Sudan - Western Savannah Project-Phase II : Credit 1640 - Project Agreement - 2 - Conformed
In an action under the law of England and Wales or the law of Northern Ireland for damages for personal injuries—
no damages shall be recoverable in respect of any loss of expectation of life caused to the injured person by the injuries; but
if the injured person’s expectation of life has been reduced by the injuries, the court, in assessing damages in respect of pain and suffering caused by the injuries, shall take account of any suffering caused or likely to be caused to him by awareness that his expectation of life has been so reduced.
The reference in subsection (1)(a) above to damages in respect of loss of expectation of life does not include damages in respect of loss of income.
No person shall be liable in tort under the law of England and Wales or the law of Northern Ireland—
to a husband on the ground only of his having deprived him of the services or society of his wife;
to a parent (or person standing in the place of a parent) on the ground only of his having deprived him of the services of a child; or
on the ground only—
of having deprived another of the services of his menial servant;
of having deprived another of the services of his female servant by raping or seducing her; or
of enticement of a servant or harbouring a servant.
The following sections shall be substituted for sections 1 to 4 of the Fatal Accidents Act 1976—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1)(a), at the beginning there shall be inserted the words " subject to subsection (1A) below, ";
the following subsection shall be inserted after that subsection—; and
in subsection (4), after the word " Order ", in the second place where it occurs, there shall be inserted the words " , the reference to section 1A of the Fatal Accidents Act 1976 in subsection (1A) above shall be construed as a reference to Article 3A of that Order ".
The following subsection shall be inserted after section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934 (actions to survive death)—.
The following paragraph shall be substituted for subsection (2)(a)—.
In an action under the law of England and Wales or the law of Northern Ireland for damages for personal injuries (including any such action arising out of a contract) any saving to the injured person which is attributable to his maintenance wholly or partly at public expense in a hospital, nursing home or other institution shall be set off against any income lost by him as a result of his injuries.
The following section shall be inserted after section 32 of the Senior Courts Act 1981—.
In section 35 of that Act (supplementary) “ 32A, ” shall be inserted before “33” in subsection (5).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a person (in this Part of this Act referred to as “the injured person”)— as a result of an act or omission of another person giving rise to liability in any person (in this Part of this Act referred to as “the responsible person”) to pay damages, the responsible person shall also be liable to pay damages in accordance with the provisions of sections 8 and 9 of this Act.
has sustained personal injuries, or
has died in consequence of personal injuries sustained,
Where necessary services have been rendered to the injured person by a relative in consequence of the injuries in question, then, unless the relative has expressly agreed in the knowledge that an action for damages has been raised or is in contemplation that no payment should be made in respect of those services, the responsible person shall be liable to pay to the injured person by way of damages such sum as represents reasonable remuneration for those services and repayment of reasonable expenses incurred in connection therewith.
The injured person shall be under an obligation to account to the relative for any damages recovered from the responsible person under subsection (1) above.
Where, at the date of an award of damages in favour of the injured person, it is likely that necessary services will, after that date, be rendered to him by a relative in consequence of the injuries in question, then, unless the relative has expressly agreed that no payment shall be made in respect of those services, the responsible person shall be liable to pay to the injured person by way of damages such sum as represents—
reasonable remuneration for those services; and
reasonable expenses which are likely to be incurred in connection therewith.
The relative shall have no direct right of action in delict against the responsible person in respect of any services or expenses referred to in this section.
The responsible person shall be liable to pay to the injured person a reasonable sum by way of damages in respect of the inability of the injured person to render the personal services referred to in subsection (3) below.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In assessing the amount of damages payable by virtue of subsection (1) above to an injured person whose date of death is expected to be earlier than had the injuries not been sustained, the court is to assume that the person will live until the date when death would have been expected had the injuries not been sustained.
The personal services referred to in subsection (1) above are personal services—
which were or might have been expected to have been rendered by the injured person before the occurrence of the act or omission giving rise to liability,
of a kind which, when rendered by a person other than a relative, would ordinarily be obtainable on payment, and
which the injured person but for the injuries in question might have been expected to render gratuitously to a relative.
Subject to section 6(1) of the Damages (Scotland) Act 2011 (asp 7) (relative's loss of personal services), the relative shall have no direct right of action in delict against the responsible person in respect of the personal services mentioned in subsection (3) above.
“relative”, in relation to the injured person, means—
any contractual pension or benefit (including any payment by a friendly society or trade union);
any pension or retirement benefit payable from public funds other than any pension or benefit to which section 2(1) of the Law Reform (Personal Injuries) Act 1948 applies;
the civil partner or former civil partner;
any benefit payable from public funds, in respect of any period after the date of the award of damages, designed to secure to the injured person or any relative of his a minimum level of subsistence;
any person, not being the spouse of the injured person, who was, at the time of the act or omission giving rise to liability in the responsible person, living with the injured person as husband or wife;
any redundancy payment under the Employment Rights Act 1996, or any payment made in circumstances corresponding to those in which a right to a redundancy payment would have accrued if section 135 of that Act had applied;
any person, not being the civil partner of the injured person, who was, at the time of the act or omission giving rise to liability in the responsible person, living with the injured person as the civil partner of the injured person;
Subject to rules of court, in proceedings (whenever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and— Subject to rules of court, where— the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as rules of court may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment. Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs. Without prejudice to the generality of section 55, rules of court may provide for a rate of interest by reference to a rate for which any other enactment provides. Interest under this section may be calculated at different rates in respect of different periods. In this section “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages. Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.
any payment made to the injured person or to any relative of his by the injured person’s employer following upon the injuries in question where the recipient is under an obligation to reimburse the employer in the event of damages being recovered in respect of those injuries;
subject to paragraph (iv) below, any payment of a benevolent character made to the injured person or to any relative of his by any person following upon the injuries in question;
any brother, sister, uncle or aunt; or any issue of any such person;
Subject to any agreement to the contrary, in assessing the amount of damages payable to the injured person in respect of personal injuries there shall not be taken into account so as to reduce that amount—
but there shall be taken into account—
any remuneration or earnings from employment;
any contribution-based jobseeker’s allowance (payable under the Jobseekers Act 1995);
any benefit referred to in paragraph (c) above payable in respect of any period prior to the date of the award of damages;
any payment of a benevolent character made to the injured person or to any relative of his by the responsible person following on the injuries in question, where such a payment is made directly and not through a trust or other fund from which the injured person or his relatives have benefited or may benefit.
In an action for damages for personal injuries (including any such action arising out of a contract) any saving to the injured person which is attributable to his maintenance wholly or partly at public expense in shall be set off against any income lost by him as a result of the injuries.
a hospital . . . or other institution; or
accommodation provided by a care home service (as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8),
This section applies to an action for damages for personal injuries in which—
there is proved or admitted to be a risk that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of the action, develop some serious disease or suffer some serious deterioration in his physical or mental condition; and
the responsible person was, at the time of the act or omission giving rise to the cause of the action,
a public authority or public corporation; or
insured or otherwise indemnified in respect of the claim.
In any case to which this section applies, the court may, on the application of the injured person, order— and the court may, if it considers it appropriate, order that an application under paragraph (b) above may be made only within a specified period.
that the damages referred to in subsection (4)(a) below be awarded to the injured person; and
that the injured person may apply for the further award of damages referred to in subsection (4)(b) below,
Where an injured person in respect of whom an award has been made under subsection (2)(a) above applies to the court for an award under subsection (2)(b) above, the court may award to the injured person the further damages referred to in subsection (4)(b) below.
