45 Abolition of descent to heir, curtesy, dower and escheat.
(1) With regard to the real estate and personal inheritance of every person dying after the commencement of this Act, there shall be abolished—
(a) All existing modes rules and canons of descent, and of devolution by special occupancy or otherwise, of real estate, or of a personal inheritance, whether operating by the general law or by the custom of gavelkind or borough english or by any other custom of any county, locality, or manor, or otherwise howsoever; and
(b) Tenancy by the curtesy and every other estate and interest of a husband in real estate as to which his wife dies intestate, whether arising under the general law or by custom or otherwise; and
(c) Dower and freebench and every other estate and interest of a wife in real estate as to which her husband dies intestate, whether arising under the general law or by custom or otherwise: Provided that where a right (if any) to freebench or other like right has attached before the commencement of this Act which cannot be barred by a testamentary or other disposition made by the husband, such right shall, unless released, remain in force as an equitable interest; and
(d) Escheat to the Crown or the Duchy of Lancaster or the Duke of Cornwall or to a mesne lord for want of heirs.
(2) Nothing in this section affects the descent or devolution of an entailed interest.
46 Succession to real and personal estate on intestacy.
(1) The residuary estate of an intestate shall be distributed in the manner or be held on the trusts mentioned in this section, namely:—
(i) If the intestate leaves a spouse or civil partner, then in accordance with the following table:
TABLE
The amount of the fixed net sum referred to in paragraph (B) of case (2) of this Table is to be determined in accordance with Schedule 1A.
(1) If the intestate leaves no issue: | the residuary estate shall be held in trust for the surviving spouse or civil partner absolutely.
(2) If the intestate leaves issue: | (A) the surviving spouse or civil partner shall take the personal chattels absolutely; (B) the residuary estate of the intestate (other than the personal chattels) shall stand charged with the payment of a fixed net sum, free of death duties and costs, to the surviving spouse or civil partner, together with simple interest on it from the date of the death at the rate provided for by subsection (1A) until paid or appropriated; and (C) subject to providing for the sum and interest referred to in paragraph (B), the residuary estate (other than the personal chattels) shall be held—(a) as to one half, in trust for the surviving spouse or civil partner absolutely, and(b) as to the other half, on the statutory trusts for the issue of the intestate.
(ii) If the intestate leaves issue but no spouse or civil partner, the residuary estate of the intestate shall be held on the statutory trusts for the issue of the intestate;
(iii) If the intestate leaves no spouse or civil partner and no issue but both parents, then, ..., the residuary estate of the intestate shall be held in trust for the father and mother in equal shares absolutely;
(iv) If the intestate leaves no spouse or civil partner and no issue but one parent, then, ..., the residuary estate of the intestate shall be held in trust for the surviving father or mother absolutely;
(v) If the intestate leaves no spouse or civil partner and no issue and no parent, then ..., the residuary estate of the intestate shall be held in trust for the following persons living at the death of the intestate, and in the following order and manner, namely:—
First, on the statutory trusts for the brothers and sisters of the whole blood of the intestate; but if no person takes an absolutely vested interest under such trusts, then
Secondly, on the statutory trusts for the brothers and sisters of the half blood of the intestate; but if no person takes an absolutely vested interest under such trusts; then
Thirdly, for the grandparents of the intestate and, if more than one survive the intestate, in equal shares; but if there is no member of this class; then
Fourthly, on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the whole blood of a parent of the intestate); but if no person takes an absolutely vested interest under such trusts; then
Fifthly, on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the half blood of a parent of the intestate); ...;
(vi) In default of any person taking an absolute interest under the foregoing provisions, the residuary estate of the intestate shall belong to the Crown or to the Duchy of Lancaster or to the Duke of Cornwall for the time being, as the case may be, as bona vacantia, and in lieu of any right to escheat.
The Crown or the said Duchy or the said Duke may (without prejudice to the powers reserved by section nine of the Civil List Act, 1910, or any other powers), out of the whole or any part of the property devolving on them respectively, provide, in accordance with the existing practice, for dependants, whether kindred or not, of the intestate, and other persons for whom the intestate might reasonably have been expected to make provision.
