Contents
Article 1Citation, commencement and extent#
(1)This Order may be cited as the Senior Courts (Transfer, Amendment and Consequential Provision) Order 2026.
(2)This Order comes into force on 1st October 2026.
(3)This Order extends to England and Wales.
Article 2Amendment of the Senior Courts Act 1981#
(1)The Senior Courts Act 1981 is amended as follows.
(2)In section 5(1)(a) (divisions of High Court)—
(a)for “Chancery Division” substitute “Business and Property Division”;
(b)for “the Chancellor of the High Court, who shall be president thereof,” substitute “the President of the Business and Property Division”.
(3)In section 6 (the Patents, Admiralty and Commercial Courts), for subsection (1) substitute—“1 There shall be as part of the Business and Property Division—a a Patents Court,b an Admiralty Court, andc a Commercial Court.”
Article 3Amendments of primary legislation#
Schedule 1 to this Order, which contains amendments to primary legislation in consequence of article 2, has effect.
Article 4Amendments of subordinate legislation#
Schedule 2 to this Order, which contains amendments to subordinate legislation in consequence of article 2, has effect.
Schedule 1 · Amendments to primary legislation
(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”.
(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.
(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”.
(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”.
(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”.
(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).
(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”.
(8)In section 113 of the Settled Land Act 1925 (jurisdiction and procedure), in subsection (1), for “Chancery Division” substitute “Business and Property Division”.
(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”.
(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”.
(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”.
(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—“”
(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”.
(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”.
(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”.
(15)In section 413 of the Insolvency Act 1986 (Insolvency Rules Committee), in subsection (3)(a), for “Chancery Division” substitute “Business and Property Division”.
(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).
(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.
(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”.
(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”.
(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”.
(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”.
(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”.
(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”.
(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”.
(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”.
(26)In section 115 of the Charities Act 2011 (proceedings by other persons), in subsection (5), for “Chancery Division” substitute “Business and Property Division”.
(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.
(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”.
Schedule 2 · Amendments to subordinate legislation
(1)In rule 15 of the Public Trustee Rules 1912, in paragraph (2)(a)—
(a)for “Chancery Division”, substitute “Business and Property Division”;
(b)for “Vice Chancellor”, substitute “President of the Business and Property Division”.
(2)In the following provisions of the Reserve and Auxiliary Forces (Protection of Civil Interests) Rules 1951, for “Chancery Division” substitute “Business and Property Division”—
(a)rule 12 (application for leave or for a declaratory order), in paragraph (4);
(b)rule 17 (service), in paragraph (6).
(3)In paragraphs 9(a) and 10(a) of the Schedule to the Pensions Increase (Judicial Pensions) Regulations 1972 (judicial pensions, together with tables giving multipliers), for “Chancery Division” substitute “Business and Property Division”.
(4)In Part 4 of Schedule 1 to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (excepted professions, offices, employments, work and occupations), in the definition of “judges of the Supreme Court”, for “Chancellor of the High Court” substitute “President of the Business and Property Division”.
(5)In Schedule 2 to the Judicial Pensions (Preservation of Benefits) Order 1988 (office), for “Master of the Supreme Court (Chancery Division)” substitute “Master of the Supreme Court (Business and Property Division)”.
(6)In Schedule 2 to the Judicial Pensions (Requisite Benefits) Order 1988 (office), for “Master of the Supreme Court (Chancery Division)” substitute “Master of the Supreme Court (Business and Property Division)”.
(7)In article 9 of the London Government Reorganisation (Property etc.) (No. 2) Order 1989 (rights and liabilities), in paragraph (2)(b), for “Chancery Division” substitute “Business and Property Division”.
(8)In article 5 of the West Yorkshire Residuary Body (Transfer of Property etc.) Order 1990 (transfer of proceedings), in paragraph (4), for “Chancery Division” substitute “Business and Property Division”.
(9)In Schedule 1 to the Cross-Border Insolvency Regulations 2006 (UNCITRAL Model Law on cross-border insolvency), in the text of article 4(1) (competent court), for “Chancery Division” substitute “Business and Property Division”.