The damages referred to in subsections (2) and (3) above are—
damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and
further damages if he develops the disease or suffers the deterioration.
Nothing in this section shall be construed—
as affecting the exercise of any power relating to expenses including a power to make rules of court relating to expenses; or
as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.
The Secretary of State may, by order, provide that categories of defenders shall, for the purposes of paragraph (b) of subsection (1) above, become or cease to be responsible persons, and may make such modifications of that paragraph as appear to him to be necessary for the purpose. And an order under this subsection shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part of this Act, unless the context otherwise requires—
“Accountant General” means in relation to England and Wales, the Accountant General of the Senior Courts and, in relation to Northern Ireland, the Accountant General of the Court of Judicature;
any relationship by affinity shall be treated as a relationship by consanguinity; any relationship of the half blood shall be treated as a relationship of the whole blood; and the stepchild of any person shall be treated as his child; and
section 1(1) of the Law Reform (Parent and Child)(Scotland) Act 1986 shall apply; and any reference (however expressed) in this Part of this Act to a relative shall be construed accordingly.
" relative ", in relation to the injured person, means—
“personal injuries” means––
Subject to rules of court, in proceedings (when-ever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgement is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgement, for all or any part of the period between the date when the cause of action arose and— In relation to a judgement given for damages for personal injuries or death which exceed £200 subsection (1) shall have effect— Subject to rules of court, where— the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as rules of court may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment. Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs. Without prejudice to the generality of section 84, rules of court may provide for a rate of interest by reference to the rate specified in section 17 of the Judgments Act 1838 as that section has effect from time to time or by reference to a rate for which any other enactment provides. Interest under this section may be calculated at different rates in respect of different periods. In this section “plaintiff” means the person seeking the debt or damages and “defendent” means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition. Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.
any impairment of a person's physical or mental condition;
any ascendant or descendant;
In this Part of this Act, unless the context otherwise requires—
any brother, sister, uncle or aunt; or any issue of any such person ;
but there shall be taken into account—
Any reference in this Part of this Act to a payment, benefit or pension shall be construed as a reference to any such payment, benefit or pension whether in cash or in kind.
This Part of this Act binds the Crown.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 1(7) of the Damages (Scotland) Act 1976 is amended by inserting after the word " section " the words " or in Part II of the Administration of Justice Act 1982 ".
Section 5 of that Act (provisions for the avoidance of multiplicity of actions) is repealed, and—
in section 4 of that Act the words " but this section is without prejudice to section 5 of this Act" shall cease to have effect, and
in section 6 of that Act—
in subsection (1) for the words " section 5 of this Act" there shall be substituted the words " this section ", and
after subsection (2) there shall be inserted—.
Notwithstanding section 73(5) of this Act, where an action to which section 5 of that Act applies has been raised and has not, prior to the commencement of subsection (2) above, been disposed of, the court shall not dismiss the action on the ground only that the pursuer has failed to serve notice of the action as required by subsection (6) of the said section 5.
In section 10(2) of the said Act of 1976 (meaning of " deceased person's immediate family "), after the word " (a)" there shall be inserted the word " (aa) " , and in paragraph 1 of Schedule 1 to that Act there shall be inserted after sub-paragraph (a) the following—.
The section set out in Part I of Schedule 1 to this Act shall be inserted after section 35 of the Senior Courts Act 1981
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Crown Proceedings Act 1947 shall accordingly have effect subject to the amendment in Part III of that Schedule, being an amendment consequential on subsections (1) and (2) above.
The provisions mentioned in subsection (5) below (which this section supersedes so far as they apply to the High Court and county courts) shall cease to have effect in relation to those courts.
The provisions are—
section 3 of the Law Reform (Miscellaneous Provisions) Act 1934; and
in the Administration of Justice Act 1969—
section 22; and
in section 34(3) the words from “and section 22” onwards.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following subsection shall be added after section 23(5) of the Matrimonial Causes Act 1973 (financial provision in orders in connection with divorce proceedings etc.)—.
The following section shall be substituted for section 9 of the Wills Act 1837—.
The following section shall be substituted for section 18 of the Wills Act 1837—.
The following section shall be inserted after that section—.
The following section shall be substituted for section 33 of the Wills Act 1837—.
If a court is satisfied that a will is so expressed that it fails to carry out the testator’s intentions, in consequence— it may order that the will shall be rectified so as to carry out his intentions.
of a clerical error; or
of a failure to understand his instructions,
An application for an order under this section shall not, except with the permission of the court, be made after the end of the period of six months from the date on which representation with respect to the estate of the deceased is first taken out.
The provisions of this section shall not render the personal representatives of a deceased person liable for having distributed any part of the estate of the deceased, after the end of the period of six months from the date on which representation with respect to the estate of the deceased is first taken out, on the ground that they ought to have taken into account the possibility that the court might permit the making of an application for an order under this section after the end of that period; but this subsection shall not prejudice any power to recover, by reason of the making of an order under this section, any part of the estate so distributed.
The following are to be left out of account when considering for the purposes of this section when representation with respect to the estate of a deceased person was first taken out—
a grant limited to settled land or to trust property,
any other grant that does not permit any of the estate to be distributed,
a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,
a grant, or its equivalent, made outside the United Kingdom (but see subsection (5)).
A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of subsection (4), but is to be taken as dated on the date of sealing.
This section applies to a will—
in so far as any part of it is meaningless;
in so far as the language used in any part of it is ambiguous on the face of it;
in so far as evidence, other than evidence of the testator’s intention, shows that the language used in any part of it is ambiguous in the light of surrounding circumstances.
In so far as this section applies to a will extrinsic evidence, including evidence of the testator’s intention, may be admitted to assist in its interpretation.
Except where a contrary intention is shown it shall be presumed that if a testator devises or bequeaths property to his spouse in terms which in themselves would give an absolute interest to the spouse, but by the same instrument purports to give his issue an interest in the same property, the gift to the spouse is absolute notwithstanding the purported gift to the issue.
The following, namely— shall be registering authorities for the purposes of this section.
the Principal Registry of the Family Division of the High Court of Justice;
the Keeper of the Registers of Scotland; and
the Probate and Matrimonial Office of the Court of Judicature of Northern Ireland,
Each registering authority shall provide and maintain safe and convenient depositories for the custody of the wills of living persons.
Any person may deposit his will in such a depository in accordance with regulations under section 25 below and on payment of the prescribed fee.
It shall be the duty of a registering authority to register in accordance with regulations under section 25 below—
any will deposited in a depository maintained by the authority; and
any other will whose registration is requested under Article 6 of the Registration Convention.
A will deposited in a depository provided— shall be treated for the purposes of this section as if it had been deposited under this section.
under section 172 of the Supreme Court of Judicature (Consolidation) Act 1925 or section 126 of the Senior Courts Act 1981; or
under Article 27 of the Administration of Estates (Northern Ireland) Order 1979,
In this section “prescribed” means—
in the application of this section to England and Wales, prescribed by an order under section 92 of the Courts Act 2003;
in its application to Scotland, prescribed by an order under section 26 below; and
in its application to Northern Ireland, prescribed by an order under section 116 of the Judicature (Northern Ireland) Act 1978.
