. [Omitted] 72. [Omitted] 73. [Omitted] 74. [Omitted] 75. [Omitted] Subheading 3. Senior President of Tribunals 75A. Sections 75B to 75G apply where request made for selection 75B. Selection process 75C. [Omitted] 75D. [Omitted] 75E. [Omitted] 75F. [Omitted] 75G. [Omitted] Subheading 4. Lords Justices of Appeal 76. Selection of Lords Justices of Appeal 77. Duty to fill vacancies 78. Request for selection 79. Selection process 80. [Omitted] 81. [Omitted] 82. [Omitted] 83. [Omitted] 84. [Omitted] Subheading 5. Puisne judges and other office holders 85. Selection of puisne judges and other office holders 86. Duty to fill vacancies 87. Request for selection 88. Selection process 89. [Omitted] 90. [Omitted] 91. [Omitted] 92. [Omitted] 93. [Omitted] 94. Power to require persons to be identified for future requests 94A. Appointments not subject to section 85: courts Table Row 1 Column 1 Column 2 Row 2 Column 1 Column 2 Row 3 Column 1 Column 2 94AA. Appointments not subject to section 85: High Court deputy judge 94B. Appointments not subject to section 85: tribunals Table Row 1 Column 1 Column 2 Row 2 Row 3 Row 4 Column 1 Column 2 Row 5 Column 1 Column 2 Row 6 Column 1 Column 2 Row 7 Column 1 Column 2 Row 8 Column 1 Column 2 Row 9 Column 1 Column 2 Subheading 6. Supplementary provisions about selection 94C. Selection Process 95. Withdrawal and modification of requests 96. [Omitted] 97. Scotland and Northern Ireland Subheading 7. Assistance in connection with other appointments 98. Assistance in connection with other appointments Subheading 8. Complaints and references 99. Complaints: interpretation 100. Complaints to the Commission or the Lord Chancellor 101. Complaints to the Ombudsman 102. Report and recommendations 103. Report procedure 104. References by the Lord Chancellor 105. Information Subheading 9. Miscellaneous 106. Consultation on appointment of lay justices 107. Disclosure of information to the Commission Chapter 3. Discipline 108. Disciplinary powers 109. Disciplinary powers: interpretation Subheading 1. Applications for review and references 110. Applications to the Ombudsman 111. Review by the Ombudsman 112. Reports on reviews 113. References to the Ombudsman relating to conduct 114. Reports on references Subheading 2. General 115. Regulations about procedures 116. Contents of regulations 117. Procedural rules 118. Extension of discipline provisions to other offices 119. Delegation of functions Subheading 3. Scotland and Northern Ireland 120. Scotland 121. Northern Ireland Chapter 4. Interpretation of Part 4 122. Interpretation of Part 4 Part 5. Judicial Appointments and Removals: Northern Ireland Chapter 1. Appointments Subheading 1. Disclosure of information to Commission 123. Disclosure of information to the Northern Ireland Judicial Appointments Commission Subheading 2. Ombudsman 124. Northern Ireland Judicial Appointments Ombudsman Subheading 3. Complaints and references 125. Complaints: interpretation 126. Complaints to the Commission or the Lord Chancellor 127. Complaints to the Ombudsman 128. Report and recommendations 129. Report procedure 130. References by the Lord Chancellor 131. Information 132. Confidentiality in relation to judicial appointments and discipline Chapter 2. Removals 133. Removal from most senior judicial offices 134. Removal from listed judicial offices 135. Tribunals for considering removal 136. Interpretation of Part 5 Part 6. Other provisions relating to the judiciary 137. Parliamentary disqualification 137A. Encouragement of diversity 138. Judicial Committee of the Privy Council Part 7. General 139. Confidentiality 140. Enactment 141. Subordinate legislation 142. General interpretation 143. Supplementary provision etc 144. Orders and regulations 145. Minor and consequential amendments 146. Repeals and revocations 147. Extent 148. Commencement 149. Short