(1A) The interest rate referred to in paragraph (B) of case (2) of the Table in subsection (1)(i) is the Bank of England rate that had effect at the end of the day on which the intestate died.
(2) A husband and wife shall for all purposes of distribution or division under the foregoing provisions of this section be treated as two persons.
(2A) Where the intestate’s spouse or civil partner survived the intestate but died before the end of the period of 28 days beginning with the day on which the intestate died, this section shall have effect as respects the intestate as if the spouse or civil partner had not survived the intestate.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The interest payable on the fixed net sum payable to a surviving spouse or civil partner shall be primarily payable out of income.
(5) In subsection (1A) “Bank of England rate” means—
(a) the rate announced by the Monetary Policy Committee of the Bank of England as the official bank rate, or
(b) where an order under section 19 of the Bank of England Act 1998 (reserve powers) is in force, any equivalent rate determined by the Treasury under that section.
(6) The Lord Chancellor may by order made by statutory instrument amend the definition of “Bank of England rate” in subsection (5) (but this subsection does not affect the generality of subsection (7)(b)).
(7) The Lord Chancellor may by order made by statutory instrument—
(a) amend subsection (1A) so as to substitute a different interest rate (however specified or identified) for the interest rate for the time being provided for by that subsection;
(b) make any amendments of, or repeals in, this section that may be consequential on or incidental to any amendment made by virtue of paragraph (a).
(8) A statutory instrument containing an order under subsection (6) is subject to annulment pursuant to a resolution of either House of Parliament.
(9) A statutory instrument containing an order under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(1) This section applies where a person—
(a) is entitled in accordance with section 46 to an interest in the residuary estate of an intestate but disclaims it, or
(b) would have been so entitled had the person not been precluded by the forfeiture rule from acquiring it.
(2) The person is to be treated for the purposes of this Part as having died immediately before the intestate.
(3) But in a case within subsection (1)(b), subsection (2) does not affect the power conferred by section 2 of the Forfeiture Act 1982 (power of court to modify the forfeiture rule).
(4) In this section “forfeiture rule” has the same meaning as in the Forfeiture Act 1982.
47 Statutory trusts in favour of issue and other classes of relatives of intestate.
(1) Where under this Part of this Act the residuary estate of an intestate, or any part thereof, is directed to be held on the statutory trusts for the issue of the intestate, the same shall be held upon the following trusts, namely:—
(i) In trust, in equal shares if more than one, for all or any the children or child of the intestate, living at the death of the intestate, who attain the age of eighteen years or marry under that ageor form a civil partnership under that age, and for all or any of the issue living at the death of the intestate who attain the age of eighteen years or marry, or form a civil partnership, under that age of any child of the intestate who predeceases the intestate, such issue to take through all degrees, according to their stocks, in equal shares if more than one, the share which their parent would have taken if living at the death of the intestate, and so that(subject to section 46A) no issue shall take whose parent is living at the death of the intestate and so capable of taking;
(ii) The statutory power of advancement, and the statutory provisions which relate to maintenance and accumulation of surplus income, shall apply, but when an infant marries, or forms a civil partnership, such infant shall be entitled to give valid receipts for the income of the infant’s share or interest;
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv) The personal representatives may permit any infant contingently interested to have the use and enjoyment of any personal chattels in such manner and subject to such conditions (if any) as the personal representatives may consider reasonable, and without being liable to account for any consequential loss.
(2) If the trusts in favour of the issue of the intestate fail by reason of no child or other issue attaining an absolutely vested interest—
(a) the residuary estate of the intestate and the income thereof and all statutory accumulations, if any, of the income thereof, or so much thereof as may not have been paid or applied under any power affecting the same, shall go, devolve and be held under the provisions of this Part of this Act as if the intestate had died without leaving issue living at the death of the intestate;
(b) references in this Part of this Act to the intestate “leaving no issue” shall be construed as “leaving no issue who attain an absolutely vested interest”;
(c) references in this Part of this Act to the intestate “leaving issue” or “leaving a child or other issue” shall be construed as “leaving issue who attain an absolutely vested interest.”