The Principal Registry of the Family Division of the High Court of Justice shall be the national body for the purposes of the Registration Convention, and shall accordingly have the functions assigned to the national body by the Registration Convention including, without prejudice to the general application of the Convention to the Principal Registry by virtue of this section, the functions—
of arranging for the registration of wills in other Contracting States as provided for in Article 6 of the Convention;
of receiving and answering requests for information arising from the national bodies of other Contracting States.
In this Part of this Act “the Registration Convention” means the Convention on the Establishment of a Scheme of Registration of Wills concluded at Basle on 16th May 1972.
Regulations may make provision—
as to the conditions for the deposit of a will;
as to the manner of and procedure for—
the deposit and registration of a will; and
the withdrawal of a will which has been deposited; and
the cancellation of the registration of a will; and
as to the manner in which the Principal Registry of the Family Division is to perform its functions as the national body under the Registration Convention.
Regulations under this section may contain such incidental or supplementary provisions as the authority making the regulations considers appropriate.
Any such regulations are to be made—
for England and Wales, by the President of the Family Division of the High Court of Justice, with the concurrence of the Lord Chancellor;
for Scotland, by the Secretary of State after consultation with the Lord President of the Court of Session; and
for Northern Ireland, by the Northern Ireland Court of Judicature Rules Committee, with the concurrence of the Lord Chancellor.
Regulations made by virtue of subsection (1)(c) above shall be made by the Lord Chancellor after consulting the Lord Chief Justice of England and Wales.
Subject to subsection (6) below, regulations under this section shall be made by statutory instrument and shall be laid before Parliament after being made.
Regulations for Northern Ireland shall be statutory rules for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and any such statutory rule shall be laid before the Northern Ireland Assembly after being made.
The Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations made in accordance with subsection (3)(a) . . . above as if the regulations had been made by a Minister of the Crown.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a statutory rule as it applies in relation to the laying of a statutory document under an enactment.
Any regulations made under section 172 of the Supreme Court of Judicature (Consolidation) Act 1925 or section 126 of the Senior Courts Act 1981 shall have effect for the purposes of this Part of this Act as they have effect for the purposes of the enactment under which they were made.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4).
The Secretary of State may, with the consent of the Treasury, from time to time by order made by statutory instrument fix fees payable in respect of—
the deposit, registration or withdrawal of wills under this Act;
the obtaining of information from the register; and
any other thing which the Keeper of the Registers of Scotland is required or authorised to do under this Act or any regulations made thereunder in connection with the depositing or registration of wills.
The Annex to the Convention on International Wills shall have the force of law in the United Kingdom.
The Annex is set out in Schedule 2 to this Act.
In this Part of this Act—
" international will" means a will made in accordance with the requirements of the Annex, as set out in Schedule 2 to this Act; and
“international will” means a will made in accordance with the requirements of the Annex, as set out in Schedule 2 to this Act; and
“the Convention on International Wills” means the Convention providing a Uniform Law on the Form of an International Will concluded at Washington on 26th October 1973.
The persons authorised to act in the United Kingdom in connection with international wills are—
solicitors; and
notaries public.
A person who is authorised under section 6(1) of the Commissioners for Oaths Act 1889 to do notarial acts in any foreign country or place is authorised to act there in connection with international wills.
An international will certified by virtue of subsection (1) or (2) above may be deposited in a depository provided under section 23 above.
Section 23 above shall accordingly have effect in relation to such international wills.
Subject to subsection (6) below, regulations under section 25 above shall have effect in relation to such international wills as they have effect in relation to wills deposited under section 23 above.
Without prejudice to the generality of section 25 above, regulations under that section may make special provision with regard to such international wills.
In section 10 of the Consular Relations Act 1968 (by virtue of which diplomatic agents and consular officials may administer oaths and do notarial acts in certain cases)—
at the end of subsection (1)(b) there shall be added the wordsor ; and
at the end of subsection (4) there shall be added the words “ and “international will” has the meaning assigned to it by section 27 of the Administration of Justice Act 1982 ”.
The Lord Chancellor may by order specify places at which county courts are to be held and the name by which the court held at any place so specified is to be known.
Any order under this section shall be made by statutory instrument, which shall be laid before Parliament after being made.
The districts for which county courts are to be held shall be determined in accordance with directions given by or on behalf of the Lord Chancellor.
Subject to any alterations made by virtue of this section, county courts shall continue to be held for the districts and at the places and by the names appointed at the commencement of this section.
Section 25 of the County Courts Act 1959 (which obliges a county court registrar to reside in the district for which he is registrar, except with the consent of the Lord Chancellor and subject to such conditions as the Lord Chancellor may impose) shall cease to have effect.
The following subsections shall be substituted for subsections (9) and (10) of section 57 of the County Courts Act 1959 (which provides for the mode of exercise of the Admiralty jurisdiction of a county court)—.
The following section shall be inserted after section 75C of the County Courts Act 1959—.
The following paragraph shall be inserted after section 102(3)(b) of the County Courts Act 1959—.
Without prejudice to the generality of subsection (1) of the said section 102, county court rules may regulate or provide for any matters which were regulated or provided for by county court rules which were made at any time before 1st January 1982.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1)—
the words " in a county court" shall cease to have effect; and
for the words "that court" there shall be substituted the words " a county court "; and
subsection (2) shall cease to have effect.
In section 1(2)(c) of the Charging Orders Act 1979 (by virtue of which certain High Court orders for an amount exceeding £5,000 must be enforced in the High Court) after the words “High Court” in the second place where they occur, there shall be inserted the words “ or a county court ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments to restate the limits of county court jurisdiction and to provide for the raising of those limits.
Subject to rules made under subsection (7) below, all sums of money, securities and effects paid and deposited in, or under the custody of— shall be vested in the Accountant General.
the High Court;
the county court ; or
the family court;
such other courts and tribunals as the Lord Chancellor may by rules made under that subsection prescribe,
One or more accounts shall be opened and kept in the name of the Accountant General at such bank or banks as may be designated by the Lord Chancellor with the concurrence of the Treasury.
Money and securities held by the Accountant General shall vest in his successor in office without any assignment or transfer.
A sum of money paid and deposited in court may, . . . , be invested and reinvested by the Accountant General in any manner authorised by rules made under subsection (7) below.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a court orders that a particular fund in court shall be invested in a specified manner ; and
that manner is authorised by the rules referred to in subsection (7) below,
The Accountant General may, in such cases as the Lord Chancellor may by rules made under subsection (7) below prescribe, apply to the court for an order for directions as to the manner in which a particular fund in court is to be dealt with.
The Lord Chancellor, with the concurrence of the Treasury, may make provision as to the payment of interest on funds in court and may make rules as to the administration and management of funds in court including the deposit, payment, delivery and transfer in, into and out of any court of funds in court and regulating the evidence of such deposit, payment, delivery or transfer.
Rules made under subsection (7) above may—
provide for the discharge of the functions of the Accountant General under the rules by a person or persons appointed by him;
provide for the transfer of money in court to and from the Commissioners;
provide for money paid and deposited in the county court to be vested in, and accounted for by, a person other than the Accountant General;
prescribe cases in which interest is to be paid on funds in court;
prescribe cases in which funds in court are to be invested;
make provision for the transfer of funds in court from one court to another;
prescribe cases in which moneys payable under a judgment or order shall be paid into court.
provide for the payment of a sum of money in court into the Consolidated Fund if—
the payment is in respect of funds in court which have been vested in the Accountant General under subsection (1) for at least 30 years, and
the conditions (if any) prescribed by the rules are met. and
Any such rules may make different provision for different cases.
