Senior Courts Act 1981

Section 152(3).

SCHEDULE 6U.K. Transitional Provisions and Savings

E+W

F11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Continuity of appointments of officersE+W

2(1)Any person holding an office immediately before the commencement of this Act in the case of which provision for appointment is made by Part IV shall continue to hold that office as if he had been appointed under that Part (whether or not he is qualified to be so appointed).E+W

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure, etc. of certain officersU.K.

F33U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5E+WThis Act, so far as it amends or repeals any provision of Schedule 1 to the M1Judicial Pensions Act 1981, shall not have effect in relation to any person who was within paragraph 1 of that Schedule immediately before the commencement of this Act and either was then holding office or had previously retired or died.

F56E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inland Revenue affidavitsE+W

7E+WIn relation to deaths occurring before 13th March 1975 (the date on which the M2Finance Act 1975 was passed)—

(a)section 109 shall not apply; and

(b)section 110 shall have effect as if at the end of paragraph (b) there were added the words “and the Inland Revenue affidavit within the meaning of Part I of the M3Finance Act 1894”.

Grants of representation made under provisions of 1925 Act not reproduced in this ActE+W

8E+WNothing in the repeals made by this Act shall affect—

(a)any grant made before the commencement of this Act under any of the following provisions of the 1925 Act, namely section 162(1) and proviso (a) thereto and sections 164 and 165; or

(b)the continued operation of subsections (2) and (3) of section 164 of that Act in relation to any grant so made under that section.

Minor executorsE+W

9E+WAny appointment of a minor as executor which, immediately before the commencement of this Act, was by virtue of section 165(2) of the 1925 Act rendered ineffective for the purposes mentioned in that subsection shall continue to be ineffective for those purposes unless and until probate is granted to the person in question in accordance with probate rules.

Administration bonds given before 1st January 1972E+W

10E+WNothing in this Act shall affect the continued operation of section 167 of the 1925 Act, as in force before 1st January 1972 (the date on which the M4Administration of Estates Act 1971 came into force), in relation to the enforcement or assignment of any administration bond given under that section before that date.

Grants and resealings liable to revocation or cancellation at instance of courtE+W

11E+WSection 121 applies whether the grant in question was made or (as the case may be) resealed before or after the commencement of this Act.

Appeals from certain orders and decisions under section 54(3) of Magistrates’ Courts Act 1952E+W

12E+WIn paragraph 3(d) of Schedule 1, the reference to an order or decision made under section 63(3) of the M5Magistrates’ Courts Act 1980 includes a reference to an order or decision made under section 54(3) of the M6Magistrates’ Courts Act 1952.

InterpretationE+W

13(1)In this Schedule “the M71925 Act” means the Supreme Court of Judicature (Consolidation) Act 1925.

(2)Nothing in this Schedule shall be taken as prejudicing the operation of the provisions of the M8Interpretation Act 1978 as respects the effect of repeals.