The Senior Courts (Transfer, Amendment and Consequential Provision) Order 2026

Schedule 1 Amendments to primary legislation

Article 3 Defence Act 1842 1 (1) The Defence Act 1842 is amended as follows. (2) In section 31 (for enrolment of deeds relating to lands, &c. in England and Wales), for “High Court of Chancery” substitute “Business and Property Division of the High Court”. (3) In section 32 (deeds not required to be acknowledged, &c)— (a) after “enrolled in” insert “the Business and Property Division of the High Court in England and Wales or”; (b) omit “England or”. Public Notaries Act 1843 2 In section 5 of the Public Notaries Act 1843 (appeal), for “Chancellor of the High Court” substitute “President of the Business and Property Division of the High Court”, in each place it occurs. National Debt Act 1870 3 In section 3 of the National Debt Act 1870 (interpretation of terms), in the definition of “The Court of Chancery”, for “Court of Chancery in England” substitute “Business and Property Division of the High Court in England and Wales”. Public Works Loans Act 1875 4 In section 28 of the Public Works Loans Act 1875 (application of money arising on taking possession, sale, mortgage, &c. by the Treasury), for “Chancery Division” substitute “Business and Property Division”. Technical and Industrial Institutions Act 1892 5 In section 7 of the Technical and Industrial Institutions Act 1892 (conveyances by limited owners), in subsection (2), for “Chancery Division” substitute “Business and Property Division”. Public Trustee Act 1906 6 In the following provisions of the Public Trustee Act 1906, for “Chancery Division” substitute “Business and Property Division”— (a) section 10 (appeal to the court), in subsection (2); (b) section 13 (investigation and audit of trust accounts), in subsection (7). Law of Property Act 1922 7 In section 188 of the Law of Property Act 1922 (general definitions and jurisdiction of the court), in subsection (6), for “Chancery Division” substitute “Business and Property Division”. Settled Land Act 1925 8 In section 113 of the Settled Land Act 1925 (jurisdiction and procedure), in subsection (1), for “Chancery Division” substitute “Business and Property Division”. Law of Property Act 1925 9 In section 203 of the Law of Property Act 1925 (payment into court, jurisdiction and procedure), in subsection (4), for “Chancery Division” substitute “Business and Property Division”. Courts Act 1971 10 In Schedule 2 to the Courts Act 1971 (holders of certain existing judicial offices), in Part 1A (certain office-holders eligible for appointment as circuit judges), for “Master of the Chancery Division” substitute “Master of the Business and Property Division”. Judicial Pensions Act 1981 11 In Schedule 1 to the Judicial Pensions Act 1981 (certain Senior Courts and county court officers, and President of Transport Tribunal), in paragraph 1, for “Master, Chancery Division” substitute “Master, Business and Property Division”. Senior Courts Act 1981 12 (1) The Senior Courts Act 1981 is amended as follows. (2) In the following provisions, for “Chancellor of the High Court” substitute “President of the Business and Property Division”— (a) section 2 (the Court of Appeal), in subsections (2)(h) and (6); (b) section 4 (the High Court), in subsections (1)(d) and (6); (c) section 7 (power to alter Divisions or transfer certain courts to different Divisions), in subsection (2); (d) section 10 (appointment of judges of Senior Courts), in subsections (1), (3)(a) and (5)(d); (e) section 11 (tenure of office of judges of Senior Courts), in subsection (9)(a); (f) section 13 (precedence of judges of Senior Courts), in subsections (3) and (4); (g) section 98 (judges’ clerks and secretaries), in subsection (1). (3) In section 89 (masters and registrars), in subsection (3C), in the table, for the entry relating to the Chief Chancery Master substitute— Chief Master of the Business and Property Division | Master of the Business and Property Division . (4) In Schedule 1 (distribution of business in High Court), in paragraph 1 (and the heading before it), for “Chancery Division” substitute “Business and Property Division”. (5) In Part 2 of Schedule 2 (list of offices in Senior Courts for purposes of Part 4), in the first column of the table (office), for “Master, Chancery Division” substitute “Master, Business and Property Division”. County Courts Act 1984 13 (1) The County Courts Act 1984 is amended as follows. (2) In section 5 (judges of the county court), in subsection (2)(e), for “Chancellor of the High Court” substitute “President of the Business and Property Division”. (3) In section 18 (jurisdiction by agreement in certain actions), for “Chancery Division” substitute “Business and Property Division”. Matrimonial and Family Proceedings Act 1984 14 In section 31C of the Matrimonial and Family Proceedings Act 1984 (judges of the family court), in subsection (1)(e), for “Chancellor of the High Court” substitute “President of the Business and Property Division”. Insolvency Act 1986 15 In section 413 of the Insolvency Act 1986 (Insolvency Rules Committee), in subsection (3)(a), for “Chancery Division” substitute “Business and Property Division”. Courts and Legal Services Act 1990 16 (1) The Courts and Legal Services Act 1990 is amended as follows. (2) In the following provisions, for “Chancellor of the High Court” substitute “President of the Business and Property Division”— (a) section 1 (allocation of business between High Court, family court and county