The Commissioners may invest, in such manner as may be prescribed by regulations made by the Treasury, money transferred to them in pursuance of rules made under section 38(7) above or section 82(1) of the Judicature (Northern Ireland) Act 1978 and the interest or dividends accruing on investments made under this subsection.
If in any accounting year the aggregate of the sums of money received by the Commissioners by way of interest and dividends on investments made by them under subsection (1) above, after deduction of— exceeds the aggregate of the sums due to be paid or credited in respect of that year by way of interest on funds in court, the excess shall be paid into the Consolidated Fund.
any sum required by the Treasury to be set aside to provide for depreciation in the value of investments so made; and
such sum as the Lord Chancellor may with the concurrence of the Treasury direct to be paid to him in respect of the cost to him in that year of administering funds in court, and
an amount equal to the expenses incurred by the Commissioners in that year in making investments under subsection (1) above and disposing of investments so made
If in any accounting year the aggregate of the sums of money received as mentioned in subsection (2) above, after deduction of the sum or sums falling to be deducted under paragraphs (a) to (c) of that subsection, is less than the aggregate of the sums due as mentioned in that subsection, the deficiency shall be made good out of the Consolidated Fund.
The Commissioners shall pay to the Lord Chancellor any sum deducted by them under subsection (2)(b) above; and any sum received by the Lord Chancellor under this subsection shall be paid into the Consolidated Fund.
If at any time the Commissioners are unable to pay— the Treasury shall provide them with it out of the Consolidated Fund.
to the Accountant General a sum due from them to him under rules made under section 38(7) above; or
to the Accountant General of the Court of Judicature of Northern Ireland a sum due from them to him under rules made under section 82(1) of the Judicature (Northern Ireland) Act 1978,
Any sum deducted by the Commissioners under subsection (2)(c) above shall be applied as an appropriation in aid of moneys provided by Parliament for the expenses of the National Debt Commissioners; and, so far as not so applied, shall be paid into the Consolidated Fund.
Where money or securities are deposited with the Accountant General under any enactment or subordinate legislation, whether passed or made before or after the commencement of this Part of this Act, they shall for the purposes of this Part of this Act be treated as if they were funds in court except in so far as— provide to the contrary.
the enactment; or
the subordinate legislation; or
rules made under section 38(7) above,
In subsection (1) above “subordinate legislation” means Orders in Council, orders, rules, regulations and other instruments made or to be made under any Act.
Any funds for the time being vested in the Accountant General and held by him in trust for any charity or in trust for any ecclesiastical corporation in the Church of England may, if the Accountant General on an application made in that behalf to him by the Charity Commission or the appropriate authority thinks fit so to direct, be transferred to the Official Custodian for Charities or the appropriate authority, as the case may be.
Any funds transferred by virtue of a direction given under subsection (1) above shall be vested in and held by the Official Custodian for Charities or the appropriate authority respectively in trust for the charity or ecclesiastical corporation upon the trusts upon which the funds were held before the transfer.
In this section “ecclesiastical corporation” means a capitular body within the meaning of the Cathedrals Measure 1963 or the incumbent of a benefice and “appropriate authority” means, in the case of funds held in trust for a cathedral, the corporate body of that cathedral established under section 9(1)(a) of the Cathedrals Measure 1999 and in the case of funds held in trust for a benefice the Diocesan Board of Finance for the diocese in which that benefice is situated.
The preceding provisions of this section cease to apply to the case of funds held in trust for a cathedral on the commencement in relation to that cathedral of the charity provisions within the meaning of section 53(7) of the Cathedrals Measure 2021
The Lord Chancellor may continue to make schemes (“common investment schemes”) establishing common investment funds for the purpose of investing funds in court and money held by any person who in accordance with subsection (5)(b) below may hold shares in common investment funds.
A common investment scheme shall provide for the fund thereby established to be under the management and control of an investment manager appointed by the Lord Chancellor.
A common investment scheme shall make provision for the investment by its investment manager in accordance with the provisions of this section of funds in court transferred to the fund under rules made by virtue of section 38(7) above and of any sums of money transferred to the fund by persons who in accordance with subsection (5)(b) below may hold shares in the fund.
A common investment scheme shall make provision—
for treating the fund established by it as being divided into shares; and
for treating a sum invested in the fund as being represented by a number of shares determined by reference to that sum and the value of the fund at the time the investment was made.
Shares in a common investment fund—
shall be allotted to and held by the Accountant General and
may be allotted to and held by the Accountant General of the Court of Judicature of Northern Ireland and any other person authorised by the Lord Chancellor.
Where a person is authorised under subsection (5) above to hold shares in a common investment fund—
he may invest trust money in shares in the fund without obtaining and considering advice on whether to make such an investment; and
he may invest trust money in a common investment fund of which he is the investment manager.
Moneys comprised in the fund established by a common investment scheme may, subject to the provisions of the scheme, be invested by the investment manager of the fund in any way in which he thinks fit, whether or not authorised by the general law in relation to trust funds.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The investment manager of a fund established by a common investment scheme shall not be required or entitled to take account of any trusts or equities affecting any share in the fund whether or not he is also a trustee of any such trust.
The investment manager of a fund established by a common investment scheme shall be remunerated at such rates and in such manner as the Lord Chancellor shall with the concurrence of the Treasury determine.
The salary or remuneration of an investment manager and his officers and such other expenses of executing his office or otherwise carrying this Part of this Act into effect as may be sanctioned by the Treasury shall be paid out of moneys provided by Parliament.
There shall be charged in respect of the running of a common investment scheme such fees, whether by way of percentage or otherwise, as the Lord Chancellor shall with the concurrence of the Treasury fix and such fees shall be collected and accounted for by such persons, and in such manner, and shall be paid to such account, as the Treasury direct.
There shall be retained or paid out of a fund established by a common investment scheme any expenses which could be so retained or paid out of trust property if the investment manager of the fund were a trustee and such expenses shall be retained or paid in the same way as and in addition to fees charged in respect of the running of the scheme.
Fees and expenses recovered under this section shall be paid into the Consolidated Fund.
Money and securities held by an investment manager of a fund established by a common investment scheme shall vest in his successor in office without any assignment or transfer.
The power conferred by subsection (1) above to make a common investment scheme shall include the power to vary or revoke such a scheme.
If the Lord Chancellor, whether on a recommendation made to him by any person interested or not, certifies— has been guilty of any default with respect to any money, securities and effects for which he is responsible under this Part of this Act, such sum as may be certified by the Lord Chancellor to be necessary for making good the default shall be paid out of moneys provided by Parliament or, if and so far as it is not so paid, shall be charged on and issued out of the Consolidated Fund.
that the Accountant General; or
that the manager of a common investment fund,
Her Majesty may by Order in Council—
repeal subsections (8), (10), (12), (14) and (15) of section 42 above and section 43 above; or
make such modifications to those enactments as Her Majesty considers appropriate.
Any Order in Council made under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Accounts shall be prepared and shall at such times as the Treasury shall direct be sent to the Comptroller and Auditor General—
in respect of his transactions under section 38 above, by the Accountant General;
in respect of their transactions under section 39 above, by the Commissioners; and
in respect of transactions in a fund established by a common investment scheme, by the investment manager.
The accounts shall be in such form and shall be prepared in respect of such periods as the Treasury may direct.