title Government of Wales Act 2006 Preamble Part 1. National Assembly for Wales Subheading 1. The Assembly 1. The Assembly 2. Assembly constituencies and electoral regions Subheading 2. General Elections 3. Ordinary general elections 4. Power to vary date of ordinary general election 5. Extraordinary general elections 6. Voting at general elections 7. Candidates at general elections 8. Calculation of electoral region figures 9. Allocation of seats to electoral region members Subheading 3. Vacancies 10. Constituency vacancies 11. Electoral region vacancies Subheading 4. Franchise and conduct of elections 12. Entitlement to vote 13. Power to make provision about elections etc Subheading 5. Duration of membership 14. Term of office of Assembly members 15. Resignation of members Subheading 6. Disqualification 16. Disqualification from being Assembly member 17. Exceptions and relief from disqualification 18. Effect of disqualification 19. Judicial proceedings as to disqualification Subheading 7. Remuneration, oaths etc 20. Remuneration of Assembly members 21. Limit on salaries of Assembly members 22. Remuneration: supplementary 23. Oath or affirmation of allegiance 24. Assistance to groups of Assembly members Subheading 8. Presiding Officer and administration 25. Presiding Officer etc 26. Clerk of Assembly 27. Assembly Commission Subheading 9. Committees 28. Committees and sub-committees 29. Composition of committees 30. Audit Committee Subheading 10. Proceedings etc 31. Standing orders 32. Participation by UK Ministers etc 33. Consultation about UK Government’s legislative programme 34. Participation by Counsel General 35. Equality of treatment 36. Integrity Subheading 11. Witnesses and documents 37. Power to call 38. Notice 39. Offences 40. General Subheading 12. Legal issues 41. Proceedings by or against Assembly etc 42. Defamation 43. Contempt of court 44. Corrupt practices Part 2. Welsh Assembly Government Subheading 1. Government 45. Welsh Assembly Government Subheading 2. Ministers, staff etc 46. The First Minister 47. Choice of First Minister 48. Welsh Ministers 49. Counsel General 50. Deputy Welsh Ministers 51. Limit on number of Ministers 52. Staff Subheading 3. Remuneration, oaths etc 53. Remuneration 54. Remuneration: supplementary 55. Oath or affirmation Subheading 4. Functions 56. Introduction 57. Exercise of functions 58. Transfer of Ministerial functions 59. Implementation of EU law 60. Promotion etc. of well-being 61. Support of culture etc 62. Representations about matters affecting Wales 63. Consultation about cross-border bodies 64. Polls for ascertaining views of the public 65. Private bills 66. Provision of information to Treasury 67. Legal proceedings 68. Contracts 69. Charges for documents 70. Financial assistance 71. Supplementary Subheading 5. Inclusive” approach to exercise of functions 72. Partnership Council 73. Local government scheme 74. Voluntary sector scheme 75. Business scheme 76. Regulatory impact assessments 77. Equality of opportunity 78. The Welsh language 79. Sustainable development Subheading 6. EU law, human rights and international obligations etc 80. EU law 81. Human rights 82. International obligations etc Subheading 7. Functions: supplementary 83. Agency arrangements and provision of services 84. Different exercise of functions by Welsh Ministers etc 85. Construction of references to Ministers and departments 86. Laying of reports and statements Subheading 8. Property, rights and liabilities 87. Property, rights and liabilities of Welsh Ministers etc 88. Transfer of Ministerial property, rights and liabilities Subheading 9. Supplementary 89. Rights and liabilities of the Crown in different capacities 90. Documents 91. Validity of acts 92. Official secrets Part 3. Assembly Measures Subheading 1. Power 93. Assembly Measures 94. Legislative competence 