(3) Where under this Part of this Act the residuary estate of an intestate or any part thereof is directed to be held on the statutory trusts for any class of relatives of the intestate, other than issue of the intestate, the same shall be held on trusts corresponding to the statutory trusts for the issue of the intestate (other than the provision for bringing any money or property into account) as if such trusts (other than as aforesaid) were repeated with the substitution of references to the members or member of that class for references to the children or child of the intestate.
(4) References in paragraph (i) of subsection (1) of the last foregoing section to the intestate leaving, or not leaving, a member of the class consisting of brothers or sisters of the whole blood of the intestate and issue of brothers or sisters of the whole blood of the intestate shall be construed as references to the intestate leaving, or not leaving, a member of that class who attains an absolutely vested interest.
(4A) Subsections (2) and (4) are subject to section 46A.
(4B) Subsections (4C) and (4D) apply if a beneficiary under the statutory trusts—
(a) fails to attain an absolutely vested interest because the beneficiary dies without having reached 18 and without having married or formed a civil partnership, and
(b) dies leaving issue.
(4C) The beneficiary is to be treated for the purposes of this Part as having died immediately before the intestate.
(4D) The residuary estate (together with the income from it and any statutory accumulations of income from it) or so much of it as has not been paid or applied under a power affecting it is to devolve accordingly.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48 Powers of personal representative in respect of interests of surviving spouse.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The personal representatives may raise—
(a) the fixed net sum or any part thereof and the interest thereon payable to the surviving spouse or civil partner of the intestate on the security of the whole or any part of the residuary estate of the intestate (other than the personal chattels), so far as that estate may be sufficient for the purpose or the said sum and interest may not have been satisfied by an appropriation under the statutory power available in that behalf; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and ... the amount, if any, properly required for the payment of the costs of the transaction.
(1) Where any person dies leaving a will effectively disposing of part of his property, this Part of this Act shall have effect as respects the part of his property not so disposed of subject to the provisions contained in the will and subject to the following modifications:—
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) The personal representative shall, subject to his rights and powers for the purposes of administration, be a trustee for the persons entitled under this Part of this Act in respect of the part of the estate not expressly disposed of unless it appears by the will that the personal representative is intended to take such part beneficially.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) References to any Statutes of Distribution in an instrument inter vivos made or in a will coming into operation after the commencement of this Act, shall be construed as references to this Part of this Act; and references in such an instrument or will to statutory next of kin shall be construed, unless the context otherwise requires, as referring to the persons who would take beneficially on an intestacy under the foregoing provisions of this Part of this Act.
(2) Trusts declared in an instrument inter vivos made, or in a will coming into operation, before the commencement of this Act by reference to the Statutes of Distribution, shall, unless the contrary thereby appears, be construed as referring to the enactments (other than the Intestates’ Estates Act, 1890) relating to the distribution of effects of intestates which were in force immediately before the commencement of this Act.
(3) In subsection (1) of this section the reference to this Part of this Act, or the foregoing provisions of this Part of this Act, shall in relation to an instrument inter vivos made, or a will or codicil coming into operation, after the coming into force of section 18 of the Family Law Reform Act 1987 (but not in relation to instruments inter vivos made or wills or codicils coming into operation earlier) be construed as including references to that section.
(1) Nothing in this Part of this Act affects the right of any person to take beneficially, by purchase, as heir either general or special.
(2) The foregoing provisions of this Part of this Act do not apply to any beneficial interest in real estate (not including chattels real) to which a person of unsound mind or defective living and of full age at the commencement of this Act, and unable, by reason of his incapacity, to make a will, who thereafter dies intestate in respect of such interest without having recovered his testamentary capacity, was entitled at his death, and any such beneficial interest (not being an interest ceasing on his death), shall, without prejudice to any will of the deceased, devolve in accordance with the general law in force before the commencement of this Act applicable to freehold land, and that law shall, notwithstanding any repeal, apply to the case.