The Comptroller and Auditor General shall examine, certify and report on accounts sent to him under subsection (1) above and lay copies of them and his report on them before each House of Parliament.
Any power conferred by this Part of this Act to make a scheme or rules or regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament (subject to subsection (1A)).
The following amendments shall have effect—
the words “ invested under section 38 of the Administration of Justice Act 1982 ” shall be substituted for the words “dealt with under section 6 of the Administration of Justice Act 1965” in each case where they occur in the followng enactments—
section 46 of the Chelsea and Kilmainham Hospitals Act 1826;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
sections 70, 78 and 86 of the Land Clauses Consolidation Act 1845; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the words “ section 42 of the Administration of Justice Act 1982 ” shall be substituted for the words “section 1 of the Administration of Justice Act 1965”—
in section 11(a) of the Light Railways Act 1896; and
in section 20(1) of the Insurance Companies Act 1958 ;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the words " of the Supreme Court" shall be inserted after the words " Accountant General " in the first and second place where they occur; and
the words " under section 42 of the Administration of Justice Act 1982 " shall be added after the words " common investment schemes ";
in section 20(1) of the Insurance Companies Act 1958;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 42 of the Administration of Justice Act 1982 is for the time being designated for the purposes of this subsection by an agreement between the Board and the investment manager of the fund—
in subsection (4), after the word " General" there shall be inserted the words " and any other person authorised to invest in a fund designated for the purposes of subsection (1) above "; and
in subsection (5), for the words " Public Trustee " there shall be substituted the words " or the investment manager of the fund ";
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in paragraph (a), for the words " section 14 of the Administration of Justice Act 1965 " there shall be substituted the words " section 40 of the Administration of Justice Act 1982 "; and
in paragraph (b) for the words from " any " to " Ireland", in the first place where it occurs, there shall be substituted the words " money in the Supreme Court of Judicature of Northern Ireland "; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the power is exercisable by a Northern Ireland department it shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 ).
In this Part—
" Accountant General" means the Accountant General of the Supreme Court;
" funds " or " funds in court" means— but does not include any statutory deposit referred to in section 40 above.
any effects deposited with the Accountant General by virtue of section 38(1) above ;
This Part of this Act shall apply to Scotland only in relation to money or securities deposited with the Accountant General in the circumstances referred to in section 40 above; and in the application to Scotland of the power to make rules under section 38(7) above as to the payment or transfer out of court of money or securities treated, by virtue of section 40 above, as if, for the purposes of this Part of this Act, they were funds in court, for the reference to the Lord Chancellor there shall be substituted a reference to the Secretary of State.
In its application to Northern Ireland this Part of this Act shall have effect subject to the following modifications.
For any reference to the Lord Chancellor substitute a reference to the Department of Justice in Northern Ireland.
For any reference to the Treasury substitute a reference to the Department of Finance and Personnel in Northern Ireland.
For any reference to the Consolidated Fund (except the reference in section 39(4A)) substitute a reference to the Consolidated Fund of Northern Ireland.
For any reference to moneys provided by Parliament (except the reference in section 39(4A)) substitute a reference to moneys provided by the Northern Ireland Assembly.
For the reference in section 45(1) to the Comptroller and Auditor General substitute a reference to the Comptroller and Auditor General for Northern Ireland.
For section 42(5) substitute—
For section 45(3) substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following subsection shall be inserted after subsection (2) of section 31 of the Matrimonial Causes Act 1973 (which gives the High Court and divorce county courts power to vary or discharge certain orders for the payment of maintenance etc. or to suspend any provision thereof temporarily and to revive the operation of any provision so suspended)—.
In section 19(3) of the Inheritance (Provision for Family and Dependants) Act 1975 (under which a copy of every order made under the Act is to be sent to the principal registry of the Family Division for entry and filing, and a memorandum of the order is to be endorsed on, or permanently annexed to, the probate or letters of administration under which the estate is being administered) after the words “made under this Act” there shall be inserted the words “ other than an order made under section 15(1) of this Act ”.
In section 14(2) of the Attachment of Earnings Act 1971 (power of court to make certain orders where an attachment of earnings order is in force) for the words from “make such” to the end there shall be substituted the words—.
In section 23(1) of that Act (enforcement provisions)—
after the words “an order” there shall be inserted the words “ or with an order made under section 14(2)(b) above ”; and
after the words “hearing of the application” there shall be inserted the words “ or specified in the order ”.
The following paragraph shall be substituted for paragraph 4 of Schedule 3 to the Attachment of Earnings Act 1971 (deductions by employer under attachment of earnings order)—.
The section set out in Part I of Schedule 4 to this Act shall be inserted after section 40 of the Senior Courts Act 1981.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 47 of the Solicitors Act 1974 (powers of Solicitors Disciplinary Tribunal)—
in subsection (2)(c) (payment by solicitor of penalty) for “£750” there shall be substituted “ £3,000 ”; and
the following subsections shall be added after subsection (3)—.
In section 1(6) of the Judicial Trustees Act 1896 (by virtue of which, among other things, the accounts of every trust of which a judicial trustee has been appointed have to be audited once in every year, and a report on them made to the court) the words from the beginning to “and”, in the second place where it occurs, shall cease to have effect.
The following paragraphs shall be substituted for paragraph (11) of subsection (1) of section 4 of that Act (by virtue of which rules may be made for the filing and auditing of the accounts of any trust of which a judicial trustee has been appointed)—.
The following subsection shall be inserted after the said subsection (1)—.
At the end of the Table in section 9(1) of the Senior Courts Act 1981(under which certain persons may be requested to act as judges in specified courts) there shall be added— “ 6. A Recorder. The High Court. ”.
In subsection (1)(a) of section 68 of the Senior Courts Act 1981(by virtue of which the Lord Chancellor may nominate Circuit judges to deal with official referee’s business) for the words “of the Circuit judges” there shall be substituted the words “ Circuit judges, deputy Circuit judges or recorders ”.
Accordingly—
the word “ persons ” shall be substituted—
for the words “Circuit judges” in subsection (5) and (6) of that section; and
for the word “judges”, in the second place where it occurs in subsection (6); and
the word “ person ” shall be substituted for the words “Circuit judge” in subsection (7).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 2(5) of the Juries Act 1974—
for the words “attends in pursuance of such a summons, or of a summons” there shall be substituted the words “ is summoned under subsection (4) above or ”; and
after the word “may”, in the second place where it occurs, there shall be inserted the words “ at any time ”.
In section 13(2) of the Coroners (Amendment) Act 1926 (which requires a coroner to summon a jury in certain circumstances) there shall be added after paragraph (e) the following paragraph—or .
The following subsection shall be substituted for section 7(1) of the Explosive Substances Act 1883—.
In section 9(2) of that Act (application to Scotland) the following paragraph shall be inserted before the paragraph relating to the expression “Attorney General”— “ Section 7(1) shall be omitted. ”
In section 1(1) of the Law Commissions Act 1965 (by virtue of which the Law Commission consists of a Chairman and four other Commissioners) after the word “consisting” there shall be inserted the words “ (except during any temporary vacancy) ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following section shall be substituted for section 1 of the Land Registration Act 1925—.
The following section shall be inserted after section 113 of that Act—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Land Registration Act 1925 shall have effect subject to the amendments specified in Schedule 5 to this Act.
The Land Registration Rules 1967 are revoked.
The Land Registration Act 1925 shall have effect subject to the amendments specified in Schedule 5 to this Act.