95. Legislative competence: supplementary 96. Scrutiny of proposed Orders in Council Subheading 2. Procedure 97. Introduction of proposed Assembly Measures 98. Proceedings on proposed Assembly Measures 99. Scrutiny of proposed Assembly Measures by Supreme Court 100. ECJ references 101. Power to intervene in certain cases 102. Approval of proposed Assembly Measures Part 4. Acts of the Assembly Subheading 1. Referendum 103. Referendum about commencement of Assembly Act provisions 104. Proposal for referendum by Assembly 105. Commencement of Assembly Act provisions 106. Effect on Measures of commencement of Assembly Act provisions 106A. Enactment of proposed Assembly Measures 107. Acts of the Assembly 108. Legislative competence 109. Legislative competence: supplementary Subheading 2. Procedure 110. Introduction of Bills 111. Proceedings on Bills 112. Scrutiny of Bills by Supreme Court 113. ECJ references 114. Power to intervene in certain cases 115. Royal Assent 116. Welsh Seal and Letters Patent Part 5. Finance Subheading 1. Welsh Consolidated Fund 117. Welsh Consolidated Fund Subheading 2. Payments into Welsh Consolidated Fund 118. Grants 119. Statement of estimated payments 120. Destination of receipts Subheading 3. Borrowing 121. Borrowing by Welsh Ministers 122. Lending by Secretary of State 123. Accounts relating to loans Subheading 4. Expenditure 124. Payments out of Welsh Consolidated Fund 125. Annual Budget motions 126. Supplementary Budget motions 126A. Inclusion in Budget motions of resources used by designated bodies 127. Appropriation without Budget resolution 128. Contingencies 129. Approvals to draw 130. Payments in by mistake Subheading 5. Financial accountability of Welsh Ministers 131. Welsh Ministers’ accounts 132. Account relating to Welsh Consolidated Fund 133. Accounting officers for Welsh Ministers 134. Accounts of subsidiaries of Welsh Ministers 135. Examinations into Welsh Ministers’ use of resources 136. Examinations by Comptroller and Auditor General Subheading 6. Financial accountability of Assembly Commission 137. Assembly Commission’s accounts 138. Accounting officers for Assembly Commission 139. Accounts of subsidiaries of Assembly Commission 140. Examinations into Assembly Commission’s use of resources Subheading 7. Whole of Government of Wales accounts 141. Whole of government accounts: Welsh Ministers 142. Functions of Auditor General Subheading 8. Treatment of accounts and audit reports etc 143. Audit Committee reports 144. Publication of accounts and audit reports etc Subheading 9. Auditor General for Wales 145. Auditor General Part 6. Miscellaneous and supplementary Subheading 1. Welsh public records 146. Status of Welsh public records 147. Transfer of responsibility 148. Meaning of “Welsh public records Subheading 2. Miscellaneous 149. Resolution of devolution issues 150. Power to make consequential provision 151. Power to remedy ultra vires acts 152. Intervention in case of functions relating to water etc 153. Power to vary retrospective decisions 154. Interpretation of legislation 155. Functions exercisable in relation to Wales 156. English and Welsh texts of legislation Subheading 3. Supplementary 157. Orders and directions 158. Interpretation 159. Index of defined expressions 160. Minor and consequential amendments 161. Commencement 162. Transitional etc. provision 163. Repeals and revocations 164. Financial provision 165. Extent 166. Short title Schedules Schedules 1-4. [Schedules 1-4 omitted due to length – full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/2006/32/schedules] Schedule 5. Assembly Measures Part 1. Matters Field 1. agriculture, fisheries, forestry and rural development Matter 1.1 Interpretation of this field Field 2. ancient monuments and historic buildings Matter 2.1 Field 3. culture Matter 3.1 Field 4. economic development