court), in subsection (9); (b) section 119 (interpretation), in subsection (1), in the definition of “designated judge”. (3) In the following provisions, for “Master of the Chancery Division” substitute “Master of the Business and Property Division”— (a) section 76 (judicial oaths), in subsection (1)(c); (b) Schedule 11 (judges etc barred from legal practice). Judicial Pensions and Retirement Act 1993 17 (1) The Judicial Pensions and Retirement Act 1993 is amended as follows. (2) In Schedule 1 (the offices which may be qualifying judicial offices)— (a) in Part 1 (judges), for “Chancellor of the High Court” substitute “President of the Business and Property Division”; (b) in Part 2 (other appointments, court officers), for “Master, Chancery Division” substitute “Master, Business and Property Division”. (3) In Schedule 5 (retirement provisions: the relevant offices), for “Master, Chancery Division” substitute “Master, Business and Property Division”, in each place it occurs. Employment Tribunals Act 1996 18 In section 5D of the Employment Tribunals Act 1996 (judicial assistance), in subsection (4)(b)(ia), for “or Family Division, or the Chancellor, of” substitute “, the Family Division or the Business and Property Division of”. Human Rights Act 1998 19 In section 4 of the Human Rights Act 1998 (declaration of incompatibility), in subsection (5)(f), for “Chancellor of the High Court” substitute “President of the Business and Property Division”. Access to Justice Act 1999 20 In section 56 of the Access to Justice Act 1999 (power to prescribe alternative destination of appeals), in subsection (4)(e), for “Chancellor of the High Court” substitute “President of the Business and Property Division”. Land Registration Act 2002 21 In section 127 of the Land Registration Act 2002 (exercise of powers), in subsection (2)(a), for “Chancery Division” substitute “Business and Property Division”. Courts Act 2003 22 (1) The Courts Act 2003 is amended as follows. (2) In the following provisions, for “Chancellor of the High Court” substitute “President of the Business and Property Division”— (a) section 2 (court officers, staff and services), in subsection (7)(e); (b) section 62 (Head and Deputy Head of Civil Justice), in subsection (4)(b)(i); (c) section 64 (power to alter judicial titles), in subsections (2) and (4)(d); (d) section 92 (fees), in subsection (5)(d); (e) paragraph 12(4)(d) of Schedule 7 (enforcement of certain writs and warrants). (3) In section 64 (power to alter judicial titles), in subsection (2)— (a) for “Chief Chancery Master” substitute “Chief Master of the Business and Property Division”; (b) for “Master of the Chancery Division” substitute “Master of the Business and Property Division”. Constitutional Reform Act 2005 23 (1) The Constitutional Reform Act 2005 is amended as follows. (2) In the following provisions, for “Chancellor of the High Court” substitute “President of the Business and Property Division”— (a) section 16 (functions of the Lord Chief Justice during vacancy or incapacity), in subsection (3)(d); (b) section 52 (fees), in subsection (5)(i); (c) section 60 (interpretation of Part 3), in subsection (1), in paragraph (i) of the definition of “the senior judges”; (d) section 67 (selection of Lord Chief Justice and Heads of Division), in subsection (1)(e); (e) section 109 (disciplinary powers: interpretation), in subsection (5)(d); (f) section 122 (interpretation of Part 4), in paragraph (d) of the definition of “Head of Division”. (3) In Schedule 4 (other functions of the Lord Chancellor and organisation of the courts)— (a) in paragraph 1(1) and (2), for “Chancellor of the High Court” substitute “President of the Business and Property Division”; (b) in paragraph 6, for “Chancery Division” substitute “Business and Property Division”. (4) In Table 2 of Schedule 14 (the Judicial Appointments Commission: relevant offices and enactments)— (a) for “Master, Chancery Division” substitute “Master, Business and Property Division”; (b) for “Chief Chancery Master” substitute “Chief Master of the Business and Property Division”. Mental Capacity Act 2005 24 In section 46 of the Mental Capacity Act 2005 (the judges of the Court of Protection), in subsection (2)(b), for “Chancellor of the High Court” substitute “President of the Business and Property Division”. Tribunals, Courts and Enforcement Act 2007 25 In section 6 of the Tribunals, Courts and Enforcement Act 2007 (certain judges who are also judges of the First-tier Tribunal and Upper Tribunal), in subsection (1)(ze), for “Chancellor of the High Court” substitute “President of the Business and Property Division of the High Court”. Charities Act 2011 26 In section 115 of the Charities Act 2011 (proceedings by other persons), in subsection (5), for “Chancery Division” substitute “Business and Property Division”. Crime and Courts Act 2013 27 In the following provisions of the Crime and Courts Act 2013, for “Chancellor of the High Court” substitute “President of the Business and Property Division”— (a) section 20 (judicial appointments); (b) in Schedule 13 (judicial appointments)— (i) paragraph 85, in the definition of “Head of Division”; (ii) paragraph 86. Public Service Pensions and Judicial Offices Act 2022 28 In Schedule 3 to the Public Service Pensions and Judicial Offices Act 2022 (judicial offices), in Part 1— (a) for “Deputy Master, Chancery Division” substitute “Deputy Master, Business and Property Division”; (b) for “Master, Chancery Division” substitute “Master, Business and Property Division”.