The Land Registration Rules 1967 are revoked.
Schedule 6 to this Act shall have effect.
The section set out in Part I of Schedule 7 to this Act shall be inserted after section 33 of the Judicature (Northern Ireland) Act 1978.
The Article set out in Part II of that Schedule shall be inserted after Article 45 of the County Courts (Northern Ireland) Order 1980.
The enactments specified in Part III of that Schedule shall have effect subject to the amendments there specified being amendments consequential on subsections (1) and (2) above.
The Judicature (Northern Ireland) Act 1978 shall have effect subject to the amendents specified in Schedule 8 to this Act.
Notwithstanding any enactment or rule of law by virtue of which documents prepared for the purpose of pending or contemplated civil proceedings or in connection with the obtaining or giving of legal advice are in certain circumstances privileged from disclosure, provision may be made by rules of court for enabling the court in any civil proceedings to direct, with respect to medical matters or matters of any other class which may be specified in the direction, that the parties or some of them shall each by such date as may be so specified (or such later date as may be permitted or agreed in accordance with the rules) disclose to the other or others in the form of one or more expert reports the expert evidence on matters of that class which he proposes to adduce as part of his case at the trial.
Provision may be made by rules of court as to the conditions subject to which oral expert evidence may be given in civil proceedings.
Without prejudice to the generality of subsection (2), rules of court made in pursuance of that subsection may make provision for prohibiting a party who fails to comply with a direction given by virtue of rules under subsection (1) from adducing, except with the leave of the court, any oral expert evidence whatsoever with respect to matters of any class specified in the direction.
Any rules of court made in pursuance of this section may make different provision for different classes of cases, for expert reports dealing with matters of different classes, and for other different circumstances.
References in this section to an expert report are references to a written report by a person dealing wholly or mainly with matters on which he is (or would if living be) qualified to give expert evidence.
In this section " rules of court" means— and nothing in this section shall prejudice the generality of the said section 55 and Article 47.
rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978 ; and
county court rules made under Article 47 of the County Courts (Northern Ireland) Order 1980,
The following section shall be inserted after section 12 of the Magistrate’s Courts Act (Northern Ireland) 1964—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to subsections (2) and (3) below, nothing in Part I of this Act or paragraphs 2 to 10 of Schedule 6 to this Act applies to causes of action which accrue before its commencement.
Section 6 above and paragraph 10 of Schedule 6 to this Act shall apply to actions whenever commenced, including actions commenced before the passing of this Act.
The provisions to which this subsection applies have effect where a person has died after the commencement of Part I of this Act.
The provisions of this Act to which subsection (3) above applies are—
section 1;
section 4(2); and
paragraph 9(2) of Schedule 6.
Without prejudice to the provisions of Parts II and III of the Prescription and Limitation (Scotland) Act 1973, Part II of this Act shall apply to rights of action which accrued before, as well as rights of action which accrue after, the coming into operation of that Part of this Act; but nothing in Part II of this Act other than the repeal of section 5 of the Damages (Scotland) Act 1976 shall affect any proceedings commenced before that Part of this Act comes into operation.
Nothing in the following provisions of this Act— affects the will of a testator who dies before the commencement of the provision in question.
section 17;
section 18(2);
sections 19 to 22;
section 75, so far as it relates—
to the Wills Act Amendment Act 1852; and
to the Family Law Reform Act 1969,
Neither section 18(1) above nor the repeal by this Act of section 177 of the Law of Property Act 1925 affects a will made before the commencement of section 18(1) above.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in section 1 of the Administration of Justice Act 1965—
in subsection (4), after the word " General" there shall be inserted the words " and the Public Trustee "; and
the following subsection shall be inserted after that subsection—; and
in the County Courts Act 1959—
the following subsection shall be substituted for section 99(3)—; and
the following paragraph shall be added at the end of section 168—.
Nothing in paragraph 1 of Schedule 6 to this Act affects a cause of action accruing before that paragraph comes into force if an action in respect thereof has been begun before the paragraph comes into force.
in paragraph (a) of subsection (1), for the words from " an order " to " 1937 " there shall be substituted the words " a provision to which this paragraph applies "; and
the following subsection shall be inserted after subsection (1A) of that section—.
The enactments specified in Part I of Schedule 9 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Part of that Schedule.
The instruments specified in Part II of that Schedule are revoked to the extent specified in the third column of that Part of that Schedule.
The provisions of this Act specified in subsection (2) below shall come into operation on such day as the Lord Chancellor may by order appoint.
The provisions of this Act mentioned in subsection (1) above are—
section 6;
Part III;
sections 34 and 35;
sections 38 to 47;
section 54;
section 69;
section 57;
section 73(8);
section 75, so far as it relates—
to the Judicial Trustees Act 1896;
to section 17 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937;
to the Prevention of Fraud (Investments) Act 1958;
to sections 99(3), 168 to 174A and 176 of the County Courts Act 1959;
to sections 1 to 16 of the Administration of Justice 1965 and Schedule 1 to that Act;
to the Administration of Justice Act 1977; and
to the Judicature (Northern Ireland) Act 1978;
paragraph 10 of Schedule 6; and
paragraphs 6 to 8 of Schedule 8.
The provisions of this Act specified in subsection (4) below shall come into operation on such day as the Secretary of State may by order appoint.
The provisions of this Act mentioned in subsection (3) above are—
section 12;
section 14(2);
section 48; and
section 75 above, so far as it relates to the Damages (Scotland) Act 1976.
The provisions of this Act specified in subsection (6) below shall come into operation on such day as the Lord Chancellor and the Secretary of State may by order jointly appoint.
The provisions of this Act mentioned in subsection (5) above are—
sections 23 to 25;
sections 27 and 28;
section 75, so far as it relates—
to section 126 of the Senior Courts Act 1981; and
to Article 27 of the Administration of Estates (Northern Ireland) Order 1979.
Any order under this section shall be made by statutory instrument.
Any such order may appoint different days for different provisions and for different purposes.
The provisions of this Act specified in subsection (10) below shall come into operation on the day this Act is passed.
The provisions of this Act mentioned in subsection (9) above are—
section 32;
section 36;
section 52;
section 60;
section 64;
section 65;
this section;
section 77; and
section 78.
section 78.
Subject to the foregoing provisions of this section, this Act shall come into operation on 1st January 1983.
Subject to subsection (6) below, the following provisions of this Act— extend to England and Wales only.
sections 3, 4 and 6;
Part III;
sections 17 to 22;
Part V;
sections 49 to 57;
sections 65 to 67,
Sections 1, 2, 5, 39, 42 to 47, 64 and 74 above extend to England and Wales and Northern Ireland.
Part II of this Act and section 26 above extend to Scotland only and Part VI of this Act applies to Scotland only to the extent specified in section 48 above.
Part VIII of this Act extends to Northern Ireland only.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to subsection (5) above, where any enactment repealed or amended or instrument revoked by this Act extends to any part of the United Kingdom, the repeal, amendment or revocation extends to that part.
This Act may be cited as the Administration of Justice Act 1982.
Section 15.
In section 24(3) of the Crown Proceedings Act 1947 for the words from the beginning to “damages)” there shall be substituted the words “ Section 35A of the Supreme Court Act 1981 and section 97A of the County Courts Act 1959 (which respectively empower the High Court and county courts to award interest on debts and damages) and section 3 of the Law Reform (Miscellaneous Provisions) Act 1934 (which empowers other courts of record to do so) ”.
Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the arbitrator or umpire may, if he thinks fit, award simple interest at such rate as he thinks fit— The power to award interest conferred on an arbitrator or umpire by subsection (1) above is without prejudice to any other power of an arbitrator or umpire to award interest.
Section 27. UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL
1. A will shall be valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the provisions set out in Articles 2 to 5 hereinafter. 2. The invalidity of the will as an international will shall not affect its formal validity as a will of another kind.
This law shall not apply to the form of testamentary dispositions made by two or more persons in one instrument.
1. The will shall be made in writing. 2. It need not be written by the testator himself. 3. It may be written in any language, by hand or by any other means.
1. The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is his will and that he knows the contents thereof. 2. The testator need not inform the witnesses, or the authorized person, of the contents of the will.
1. In the presence of the witnesses and of the authorized person, the testator shall sign the will or, if he has previously signed it, shall acknowledge his signature. 2. When the testator is unable to sign, he shall indicate the reason therefor to the authorized person who shall make note of this on the will. Moreover, the testator may be authorized by the law under which the authorized person was designated to direct another person to sign on his behalf. 3. The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
1. The signatures shall be placed at the end of the will. 2. If the will consists of several sheets, each sheet shall be signed by the testator or, if he is unable to sign, by the person signing on his behalf or, if there is no such person, by the authorized person. In addition, each sheet shall be numbered.
1. The date of the will shall be the date of its signature by the authorized person. 2. This date shall be noted at the end of the will by the authorized person.
In the absence of any mandatory rule pertaining to the safekeeping of the will, the authorized person shall ask the testator whether he wishes to make a declaration concerning the safekeeping of his will. If so and at the express request of the testator the place where he intends to have his will kept shall be mentioned in the certificate provided for in Article 9.
The authorized person shall attach to the will a certificate in the form prescribed in Article 10 establishing that the obligations of this law have been complied with.
The certificate drawn up by the authorized person shall be in the following form or in a substantially similar form: CERTIFICATE 1. I, ............ (name, address and capacity), a person authorized to act in connection with international wills 2. Certify that on ............ (date) at ............ (place) 3. (testator) ............ (name, address, date and place of birth)in my presence and that of the witnesses 4.(a) ............ (name, address, date and place of birth) (b) ............ (name, address, date and place of birth) has declared that the attached document is his will and that he knows the contents thereof. 5. I furthermore certify that: 6.(a) in my presence and in that of the witnesses] (1) the testator has signed the will or has acknowledged his signature previously affixed. *(2) following a declaration of the testator stating that he was unable to sign his will for the following reason ............ —I have mentioned this declaration on the will *—the signature has been affixed by ............ (name, address) 7.(b) the witnesses and I have signed the will; 8. *(c) each page of the will has been signed by ............ and numbered: 9.(d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above; 10.(e) the witnesses met the conditions requisite to act as such according to the law under which I am acting; 11. *(f) the testator has requested me to include the following statement concerning the safekeeping of his will: 12.Place 13.Date 14.Signature and, if necessary, Seal *To be completed if appropriate.
The authorized person shall keep a copy of the certificate and deliver another to the testator.
In the absence of evidence to the contrary, the certificate of the authorized person shall be conclusive of the formal validity of the instrument as a will under this Law.
The absence or irregularity of a certificate shall not affect the formal validity of a will under this Law.
The international will shall be subject to the ordinary rules of revocation of wills.
In interpreting and applying the provisions of this law, regard shall be had as to its international origin and to the need for uniformity in its interpretation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The words “the county court limit” shall be substituted for every reference to a sum of money in the enactments specified in paragraph 3 below.
The enactments mentioned in paragraph 2 above are—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the following provisions of other Acts—
in the Settled Land Act 1925, section 113(3);
in the Consumer Credit Act 1974, section 139(5) (re-opening of extortionate credit agreements);
in the Solicitors Act 1974, section 69(3) (actions for solicitors’ costs);
in the Charging Orders Act 1979, section 1(2)(c).
The following subsection shall be inserted— In the preceding subsection “the county court limit” means the county court limit for the time being specified by an Order in Council under section 192 of the County Courts Act 1959 as the county court limit for the purposes of that subsection.
after section 113(3) of the Settled Land Act 1925, as section 113(3A);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 1(2) of the Charging Orders Act 1979, after the word “section”, in the first place where it occurs, there shall be inserted the words “ “county court limit” means the county court limit for the time being specified in an Order in Council under section 192 of the County Courts Act 1959, as the county court limit for the purposes of this section and ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sums recoverable under section 59 of the Highways Act 1980 (expenses due to extraordinary traffic) shall be recoverable in the county court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 55.
A sum may be prescribed which, before complying with an order made in the exercise of the jurisdiction mentioned in section 40(2)— may deduct, subject to subsection (2) below, towards the clerical and administrative expenses of complying with the order, from any money which, but for the deduction, would be attached by the order. The prescribed sum may not be deducted or, as the case may be, retained in a case where, by virtue of section 40 of the Bankruptcy Act 1914 or section 325 of the Companies Act 1948 or otherwise, the creditor is not entitled to retain the benefit of the attachment. In this section— An order under this section— Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In the Land Registration Act 1925— the following paragraph shall be substituted for section 3(ii)—; the following section shall be substituted for section 112—; the following section shall be substituted for section 138—; and in section 144(1) (which among other things provides for the inclusion in the Rule Committee of a judge of the Chancery Division chosen by the judges of that division) for the words “to be chosen by the judges of that division” there shall be substituted the words “ nominated by the Lord Chancellor ”.
the following paragraph shall be substituted for section 3(ii)—;
the following section shall be substituted for section 112—;
the following section shall be substituted for section 138—; and
in section 144(1) (which among other things provides for the inclusion in the Rule Committee of a judge of the Chancery Division chosen by the judges of that division) for the words " to be chosen by the judges of that division " there shall be substituted the words " nominated by the Lord Chancellor ".
Section 68.
No person shall be liable in tort under the law of Northern Ireland—
to a parent (or person standing in the place of a parent) on the ground only of his having deprived the parent (or other person) of the services of his or her child by raping, seducing or enticing that child; or
to any other person for harbouring the child of that other person.
The following paragraph shall be substituted for paragraph (2) of Article 2 of the Fatal Accidents (Northern Ireland) Order 1977—.
In paragraph (2) of Article 3 of that Order for the word “Every” there shall be substituted the words “ Subject to Article 3A(2), every ”.
The following shall be inserted after that Article—.
In Article 4 of that Order—
in paragraph (2), for the word “dependants” there shall be substituted the words “ persons for whose benefit an executor or administrator could have brought it ”; and
in paragraph (4), for the word “dependants” there shall be substituted the word “ persons ”.
The following paragraphs shall be substituted for paragraph (1) of Article 5—. In paragraph (2), for “(1)” there shall be substituted “ (1A) ”. In paragraph (3), for the words “In assessing damages payable to a widow in respect of the death of her husband in an action under this Order” there shall be substituted the words “ In an action under this Order where there fall to be assessed damages payable to a widow in respect of the death of her husband ”. The following paragraph shall be inserted after that paragraph—. In paragraph (5), for the words “the dependant’s shares” there shall be substituted the words “ any person’s share ”.
The following shall be substituted for Article 6—.
In Article 7, the words “brought for the benefit of the dependants of that person” shall be omitted.
The following subsection shall be inserted after section 14(1) of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937 (actions to survive death)—. The followng paragraph shall be substituted for subsection (2)(a)—.