Field 5. education and training Matter 5.1 Matter 5.2 Matter 5.2A Matter 5.2B Matter 5.2C Matter 5.3 Matter 5.4A Matter 5.5 Matter 5.6 Matter 5.7 Matter 5.8 Matter 5.9 Matter 5.10 Matter 5.11 Matter 5.12 Matter 5.13 Matter 5.14 Matter 5.15 Matter 5.16 Matter 5.17 Matter 5.18 Interpretation of this field Field 6. environment Matter 6.1 Matter 6.2 Matter 6.3 Matter 6.4 Exclusions 1. Not included in matters 6.1, 6.2, 6.3 and 6.4 Exclusions 2. Not included in matters 6.1 and 6.2 Exclusions 3. Not included in matters 6.3 and 6.4 Definitions 1. Meaning of “pollution” Definitions 2 Field 7. fire and rescue services and promotion of fire safety Field 8. food Field 9. health and health services Matter 9.1 Matter 9.2 Interpretation of this field Field 10. highways and transport Matter 10.1 Matter 10.2 Interpretation of this field Field 11. housing Matter 11.1 Matter 11.2 Matter 11.3 Matter 11.4 Matter 11.5 Matter 11.6 Matter 11.7 Matter 11.8 Interpretation of this field Field 12. local government Matter 12.1 Matter 12.2 Matter 12.3 Matter 12.4 Matter 12.5 Matter 12.6 Matter 12.7 Matter 12.8 Matter 12.9 Matter 12.10 Matter 12.11 Matter 12.12 Matter 12.13 Matter 12.14 Matter 12.15 Matter 12.16 Matter 12.17 Matter 12.18 Interpretation of this field Field 13. National Assembly for Wales Matter 13.1 Matter 13.2 Matter 13.3 Matter 13.4 Matter 13.5 Matter 13.6 Field 14. public administration Matter 14.1 Field 15. social welfare Matter 15.1 Matter 15.2 Matter 15.3 Matter 15.4 Matter 15.5 Matter 15.6 Matter 15.7 Matter 15.8 Matter 15.9 Matter 15.10 Interpretation of this field Field 16. sport and recreation Matter 16.1 Matter 16.2 Matter 16.3 Matter 16.4 Interpretation of this field Field 17. tourism Field 18. town and country planning Matter 18.1 Matter 18.2 Matter 18.3 Interpretation of this field Field 19. water and flood defence Field 20. Welsh language Matter 20.1 Matter 20.2 Interpretation of this field Part 2. Exceptions to Matters and General Restrictions Title 1. Exceptions to matters Field 3 of Part 1. Culture Field 4 of Part 1. Economic development Field 10 of Part 1. Highways and transport Field 15 of Part 1. Social Welfare Field 16 of Part 1. Sport and recreation Field 19 of Part 1. Water and flood defence Title 2. General Restrictions Subheading 1. Functions of Ministers of the Crown 1 Subheading 2. Criminal offences 2 Subheading 3. Police areas Subheading 4. Enactments other than this Act 3 Table Row 1 Column 1 Column 2 Row 2 Column 1 Column 2 Row 3 Column 1 Column 2 Row 4 Column 1 Column 2 Row 5 Column 1 Column 2 Row 6 Column 1 Column 2 Subheading 5. This Act 6 Part 3. Exceptions from General Restrictions in Part 2 Subheading 1. Interpretation Subheading 2. Functions of Ministers of the Crown 7 Subheading 3. Police areas Subheading 4. Comptroller and Auditor General and National Audit Office Subheading 5. Restatement Subheading 6. Subordinate Legislation Subheading 7. Data Protection Act 1998 Schedule 6. [Schedule 6 omitted due to length – full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/2006/32/schedules] Schedule 7. Acts of the Assembly Part 1. Subjects Subheading 1. Agriculture, forestry, animals, plants and rural development Exceptions Subheading 2. Ancient monuments and historic buildings Subheading 3. Culture Exceptions Subheading 4. Economic development Exceptions Subheading 5. Education and Training Exception Subheading 6. Environment Subheading 7. Fire and rescue services and fire safety Subheading 8. Food Subheading 9. Health and health services Exceptions Subheading 10. Highways and transport Exceptions Subheading 11. Housing Subheading 12. Local Government Exceptions Subheading 13. National Assembly for Wales Subheading 14. Public administration Exception Subheading 15. Social welfare Exceptions Subheading 16. Sport and recreation Exception Subheading 17. Tourism Subheading 