For the purposes of this subsection, a person of unsound mind or defective who dies intestate as respects any beneficial interest in real estate shall not be deemed to have recovered his testamentary capacity unless his . . . receiver has been discharged.
(3) Where an infant dies after the commencement of this Act without having been marriedor having formed a civil partnership, and without issue, and independently of this sub-section he would, at his death, have been equitably entitled under a trust or settlement (including a will) to a vested estate in fee simple or absolute interest in freehold land, or in any property . . . to devolve therewith or as freehold land, such infant shall be deemed to have had a life interest, and the trust or settlement shall be construed accordingly.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Part of this Act “real and personal estate” means every beneficial interest (including rights of entry and reverter) of the intestate in real and personal estate which (otherwise than in right of a power of appointment or of the testamentary power conferred by statute to dispose of entailed interests) he could, if of full age and capacity, have disposed of by his will and references (however expressed) to any relationship between two persons shall be construed in accordance with section 1 of the Family Law Reform Act 1987
(1) Nothing in this Act shall derogate from the powers of the High Court which exist independently of this Act or alter the distribution of business between the several divisions of the High Court, or operate to transfer any jurisdiction from the High Court to any other court.
(2) Nothing in this Act shall affect any unrepealed enactment in a public general Act dispensing with probate or administration as respects personal estate not including chattels real.
(3) Nothing in this Act shall—
(a) alter any death duty payable in respect of real estate or impose any new duty thereon:
(b) render any real estate liable to legacy duty or exempt it from succession duty:
(c) alter the incidence of any death duties.
In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
(1) (i) “Administration” means, with reference to the real and personal estate of a deceased person, letters of administration, whether general or limited, or with the will annexed or otherwise:
(ii) “Administrator” means a person to whom administration is granted:
(iii) “Conveyance” includes a mortgage, charge by way of legal mortgage, lease, assent, vesting, declaration, vesting instrument, disclaimer, release and every other assurance of property or of an interest therein by any instrument, except a will, and “convey” has a corresponding meaning, and “disposition” includes a “conveyance” also a devise bequest and an appointment of property contained in a will, and “dispose of” has a corresponding meaning:
(iiiA) “the County Court limit”, in relation to any enactment contained in this Act, means the amount for the time being specified by an Order in Council under section 145 of the County Courts Act 1984 as the county court limit for the purposes of that enactment (or, where no such Order in Council has been made, the corresponding limit specified by Order in Council under section 192 of the County Courts Act 1959);
(iv) “the Court” means the High Court, and also the county court, where that court has jurisdiction, . . .:
(v) “Income” includes rents and profits:
(vi) “Intestate” includes a person who leaves a will but dies intestate as to some beneficial interest in his real or personal estate:
(via) “Land” has the same meaning as in the Law of Property Act 1925;
(vii) “Legal estates” mean the estates charges and interests in or over land (subsisting or created at law) which are by statute authorised to subsist or to be created at law; and “equitable interests” mean all other interests and charges in or over land . . .:
(viii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ix) “Pecuniary legacy” includes an annuity, a general legacy, a demonstrative legacy so far as it is not discharged out of the designated property, and any other general direction by a testator for the payment of money, including all death duties free from which any devise, bequest, or payment is made to take effect:
(x) “Personal chattels” means tangible movable property, other than any such property which—
consists of money or securities for money, or
was used at the death of the intestate solely or mainly for business purposes, or
was held at the death of the intestate solely as an investment:
(xi) “Personal representative” means the executor, original or by representation, or administrator for the time being of a deceased person, and as regards any liability for the payment of death duties includes any person who takes possession of or intermeddles with the property of a deceased person without the authority of the personal representatives or the court, and “executor” includes a person deemed to be appointed executor as respects settled land:
(xii) “Possession” includes the receipt of rents and profits or the right to receive the same, if any:
(xiii) “Prescribed” means prescribed by rules of court . . .:
(xiv) “Probate” means the probate of a will:
