Administration of Justice Act 1977

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Administration of Justice Act 1977 [1]
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to make further provision with respect to the administration of justice and matters connected therewith, to alter the method of protecting mortgages of registered land and to amend the law relating to oaths and affirmations and to the interest of a surviving spouse in an intestate’s estate.
Citation 1977 c. 38
Dates
Royal assent 29 July 1977
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Administration of Justice Act 1977 [1] (c. 38) is an act of the Parliament of the United Kingdom.

Contents

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This section was repealed by section 159(3) of, and Schedule 17 to, the Employment Protection (Consolidation) Act 1978.

Section 8 - Oaths and affirmations

This section was repealed on 31 July 1978 by Part I of the Schedule to the Oaths Act 1978.

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This section was repealed by section 152(4) of, and Schedule 7 to, the Senior Courts Act 1981.

Section 10 - Appointment to office

This section was repealed by section 152(4) of, and Schedule 7 to, the Senior Courts Act 1981.

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", [2] by the Law Commission. 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:

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, [3] the provisions of section 26(2) relating to mortgage cautions, subject to any necessary modification, apply also to sub-mortgage cautions. [4] The Land Registration Rules 1977 (Sl 1977/2089) [5] are consequential on section 26. [6]

Part III - Other provisions

Section 32 - Citation etc

The following orders were made under section 32(6):

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References

  1. 1 2 The citation of this Act by this short title is authorised by section 32(1) of this Act.
  2. The Law Commission. Jurisdiction of Certain Ancient Courts. Law Com 72. Cmnd 6385. HMSO. London. February 1976.
  3. The Land Registration Rules 1977, rule 1(1)
  4. The Land Registration Rules 1925, rule 228(1) (as substituted by rule 3 of the Land Registration Rules 1977 (Sl 1977/2089))
  5. For a digitised copy of the Land Registration Rules 1977, see Legislation.gov.uk or Google Books: )
  6. "Protecting Mortgages" (1978) 122 Solicitors Journal 19; "Land" (1978) 97 Law Notes 43 (February); "H M Land Registry" (1978) 142 Justice of the Peace 52; "Land registration" (1979) 128 New Law Journal 12
  7. "Procedure: Administration of Justice Act 1977: Commencement" (1978) 122 Solicitors Journal 11
  8. "Commencement Orders" (1978) 97 Law Notes 42 Google Books
  9. Statutory Instruments 1978. HMSO. London.
  10. (1979) 21 The J.P. Weekly Law Digest 148 and 156