18. Town and country planning Exception Subheading 19. Water and flood defence Exceptions Subheading 20. Welsh Language Exception Part 2. General Restrictions Subheading 1. Functions of a Minister of the Crown 1 Subheading 2. Enactments other than this Act 2 Table Row 1 Column 2 Row 2 Column 1 Column 2 Row 3 Column 1 Column 2 Row 4 Column 1 Column 2 Row 5 Column 1 Column 2 Row 6 Column 1 Column 2 Row 7 Column 1 Column 2 Subheading 3. This Act 5 Part 3. Exceptions from Part 2 Subheading 1. Functions of Ministers of the Crown 6 Subheading 2. Comptroller and Auditor General and National Audit Office Subheading 3. Restatement Subheading 4. Subordinate legislation SCHEDULE 8. [Schedule 8 omitted due to length – full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/2006/32/schedules] Schedule 9. Devolution Issues Part 1. Preliminary 1 Part 2. Proceedings in England and Wales Subheading 1. Application of Part 2 Subheading 2. Institution of proceedings 4 Subheading 3. Notice of devolution issue 5 Subheading 4. Reference of devolution issue to High Court or Court of Appeal 7 Subheading 5. References from Court of Appeal to Supreme Court Subheading 6. Appeals from superior courts to Supreme Court Part 3. Proceedings in Scotland Subheading 1. Application of Part 3 Subheading 2. Institution of proceedings 13 Subheading 3. Intimation of devolution issue 14 Subheading 4. Reference of devolution issue to higher court Subheading 5. References from superior courts to Supreme Court Subheading 6. Appeals from superior courts to Supreme Court Part 4. Proceedings in Northern Ireland Subheading 1. Application of Part 4 Subheading 2. Institution of proceedings 23 Subheading 3. Notice of devolution issue 24 Subheading 4. Reference of devolution issue to Court of Appeal Subheading 5. References from Court of Appeal to Supreme Court Subheading 6. Appeals from Court of Appeal to Supreme Court Part 5. General Subheading 1. Direct references to Supreme Court 29 30 Subheading 2. Costs 31 Subheading 3. Procedure of courts and tribunals Subheading 4. References to be for decision Schedules 10-12. [Schedules 10-12 omitted due to length – full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/2006/32/schedules] Fixed-term Parliaments Act 2011 Preamble 1. Polling days for parliamentary general elections 2. Early parliamentary general elections 3. Dissolution of Parliament 4. General election for Scottish Parliament not to fall on same date as parliamentary general election under section 1(2) 5. General election for National Assembly for Wales not to fall on same date as parliamentary general election under section 1(2) 6. Supplementary provisions 7. Final provisions [Schedules omitted due to length – full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/2011/14/schedules]
Part V. PROBATE CAUSES AND MATTERS
Subheading 1. Procedure in probate registries in relation to grants of representation
105. Applications
Applications for grants of probate or administration and for the revocation of grants may be made to—
the Principal Registry of the Family Division (in this Part referred to as “the Principal Registry”); or
a district probate registry.
106. Grants by district probate registrars
Any grant made by a district probate registrar shall be made in the name of the High Court under the seal used in the registry.
[Repealed]
[Repealed]
[Repealed]
107. No grant where conflicting applications
Subject to probate rules, no grant in respect of the estate, or part of the estate, of a deceased person shall be made out of the Principal Registry or any district probate registry on any application if, at any time before the making of a grant, it appears to the registrar concerned that some other application has been made in respect of that estate or, as the case may be, that part of it and has not been either refused or withdrawn.
