The Administration of Justice Act 1977 (c. 38) is an act of the Parliament of the United Kingdom.
Part I - General Section 6 - Temporary additional judges for Employment Appeal Tribunal This section was repealed by section 159(3) of, and Schedule 17 to, the Employment Protection (Consolidation) Act 1978.
Section 8 - Oaths and affirmations This section was repealed on 31 July 1978 by Part I of the Schedule to the Oaths Act 1978.
Part II - England and Wales Section 9 - Appeals This section was repealed by section 152(4) of, and Schedule 7 to, the Senior Courts Act 1981.
Section 10 - Appointment to office This section was repealed by section 152(4) of, and Schedule 7 to, the Senior Courts Act 1981.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",The Law Commission. Jurisdiction of Certain Ancient Courts. Law Com 72. Cmnd 6385. HMSO. London. February 1976. 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: 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 (9 & 10 Vict. c. 95). The Basingstoke Court of Ancient Demesne The Coventry Court of Orphans The Great Grimsby Foreign Court The King's Lynn Court of Tolbooth The City of London Court of Husting The City of London Sheriffs' Court for the Poultry Compter The City of London Sheriffs' Court for the Giltspur Street Compter 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 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.
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 Land Registration Rules 1977, rule 1(1) the provisions of section 26(2) relating to mortgage cautions, subject to any necessary modification, apply also to sub-mortgage cautions.The Land Registration Rules 1925, rule 228(1) (as substituted by rule 3 of the Land Registration Rules 1977 (Sl 1977/2089)) The Land Registration Rules 1977 (SI 1977/2089)For a digitised copy of the Land Registration Rules 1977, see Legislation.gov.uk or Google Books: ) are consequential on section 26."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
Part III - Other provisions Section 32 - Citation etc The following orders were made under section 32(6): The (SI 1977/1405) The (SI 1977/1490) (C. 53) The (SI 1977/1589)"Procedure: Administration of Justice Act 1977: Commencement" (1978) 122 Solicitors Journal 11 The (SI 1977/2202)"Commencement Orders" (1978) 97 Law Notes 42 Google Books The (SI 1978/810). Made on 6 June 1978.Statutory Instruments 1978. HMSO. London. The (SI 1979/972) (C. 27)(1979) 21 The J.P. Weekly Law Digest 148 and 156 The (SI 1980/1981)
Repealed enactments Section 32(4) of the act repealed 76 enactments and revoked one instrument, listed in parts I to VI of schedule 5 to the act.
Part I: Judgments etc. in foreign currency +Part I — Judgments etc. in foreign currencyCitationShort titleExtent of repeal45 & 46 Vict. c. 61Bills of Exchange Act 1882Section 57(2). Section 72(4).23 & 24 Geo. 5. c. 13Foreign Judgments (Reciprocal Enforcement) Act 1933Section 2(3).1966 c. 41Arbitration (International Investment Disputes) Act 1966Section 1(3).SI 1972/1590European Communities (Enforcement of Community Judgments) Order 1972Article 3(2).
Part II: Determination of expenses etc. +Part II — Determination of expenses etc.CitationShort titleExtent of repeal50 & 51 Vict. c. 71Coroners Act 1887Section 25A(4).6 & 7 Geo. 6. c. 39Pensions Appeal Tribunals Act 1943In the Schedule, paragraph 5(4)(a).1973 c. 15Administration of Justice Act 1973In Schedule 1, in paragraph 8(1), the words " at the prescribed rates " and " at the prescribed rate ".1973 c. 62Powers of Criminal Courts Act 1973In Schedule 3, in paragraph 18(2)(a), the words " the rates of allowances and ".1974 c. 23Juries Act 1974Section 19(7).1975 c. 20District Courts (Scotland) Act 1975In section 17(1), the words " at the prescribed rates " and " at the prescribed rate ".
Part III: Oaths and affirmations +Part III — Oaths and affirmationsCitationShort titleExtent of repeal6 & 7 Vict. c. 85Evidence Act 1843In section 1, the words " in those cases wherein affirmation is by law receivable ".31 & 32 Vict. c. 72Promissory Oaths Act 1868Section 11.34 & 35 Vict. c. 83Parliamentary Witnesses Oaths Act 1871In section 1, the words from " Where " to " form " and the words " or affirmation ".52 & 53 Vict. c. 63Interpretation Act 1889In section 3, in the definitions of the expressions " oath" and " affidavit ", the words " in the case of persons for the time being allowed by law to affirm or declare instead of swearing", and in the definition of the expression "swear", the words "in the like case ".1 & 2 Geo. 5. c. 6Perjury Act 1911In section 15(2), in the definition of the expression " oath ", the words " in the case of persons for the time being allowed by law to affirm or declare instead of swearing ", and in the definition of the expression " swear", the words " in the like case ".23 & 24 Geo. 5. c. 20False Oaths (Scotland) Act 1933In section 7(1)(b), the words " by a person for the time being allowed by law to affirm or declare, instead of swearing ".1954 c. 33 (N.I.)Interpretation Act (Northern Ireland) 1954In section 26(2), in the definition of " oath " the words " as respects persons for the time being allowed by law to affirm or declare instead of swearing " and in the definition of " swear " the words " in the like case".3 & 4 Eliz. 2. c. 18Army Act 1955In section 102(a), the words from " and " to " belief " in the second place where it occurs.3 & 4 Eliz. 2. c. 19Air Force Act 1955In section 102(a), the words from " and " to " belief " in the second place where it occurs.5 & 6 Eliz. 2. c. 53Naval Discipline Act 1957In section 60(4)(a), the words from " and " to " belief " in the second place where it occurs.9 & 10 Eliz. 2. c. 21Oaths Act 1961In section 1(1), the words " in certain cases " and the words from " on " to the end of the subsection, and section 2(2).