This paragraph applies to an action under the law of Northern Ireland for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition. Subject to sub-paragraph (4) below, as regards any action for damages to which this paragraph applies in which a judgment is given in the High Court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to award the injured person— Any rules made by virtue of this paragraph may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient. Nothing in this paragraph shall be construed— This paragraph shall have effect in relation to county courts in Northern Ireland as it has effect in relation to the High Court as if references in it to rules of court included references to county court rules. In this paragraph “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.
Subject to county court rules, in proceedings (whenever instituted) before a county court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as county court rules may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and— Subject to county court rules, where— the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as county court rules may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment. Interest in respect of a debt shall not be awarded under this Article for a period during which, for whatever reason, interest on the debt already runs. Interest under this Article may be calculated at different rates in respect of different periods. In this Article “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damage. Nothing in this Article affects the damages recoverable for the dishonour of a bill of exchange.
In section 24(3) of the Crown Proceedings Act 1947 as it applies in Northern Ireland in relation to Her Majesty’s Government in the United Kingdom and in relation to Her Majesty’s Government in Northern Ireland for the words from the beginning to “damages)” there shall be substituted the words “ Section 33A of the Judicature (Northern Ireland) Act 1978 and Article 45A of the County Courts (Northern Ireland) Order 1980 (which respectively empower the High Court and county courts to award interest on debts and damages) ”.
In section 31(9)(c) of the Judicature (Northern Ireland) Act 1978 for the words “section 17 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937” there shall be substituted the words “ Article 45A of the County Courts (Northern Ireland) Order 1980 ”.
In Article 2(4) of the County Courts (Northern Ireland) Order 1980 for the words from “the power” to the end there shall be substituted the words “ Article 45A or of anything done under it ”.
Section 70.
The following subsection shall be added at the end of section 3 (the Court of Appeal)—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (2) (which requires the Lord Chief Justice, every Lord Justice of Appeal and every judge of the High Court to take the oaths in the presence of the Lord Chancellor) the words " every Lord Justice of Appeal and every judge of the High Court " shall cease to have effect; and
the following subsections shall be added after subsection (3)—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (3) of section 53 (which applies to certain provisions relating to the Supreme Court Rules Committee to the Crown Court Rules Committee and the Crown Court rules) for the words “56(1) and (2)” there shall be substituted the words “ 56(1), (2) and (2A) ”.
The following subsection shall be inserted after subsection (2) of section 56 (control and publication of rules of court)—.
In section 78(1)(a) (accounts of funds in court) for the words “Part I of the Administration of Justice Act 1965” there shall be substituted the words “ Part VI of the Administration of Justice Act 1982 ”.
In section 81(a)(ii) (which provides for the investment of funds in court) for the words “section 1 of the Administration of Justice Act 1965” there shall be substituted the words “ section 42 of the Administration of Justice Act 1982 ”.
In section 82(1) (rules regulating funds in court)—
in paragraph (b)(ii), for the words “section 1 of the Administration of Justice Act 1965” there shall be substituted the words “ section 42 of the Administration of Justice Act 1982 ”; and
in paragraph (d) for the words “section 1 of the Administration of Justice Act 1965” there shall be substituted the words “ section 42 of the Administration of Justice Act 1982 ”; and
in paragraph (i) for the words “the Public Trustee” there shall be substituted the words “ the investment manager of a common investment scheme made under section 42 of the Administration of Justice Act 1982 ”.
In section 85 (which provides for any default of a member of the Northern Ireland Court Service with respect to money, securities or effects in the Supreme Court or the county court or any statutory deposit to be made good by the Lord Chancellor) after the words “Lord Chancellor” there shall be added the words “ or, if and so far as it is not paid, shall be charged on and issued out of the Consolidated Fund. ”.
In section 91 (orders for sale, grant of injunctions and appointment of receivers by the High Court and county courts)—
in subsection (1) for the word “or”, in the third place where it occurs, there shall be substituted the word “ and ”; and
the following subsection shall be added after subsection (3)—.
The following section shall be inserted after section 94—.
The following section shall be inserted after section 117—.
Chapter Short title Extent of repeal 15 & 16 Vict. c. 24. Wills Act Amendment Act 1852. The whole Act. 23 & 24 Vict. c. 115. Crown Debts and Judgments Act 1860. The whole Act. 59 & 60 Vict. c. 35. Judicial Trustees Act 1896. In section 1(6), the words from the beginning to “and”, in the second place where it occurs. 4 & 5 Geo. 5. c. 59. Bankruptcy Act 1914. In section 16(13) and in section 28(1)(c), the words “under a judgment against him in an action for seduction, or”. 15 & 16 Geo. 5. c. 20. Law of Property Act 1925. Section 177. 24 & 25 Geo. 5. c. 41. Law Reform (Miscellaneous Provisions) Act 1934. In section 1(1), the words “or seduction”. 1 Edw. 8 & 1 Geo. 6. c. 9 (N.I.). Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937. In section 14(1), the words “or seduction”. Section 17. 6 & 7 Eliz. 2. c. 45. Prevention of Fraud (Investments) Act 1958. Section 4(3). 7 & 8 Eliz. 2. c. 22. County Courts Act 1959. Section 2. Section 20. Section 25. Section 99(3). Section 102(3)(e). In section 148, in subsection (1)(a), the words “in a county court” and subsection (2). Sections 168 to 174. Section 174A. Section 176. 7 & 8 Eliz. 2. c. 72. Mental Health Act 1959. In section 103(1)(h), the words from “so however” to the end of the paragraph. 1965 c. 2. Administration of Justice Act 1965. Sections 1 to 16. Section 18. In section 20, subsections (1) and (2), and in subsection (7), the words from “and” to the end. In Schedule 1, the entry relating to the Prevention of Fraud (Investments) Act 1958. 1969 c. 46. Family Law Reform Act 1969. Section 16. 1969 c. 58. Administration of Justice Act 1969. Section 10. 1974 c. 4. Legal Aid Act 1974. In Part II of Schedule 1, paragraph 2. 1975 c. 63. Inheritance (Provision for Family and Dependants) Act 1975. Section 22. 1976 c. 13. Damages (Scotland) Act 1976. Section 5. 1976 c. 30. Fatal Accidents Act 1976. In section 5, the words “brought for the benefit of the dependants of that person”. In Schedule 1, in paragraph 2(2) the entry relating to the Deposit of Poisonous Waste Act 1972. 1977 c. 38. Administration of Justice Act 1977. Section 11. 1978 c. 23. Judicature (Northern Ireland) Act 1978. Section 83. 1979 c. 2. Customs and Excise Management Act 1979. In Schedule 4, in the Tale to paragraph 12, the entry relating to the Crown Debts and Judgments Act 1860. 1981 c. 54. Senior Courts Act 1981. Section 126. Section 143. In Schedule 3, paragraphs 23 to 26. In Schedule 5, the paragraphs relating to the Bankruptcy Act 1914 and the Companies Act 1948.
Reference Title Extent of revocation S.I. 1967 No. 761. Land Registration Rules 1967. The whole instrument. S.I. 1977 No. 1251 (N.I. 18). Fatal Accidents (Northern Ireland) Order 1977. In Article, the words “brought for the benefit of the dependents of that person”. S.I. 1979 No. 1575 (N.I. 14). Administration of Estates (Northern Ireland) Order 1979. Article 27.