108. Caveats
A caveat against a grant of probate or administration may be entered in the Principal Registry or in any district probate registry.
On a caveat being entered in a district probate registry, the district probate registrar shall immediately send a copy of it to the Principal Registry to be entered among the caveats in that Registry.
109. Refusal of grant where capital transfer tax unpaid
No grant shall be made, and no grant made outside the United Kingdom shall be resealed, except—
on the production of information or documents under regulations under section 256(1)(aa) of the Inheritance Tax Act 1984 (excepted estates); or
on the production of an account prepared in pursuance of that Act showing by means of such receipt or certification as may be prescribed by the Commissioners either—
that the inheritance tax payable on the delivery of the account has been paid; or
that no such tax is so payable.
Arrangements may be made between the President of the Family Division and the Commissioners providing for the purposes of subsection (1)(b) in such cases as may be specified in the arrangements that the receipt of certification of an account may be dispensed with or that some other document may be substituted for the account required by the Capital Transfer Tax Act 1984.
In this section and the following section, “the Commissioners” means the Commissioners of Inland Revenue
[Repealed]
110. Documents to be delivered to Commissioners of Inland Revenue
Subject to any arrangements which may from time to time be made between the President of the Family Division and the Commissioners, the Principal Registry and every district probate registry shall, within such period after a grant as the President may direct, deliver to the Commissioners or their proper officer the following documents—
in the case of a grant of probate or of administration with the will annexed, a copy of the will;
in every case, such certificate or note of the grant as the Commissioners may require.
111. Records of grants
There shall continue to be kept records of all grants which are made in the Principal Registry or in any district probate registry.
Those records shall be in such form, and shall contain such particulars, as the President of the Family Division may direct.
Subheading 2. Powers of court in relation to personal representatives
112. Summons to executor to prove or renounce
The High Court may summon any person named as executor in a will to prove, or renounce probate of, the will, and to do such other things concerning the will as the court had power to order such a person to do immediately before the commencement of this Act.
113. Power of court to sever grant
Subject to subsection (2), the High Court may grant probate or administration in respect of any part of the estate of a deceased person, limited in any way the court thinks fit.
Where the estate of a deceased person is known to be insolvent, the grant of representation to it shall not be severed under subsection (1) except as regards a trust estate in which he had no beneficial interest.
114. Number of personal representatives
Probate or administration shall not be granted by the High Court to more than four persons in respect of the same part of the estate of a deceased person.
Where under a will or intestacy any beneficiary is a minor or a life interest arises, any grant of administration by the High Court shall be made either to a trust corporation (with or without an individual) or to not less than two individuals, unless it appears to the court to be expedient in all the circumstances to appoint an individual as sole administrator.
For the purpose of determining whether a minority or life interest arises in any particular case, the court may act on such evidence as may be prescribed.
If at any time during the minority of a beneficiary or the subsistence of a life interest under a will or intestacy there is only one personal representative (not being a trust corporation), the High Court may, on the application of any person interested or the guardian or receiver of any such person, and in accordance with probate rules, appoint one or more additional personal representatives to act while the minority or life interest subsists and until the estate is fully administered.
An appointment of an additional personal representative under subsection (4) to act with an executor shall not have the effect of including him in any chain of representation.
115. Grants to trust corporations
The High Court may—
where a trust corporation is named in a will as executor, grant probate to the corporation either solely or jointly with any other person named in the will as executor, as the case may require; or
grant administration to a trust corporation, either solely or jointly with another person;
and the corporation may act accordingly as executor or administrator, as the case may be.
Probate or administration shall not be granted to any person as nominee of a trust corporation.
Any officer authorised for the purpose by a trust corporation or its directors or governing body may, on behalf of the corporation, swear affidavits, give security and do any other act which the court may require with a view to the grant to the corporation of probate or administration; and the acts of an officer so authorised shall be binding on the corporation.