(xv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xvi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xvii) “Property” includes a thing in action and any interest in real or personal property:
(xviii) “Purchaser” means a lessee, mortgagee or other person who in good faith acquires an interest in property for valuable consideration, also an intending purchaser and “valuable consideration” includes marriage,and formation of a civil partnership, but does not include a nominal consideration in money:
(xix) “Real estate” save as provided in Part IV of this Act means real estate, including chattels real, which by virtue of Part I of this Act devolves on the personal representative of a deceased person:
(xx) “Representation” means the probate of a will and administration, and the expression “taking out representation” refers to the obtaining of the probate of a will or of the grant of administration:
(xxi) “Rent” includes a rent service or a rentcharge, or other rent, toll, duty, or annual or periodical payment in money or money’s worth, issuing out of or charged upon land, but does not include mortgage interest; and “rentcharge” includes a fee farm rent:
(xxii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxiii) “Securities” include stocks, funds, or shares:
(xxiv) “Tenant for life,” “statutory owner,” . . . “settled land,” “settlement,” “trustees of the settlement,” “term of years absolute,” “death duties,” and “legal mortgage,” have the same meanings as in the Settled Land Act, 1925, and “entailed interest” and “charge by way of legal mortgage” have the same meanings as in the Law of Property Act, 1925:
(xxv) “Treasury solicitor” means the solicitor for the affairs of His Majesty’s Treasury, and includes the solicitor for the affairs of the Duchy of Lancaster:
(xxvi) “Trust corporation” means the public trustee or a corporation either appointed by the court in any particular case to be a trustee or entitled by rules made under subsection (3) of section four of the Public Trustee Act, 1906, to act as custodian trustee:
(xxvii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxviii) “Will” includes codicil.
(2) References to a child or issue living at the death of any person include a child or issue enventre sa mere at the death.
(3) References to the estate of a deceased person include property over which the deceased exercises a general power of appointment (including the statutory power to dispose of entailed interests) by his will.
The Acts mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule, but as respects the Acts mentioned in Part I of that Schedule only so far as they apply to deaths occurring after the commencement of this Act.
(1) The provisions of this Act bind the Crown and the Duchy of Lancaster, and the Duke of Cornwall for the time being, as respects the estates of persons dying after the commencement of this Act, but not so as to affect the time within which proceedings for the recovery of real or personal estate vesting in or devolving on His Majesty in right of His Crown, to His Duchy of Lancaster, or on the Duke of Cornwall, may be instituted.
(2) Nothing in this Act in any manner affects or alters the descent or devolution of any property for the time being vested in His Majesty either in right of the Crown or of the Duchy of Lancaster or of any property for the time being belonging to the Duchy of Cornwall.
(1) This Act may be cited as the Administration of Estates Act, 1925.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) This Act extends to England and Wales only.
Part I . . .
Part II Order of Application of Assets where the Estate is solvent
1 Property of the deceased undisposed of by will, subject to the retention thereout of a fund sufficient to meet any pecuniary legacies.
2 Property of the deceased not specifically devised or bequeathed but included (either by a specific or general description) in a residuary gift, subject to the retention out of such property of a fund sufficient to meet any pecuniary legacies, so far as not provided for as aforesaid.
3 Property of the deceased specifically appropriated or devised or bequeathed (either by a specific or general description) for the payment of debts.
4 Property of the deceased charged with, or devised or bequeathed (either by a specific or general description) subject to a charge for the payment of debts.
5 The fund, if any, retained to meet pecuniary legacies.
6 Property specifically devised or bequeathed, rateably according to value.
7 Property appointed by will under a general power, including the statutory power to dispose of entailed interests, rateably according to value.
8 The following provisions shall also apply—
(a) The order of application may be varied by the will of the deceased.
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 This Schedule has effect for determining the fixed net sum referred to in paragraph (B) of case (2) of the Table in section 46(1)(i).
2 On the coming into force of this Schedule, the amount of the fixed net sum is the amount fixed by order under section 1(1)(a) of the Family Provision Act 1966 immediately before the coming into force of this Schedule.
