The Administration of Justice Act 1977 is an
Act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
.
Part I - General
Section 6 - Temporary additional judges for Employment Appeal Tribunal
This section was repealed by section 159(3) of, and Schedule 17 to, the
Employment Protection (Consolidation) Act 1978
The Employment Protection (Consolidation) Act 1978 was a UK Act of Parliament that formed a central part of UK labour law. Its descendant is the Employment Rights Act 1996. It consolidated two pieces of legislation, the Contracts of Employment ...
.
Section 8 - Oaths and affirmations
This section was repealed on 31 July 1978 by Part I of the Schedule to the
Oaths Act 1978
The Oaths Act 1978 (c 19) is an Act of the Parliament of the United Kingdom.
Part I of the Act applies to England, Wales and Northern Ireland.
Section 1 provides that an oath may be administered by the person taking the oath holding the New ...
.
Part II - England and Wales
Section 9 - Appeals
This section was repealed by section 152(4) of, and Schedule 7 to, the
Senior Courts Act 1981
The Senior Courts Act 1981 (c.54), originally named the Supreme Court Act 1981, is an Act of the Parliament of the United Kingdom.
The Act prescribes the structure and jurisdictions of the Senior Courts of England and Wales (previously known as ...
.
Section 10 - Appointment to office
This section was repealed by section 152(4) of, and Schedule 7 to, the
Senior Courts Act 1981
The Senior Courts Act 1981 (c.54), originally named the Supreme Court Act 1981, is an Act of the Parliament of the United Kingdom.
The Act prescribes the structure and jurisdictions of the Senior Courts of England and Wales (previously known as ...
.
Section 23 - Jurisdiction of ancient courts
This section, with Schedule 4 and Part V of Schedule 5, implemented recommendations made, in the report "Jurisdiction of Certain Ancient Courts", by the
Law Commission
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
. It provided that certain courts would cease to have jurisdiction to hear and determine legal proceedings, but could continue to sit and transact other business it could customarily transact. The courts affected were Courts Baron, Courts Leet, Customary Courts of the manor,
Courts of Pie Poudre,
Courts of the Staple,
Courts of the clerks of the markets (or clerk of the market),
Hundred Courts, Law Days,
Views of Frankpledge, Common law (or Sheriffs’) county courts as known before the passing of the
County Courts Act 1846
A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
, The Basingstoke Court of Ancient Demesne, The Coventry Court of Orphans, The Great Grimsby Foreign Court, The King’s Lynn Court of Tolbooth, In the City of London, the
Court of Husting The Court of Husting is a court that sat at the Guildhall, London, Guildhall in the City of London. It is believed to be the oldest court in the City of London and had the jurisdiction of a County Court (England and Wales), county court. Whilst the ...
and the Sheriffs’ Courts for the
Poultry Compter
Poultry Compter (also known as Poultry Counter) was a small prison that stood at Poultry, part of Cheapside in the City of London. The compter was used to lock up minor criminals and prisoners convicted under civil law and was run by the Ci ...
and the
Giltspur Street Compter
The Giltspur Street Compter was a compter or small prison, designed by English architect and surveyor George Dance the Younger, mainly used to hold debtors. It was in Giltspur Street, Smithfield, London, Smithfield, close to Newgate, in the City ...
, The Macclesfield Court of Portmote, The Maidstone Court of Conservancy, The Melcombe Regis Court of Husting, The Newcastle upon Tyne Courts of Conscience or Requests and Conservancy, The Norwich Court of Mayoralty, The Peterborough Dean and Chapter’s Court of Common Pleas, The Ramsey (Cambridgeshire) Court of Pleas, The Ripon Court Military, The Ripon Dean and Chapter’s Canon Fee Court, The St. Albans
Court of Requests
The Court of Requests was a minor equity court in England and Wales. It was instituted by King Richard III in his 1484 parliament. It first became a formal tribunal with some Privy Council elements under Henry VII, hearing cases from the poor an ...