Subsections (1) to (3) shall also apply in relation to any body which is exempt from the provisions of section 23(1) of the Solicitors Act 1974 (unqualified persons not to prepare papers for probate etc.) by virtue of any of paragraphs (e) to (h) of subsection (2) of that section.
116. Power of court to pass over prior claims to grant
If by reason of any special circumstances it appears to the High Court to be necessary or expedient to appoint as administrator some person other than the person who, but for this section, would in accordance with probate rules have been entitled to the grant, the court may in its discretion appoint as administrator such person as it thinks expedient.
Any grant of administration under this section may be limited in any way the court thinks fit.
117. Administration pending suit
Where any legal proceedings concerning the validity of the will of a deceased person, or for obtaining, recalling or revoking any grant, are pending, the High Court may grant administration of the estate of the deceased person in question to an administrator pending suit, who shall, subject to subsection (2), have all the rights, duties and powers of a general administrator.
An administrator pending suit shall be subject to the immediate control of the court and act under its direction; and, except in such circumstances as may be prescribed, no distribution of the estate, or any part of the estate, of the deceased person in question shall be made by such an administrator without the leave of the court.
The court may, out of the estate of the deceased, assign an administrator pending suit such reasonable remuneration as it thinks fit.
118. Effect of appointment of minor as executor
Where a testator by his will appoints a minor to be an executor, the appointment shall not operate to vest in the minor the estate, or any part of the estate, of the testator, or to constitute him a personal representative for any purpose, unless and until probate is granted to him in accordance with probate rules.
119. Administration with will annexed
Administration with the will annexed shall be granted, subject to and in accordance with probate rules, in every class of case in which the High Court had power to make such a grant immediately before the commencement of this Act.
Where administration with the will annexed is granted, the will of the deceased shall be performed and observed in the same manner as if probate of it had been granted to an executor.
120. Power to require administrators to produce sureties
As a condition of granting administration to any person the High Court may, subject to the following provisions of this section and subject to and in accordance with probate rules, require one or more sureties to guarantee that they will make good, within any limit imposed by the court on the total liability of the surety or sureties, any loss which any person interested in the administration of the estate of the deceased may suffer in consequence of a breach by the administrator of his duties as such.
A guarantee given in pursuance of any such requirement shall enure for the benefit of every person interested in the administration of the estate of the deceased as if contained in a contract under seal made by the surety or sureties with every such person and, where there are two or more sureties, as if they had bound themselves jointly and severally.
No action shall be brought on any such guarantee without the leave of the High Court.
Stamp duty shall not be chargeable on any such guarantee.
This section does not apply where administration is granted to the Treasury Solicitor, the Official Solicitor, the Public Trustee, the Solicitor for the affairs of the Duchy of Lancaster or the Duchy of Cornwall or the Crown Solicitor for Northern Ireland, or to the consular officer of a foreign state to which section 1 of the Consular Conventions Act 1949 applies, or in such other cases as may be prescribed.
Subheading 3. Revocation of grants and cancellation of resealing at instance of court
121. Revocation of grants and cancellation of resealing at instance of court
Where it appears to the High Court that a grant either ought not to have been made or contains an error, the court may call in the grant and, if satisfied that it would be revoked at the instance of a party interested, may revoke it.
A grant may be revoked under subsection (1) without being called in, if it cannot be called in.
Where it appears to the High Court that a grant resealed under the Colonial Probates Acts 1892 and 1927 ought not to have been resealed, the court may call in the relevant document and, if satisfied that the resealing would be cancelled at the instance of a party interested, may cancel the resealing. In this and the following subsection “the relevant document” means the original grant or, where some other document was sealed by the court under those Acts, that document.
A resealing may be cancelled under subsection (3) without the relevant document being called in, if it cannot be called in.