3 (1) The Lord Chancellor may from time to time by order made by statutory instrument specify the amount of the fixed net sum.
(2) An order under sub-paragraph (1) relates only to deaths occurring after the coming into force of the order.
(3) The first order under sub-paragraph (1) supersedes paragraph 2 of this Schedule.
(4) A statutory instrument containing an order under sub-paragraph (1) is subject to annulment pursuant to a resolution of either House of Parliament.
(5) Sub-paragraph (4) does not apply in the case mentioned in paragraph 6(3), or in the case of an instrument which also contains provision made by virtue of paragraph 8.
4 (1) This paragraph applies where—
(a) a figure for the consumer prices index for a month has become available, and
(b) the consumer prices index for that month is more than 15% higher than the consumer prices index for the base month.
(2) The Lord Chancellor must, before the end of the period of 21 days beginning with the day on which the figure mentioned in sub-paragraph (1)(a) becomes available ( “ the publication date ”), make an order under paragraph 3(1).
(3) But if the Lord Chancellor determines under paragraph 6 that the order should specify an amount other than that mentioned in paragraph 6(1), the Lord Chancellor is to be taken to have complied with sub-paragraph (2) if, within the period of 21 days beginning with the publication date—
(a) a draft of a statutory instrument containing the order is laid before each House of Parliament, and
(b) paragraph 6(4) is complied with.
(4) In this paragraph—
“the base month” means—
the month in which this Schedule came into force, or
if one or more orders under paragraph 3(1) have been made before the publication date, the most recent month for which a figure for the consumer prices index was available when the Lord Chancellor made the most recent of those orders;
“consumer prices index” means—
the all items consumer prices index published by the Statistics Board, or
if that index is not published for a relevant month, any substituted index or index figures published by the Statistics Board.
5 The Lord Chancellor must ensure that the power under paragraph 3(1) is exercised in such a way that an order is made—
(a) before the end of the period of 5 years beginning with the date this Schedule comes into force, and then
(b) before the end of the period of 5 years since the date on which the last order under paragraph 3(1) was made, and so on.
6 (1) Unless the Lord Chancellor otherwise determines, an order under paragraph 3(1) must specify the amount given by paragraph 7(2) or (as the case requires) 7(3).
(2) If the Lord Chancellor does otherwise determine—
(a) an order under paragraph 3(1) may provide for the fixed net sum to be of any amount (including an amount equal to or lower than the previous amount), and
(b) the Lord Chancellor must prepare a report stating the reason for the determination.
(3) A statutory instrument containing an order under paragraph 3(1) that specifies an amount other than that mentioned in sub-paragraph (1) of this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(4) The Lord Chancellor must lay the report before Parliament no later than the date on which the draft of the instrument containing the order is laid before Parliament.
7 (1) The amount mentioned in paragraph 6(1) is found as follows.
(2) If the consumer prices index for the current month is higher than that for the base month, the amount to be specified in the order is found by—
(a) increasing the amount of the previous fixed net sum by the same percentage as the percentage increase in the consumer prices index between the base month and the current month, and
(b) if the resulting figure is not a multiple of £1,000, rounding it up to the nearest multiple of £1,000.
(3) If the consumer prices index for the current month is the same as, or lower than, that for the base month, the amount specified in the order is to be the same as the amount of the previous fixed net sum.
(4) In this paragraph—
“the base month” means—
in the case of the first order under paragraph 3(1), the month in which this Schedule came into force, and
in the case of each subsequent order, the month which was the current month in relation to the previous order;
“the current month” means the most recent month for which a figure for the consumer prices index is available when the Lord Chancellor makes the order;
“consumer prices index” has the same meaning as in paragraph 4.
8 (1) The Lord Chancellor may by order made by statutory instrument amend paragraphs 4 and 7 so as to—
(a) substitute for references to the consumer prices index (as defined) references to another index, and
(b) make amendments in those paragraphs consequential on that substitution.
(2) A statutory instrument containing an order under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.