, The Court of the Hundred, Manor and Borough of Tiverton, The York Courts of Husting, Guildhall and Conservancy, The Ancient Prescriptive Court of Wells, The Cheney (or Cheyney) Court of the
Bishop of Winchester
The Bishop of Winchester is the diocesan bishop of the Diocese of Winchester in the Church of England. The bishop's seat (''cathedra'') is at Winchester Cathedral in Hampshire. The Bishop of Winchester has always held ''ex officio'' (except dur ...
.
It also limited the Court of the Chancellor or Vice-Chancellor of Oxford University and the Cambridge University Chancellor’s Court to jurisdiction under the statutes of those Universities.
Section 26
From 1 February 1978, the provisions of section 26(2) relating to
mortgage cautions
A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any pu ...
, subject to any necessary modification, apply also to
sub-mortgage cautions. The Land Registration Rules 1977 (Sl 1977/2089) are consequential on section 26.
Part III - Other provisions
Section 32 - Citation etc
The following orders were made under section 32(6):
*The Administration of Justice Act 1977 (Commencement No. 1) Order 1977 (SI 1977/1405)
The Administration of Justice Act 1977 (Commencement No. 2) Order 1977(SI 1977/1490) (C 53)
*The Administration of Justice Act 1977 (Commencement No. 3) Order 1977 (SI 1977/1589)
*The Administration of Justice Act 1977 (Commencement No. 4) Order 1977 (SI 1977/2202)
*The Administration of Justice Act 1977 (Commencement No. 5) Order 1978 (SI 1978/810). Made on 6 June 1978.
*The Administration of Justice Act 1977 (Commencement No. 6) Order 1979 (SI 1979/972) (C 27)
[(1979]
21
The J.P. Weekly Law Digest 148 and 156
*The Administration of Justice Act 1977 (Commencement No. 7) Order 1980 (SI 1980/1981)
References
*
Halsbury's Statutes
''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Measur ...
, Third Edition. Volume 47. Continuation Volume 1977
Google Books 2008 Reissue. Volume 19(3)
Google Books*
Current Law Statutes Annotated 1977. Sweet & Maxwell. 1977
Google Books*Robert E Megarry and H W R Wade. The Law of Real Property. Fifth Edition. Stevens and Sons Limited. London. 1984. Pages 36, 221, 226, 227 and 550. Stuart Bridge and Martin J Dixon (eds). Eighth Edition. Sweet & Maxwell. 2012. Paragraphs 2-029, 4-110 and 4-111
p ccxxxix
*Cheshire and Burn's Modern Law of Real Property. Eighteenth Edition. Oxford University Press. Pages 1080 and 1081
p xxiii*A G Guest (ed). Chitty on Contracts. Twenty-Seventh Edition. Sweet & Maxwell. London. 1994. Volume 2 (Specific Contracts) (Common Law Library No 2). Paragraphs 33-104 and 33-173.
*Sealy and Milman. Annotated Guide to the Insolvency Legislation 2011. Fourteenth Edition. Sweet & Maxwell
p 275*Alec Samuels, "The Administration of Justice Act 1977" (1977) 127 New Law Journal 1079
*"Ancient courts" (1978) 122 Solicitors Journal 570; "Recent revisions" (1978) 122 Solicitors Journal 67
*(1977) 121 Solicitors Journal 580, 636, 667, 679, 683 and 702
*"County Court Rules: Amendment" (1978) 122 Solicitors Journal 52 and 22
(1978) 97 Law Notes 4
"County Courts County Court (Amendment No 4) Rules 1977" (1979) 128 New Law Journal 6
*"Registered Land", Journal of the Institute of Bankers, vols 97 to 100, p 2
Google Books*(1978) 97 Law Notes 45 and 186; (1979) 128 New Law Journal 11, 161, 607, 856; (1978) 142 Justice of the Peace 553
External links
The Administration of Justice Act 1977 as amended from the
The National Archives (United Kingdom), National Archives.
The Administration of Justice Act 1977 as originally enacted from the
The National Archives (United Kingdom), National Archives.
{{UK legislation
United Kingdom Acts of Parliament 1977