Subheading 4. Ancillary powers of court
122. Examination of person with knowledge of testamentary document
Where it appears that there are reasonable grounds for believing that any person has knowledge of any document which is or purports to be a testamentary document, the High Court may, whether or not any legal proceedings are pending, order him to attend for the purpose of being examined in open court.
The court may—
require any person who is before it in compliance with an order under subsection (1) to answer any question relating to the document concerned; and
if appropriate, order him to bring in the document in such manner as the court may direct.
Any person who, having been required by the court to do so under this section, fails to attend for examination, answer any question or bring in any document shall be guilty of contempt of court.
123. Subpoena to bring in testamentary document
Where it appears that any person has in his possession, custody or power any document which is or purports to be a testamentary document, the High Court may, whether or not any legal proceedings are pending, issue a subpoena requiring him to bring in the document in such manner as the court may in the subpoena direct.
Subheading 5. Provisions as to documents
124. Place for deposit of original wills and other documents
All original wills and other documents which are under the control of the High Court in the Principal Registry or in any district probate registry shall be deposited and preserved in such places as may be provided for in directions given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005; and any wills or other documents so deposited shall, subject to the control of the High Court and to probate rules, be open to inspection.
125. Copies of wills and grants
An office copy, or a sealed and certified copy, of any will or part of a will open to inspection under section 124 or of any grant may, on payment of the fee prescribed by an order under section 92 of the Courts Act 2003 (fees), be obtained—
from the registry in which in accordance with section 124 the will or documents relating to the grant are preserved; or
where in accordance with that section the will or such documents are preserved in some place other than a registry, from the Principal Registry; or
subject to the approval of the Senior Registrar of the Family Division, from the Principal Registry in any case where the will was proved in or the grant was issued from a district probate registry.
126. Depositories for wills of living persons
There shall be provided, under the control and direction of the High Court, safe and convenient depositories for the custody of the wills of living persons; and any person may deposit his will in such a depository on payment of the fee prescribed by an order under section 92 of the Courts Act 2003 (fees) and subject to such conditions as may be prescribed by regulations made by the President of the Family Division with the concurrence of the Lord Chancellor.
Any regulations made under this section shall be made by statutory instrument which shall be laid before Parliament after being made; and the Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations under this section in like manner as if they had been made by a Minister of the Crown.
Subheading 6. Probate rules
127. Probate rules
Rules of court (in this Part referred to as “probate rules”) may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 for regulating and prescribing the practice and procedure of the High Court with respect to non-contentious or common form probate business.
Without prejudice to the generality of subsection (1), probate rules may make provision for regulating the classes of persons entitled to grants of probate or administration in particular circumstances and the relative priorities of their claims thereto.
[Repealed]
Subheading 7. Interpretation of Part V and other probate provisions
128. Interpretation of Part V and other probate provisions
In this part, and in the other provisions of this Act relating to probate causes and matters, unless the context otherwise requires—
“administration” includes all letters of administration of the effects of deceased persons, whether with or without a will annexed, and whether granted for general, special or limited purposes;
“estate” means real and personal estate, and “real estate” includes—
chattels real and land in possession, remainder or reversion and every interest in or over land to which the deceased person was entitled at the time of his death, and
real estate held on trust or by way of mortgage or security, but not money secured or charged on land;
“grant” means a grant of probate or administration;
“non-contentious or common form probate business” means the business of obtaining probate and administration where there is no contention as to the right thereto, including—
the passing of probates and administrations through the High Court in contentious cases where the contest has been terminated,
all business of a non-contentious nature in matters of testacy and intestacy not being proceedings in any action, and
the business of lodging caveats against the grant of probate or administration;
“Principal Registry” means the Principal Registry of the Family Division;
“probate rules” means rules of court made under section 127;
“trust corporation” means the Public Trustee or a corporation either appointed by the court in any particular case to be a trustee or authorised by rules made under section 4(3) of the Public Trustee Act 1906 to act as a custodian trustee;
“will” includes a nuncupative will and any testamentary document of which probate may be granted.
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