Part IV: Appeals +Part IV — AppealsCitationShort titleExtent of repeal44 & 45 Vict. c. 68Supreme Court of Judicature Act 1881The whole act.15 & 16 Geo. 5. c. 49Supreme Court of Judicature (Consolidation) Act 1925Section 27(2). In section 63(1), from " and in " to the end. In section 63(6)(c), the words " for hearing such an appeal as aforesaid ".6 & 7 Eliz. 2. c. 39Maintenance Orders Act 1958In section 4(7), from " and so much " to the end.8 & 9 Eliz. 2. c. 58Charities Act 1960Section 42(3).1967 c. 22Agriculture Act 1967In section 21(5), from " and this subsection " to the end.1969 c. 58Administration of Justice Act 1969Section 15(2)(a).1971 c. 62Tribunals and Inquiries Act 1971In section 13(4), from the beginning to " court; but".1971 c. 78Town and Country Planning Act 1971In sections 246(4) and 247(5), the words from the beginning to " but".1973 c. 38Social Security Act 1973Section 86(7).1974 c. 52Trade Union and Labour Relations Act 1974In section 21(9), the words from the beginning to " court; but".1975 c. 14Social Security Act 1975Section 94(6).
Part V: Ancient courts +Part V — Ancient courtsCitationShort titleExtent of repeal7 & 8 Vict. c. 19Inferior Courts Act 1844The whole act.7 & 8 Vict. c. 96Execution Act 1844Section 72. In section 73, the words from " the word " to " and " in the third place where it occurs. Schedule (B).8 & 9 Vict. c. 127Small Debts Act 1845Sections 9 to 12, 14, 16 to 21 and 23. Section 24, except the words " In the construction of this Act every word importing the masculine gender shall include females as well as males ". Schedule (C).19 & 20 Vict. c. xviiCambridge Award Act 1856Section 18.20 & 21 Vict. c. clviiMayor's Court of London Procedure Act 1857The whole act.35 & 36 Vict. c. 86Borough and Local Courts of Record Act 1872The whole act.46 & 47 Vict. c. 18Municipal Corporations Act 1883Sections 6, 22 and 23.50 & 51 Vict. c. 55Sheriffs Act 1887Sections 18 and 40(1).51 & 52 Vict. c. 57Statute Law Revision (No. 2) Act 1888Section 2.53 & 54 Vict. c. 33Statute Law Revision Act 1890Section 4.53 & 54 Vict. c. 51Statute Law Revision (No. 2) Act 1890Section 2.54 & 55 Vict. c. 67Statute Law Revision Act 1891Section 2.55 & 56 Vict. c. 19Statute Law Revision Act 1892Section 2.56 & 57 Vict. c. 14Statute Law Revision Act 1893Section 2.56 & 57 Vict. c. 54Statute Law Revision (No. 2) Act 1893Section 2.57 & 58 Vict. c. 56Statute Law Revision Act 1894Section 2.61 & 62 Vict. c. 22Statute Law Revision Act 1898Section 2.8 Edw. 7. c. 49Statute Law Revision Act 1908Section 2.3 & 4 Geo. 5. c. xciiDerby Corporation Act 1913Sections 98 and 100(2).15 & 16 Geo. 5. c. 49Supreme Court of Judicature (Consolidation) Act 1925Part IX.17 & 18 Geo. 5. c. 42Statute Law Revision Act 1927Section 2.17 & 18 Geo. 5. c. xciiDerby Corporation Act 1927Section 92.10 & 11 Geo. 6. c. 14Exchange Control Act 1947In Schedule 4, in paragraph 3, paragraph (ii) of the proviso and the word " and " immediately preceding the said paragraph (ii).10 & 11 Geo. 6. c. 44Crown Proceedings Act 1947Section 34.11 & 12 Geo. 6. c. 62Statute Law Revision Act 1948Section 2.14 Geo. 6. c. 6Statute Law Revision Act 1950Section 2.2 & 3 Eliz. 2. c. 5Statute Law Revision Act 1953Section 2.7 & 8 Eliz. 2. c. 22County Courts Act 1959Sections 140, 162, 198 and 205(8).
Part VI: Miscellaneous +Part VI — MiscellaneousCitationShort titleExtent of repeal15 & 16 Geo. 5. c. 21Land Registration Act 1925Section 82(3)(b).15 & 16 Geo. 5. c. 23Administration of Estates Act 1925Section 47A(2) and (4).15 & 16 Geo. 5. c. 49Supreme Court of Judicature (Consolidation) Act 1925In section 99(4), the words " being members of the General Council of the Bar.". In Schedule 4, in paragraphs 6(ii), (iii) and 7(iv), the words from " provided " to " standing", in paragraph 9(i) the word " practising ", and paragraph 9(ii).18 & 19 Geo. 5. c. 26Administration of Justice Act 1928Section 15.1 & 2 Geo. 6. c. 63Administration of Justice (Miscellaneous Provisions) Act 1938In Schedule 2, the amendment of section 116(3) of the Supreme Court of Judicature (Consolidation) Act 1925.7 & 8 Eliz. 2. c. 22County Courts Act 1959In section 2, in subsection (2)(a) the words from " and the places " to the end, in subsection (2)(b) the words " discontinue the holding of any court", subsection (2)(c) and subsection (3)(a). Section 60(2). In section 168(c), the words " by them ". In section 182, subsection (1), and in subsection (2) from the beginning to " subsection ".