(10)In rule 2.3(1) of the Family Procedure Rules 2010 (interpretation), in the definition of “judge”, in paragraph (b)(v), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.
(11)In regulation 2 of the Civil Legal Aid (Remuneration) Regulations 2013 (interpretation), in paragraph (1), in the definition of “judge of High Court judge level”, in sub-paragraph (e), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.
(12)In regulation 8 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (panels of members for tribunals), in paragraphs (2G)(a)(ii) and (2H)(b), for “or Family Division, or the Chancellor, of” substitute “, Family Division or Business and Property Division of”.
(13)In regulation 13 of the Judicial Appointments Commission Regulations 2013 (panels), in paragraph (15)(d), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.
(14)
(1)The Civil Courts Order 2014 is amended as follows.
(2)In article 1 (commencement, citation and interpretation), omit paragraph (2).
(3)In article 2 (district registries of the High Court), omit paragraph (3).
(4)In the Schedule, omit “(Chancery)”, in each place it occurs.
(15)In regulation 2 of the Family Court (Contempt of Court) (Powers) Regulations 2014, in the definition of “judge of High Court judge level”, in paragraph (e), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.
(16)In rule 2(1) of the Family Court (Composition and Distribution of Business) Rules 2014, in the definition of “judge of High Court judge level”, in paragraph (e), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.
(17)
(1)The Public Service Pensions Act 2013 (Judicial Offices) Order 2015 is amended as follows.
(2)In Schedule 1 (specified judicial offices)—
(a)for “Deputy Master, Chancery Division” substitute “Deputy Master, Business and Property Division”;
(b)for “Master, Chancery Division” substitute “Master, Business and Property Division”.
(3)In Schedule 2—
(a)for “Deputy Master, Chancery Division” substitute “Deputy Master, Business and Property Division”;
(b)for “Master, Chancery Division” substitute “Master, Business and Property Division”.
(18)In the following provisions of the Insolvency (England and Wales) Rules 2016, for “Chancery Division” substitute “Business and Property Division”—
(a)rule 10.122 (claim by mortgagee of land), in paragraph (6);
(b)rule 12.59 (appeals and reviews of court orders in corporate insolvency), in paragraph (4), in the definition of “Master”.
(19)In Schedule 1 to the Judicial Pensions (Fee-Paid Judges) Regulations 2017 (judicial offices), in table 3, for “Deputy Master of the Chancery Division” substitute “Deputy Master of the Business and Property Division”.
(20)In regulation 2 of the Trade Secrets (Enforcement, etc.) Regulations 2018 (interpretation), in the definition of “court”, for paragraph (a) substitute—“a in England and Wales, a County Court hearing centre specified in rule 63.13 of the Civil Procedure Rules 1998,”
(21)In rule 4.41 of the Housing Administration (England and Wales) Rules 2018 (appeals and reviews of housing administrative orders), in paragraph (5), in the definition of “Master”, for “Chancery Division” substitute “Business and Property Division”.
(22)In regulation 1 of the Prohibition of Cross-Examination in Person (fees of Court-Appointed Qualified Legal Representatives) Regulations 2022 (citation, commencement, interpretation and extent), in paragraph (3), in the definition of “judge of High Court judge level”, in sub-paragraph (f), for “Chancellor of the High Court” substitute “President of the Business and Property Division”.
(23)
(1)The Judicial Offices (Sitting in Retirement - Prescribed Offices and Descriptions) Regulations 2022 are amended as follows.
(2)In Schedule 1 (persons eligible for appointment to a sitting in retirement office), in table 1—
(a)in row 11—
(i)in column 1 (sitting in retirement office), for “Chancery Division” substitute “Business and Property Division”;
(ii)in column 2 (prescribed office(s)), after “Deputy Master, Chancery Division” insert “, Deputy Master, Business and Property Division”;
(b)in rows 18 and 20, in column 2, for “Chancellor of the High Court” substitute “President of the Business and Property Division”;
(c)in row 21—
(i)in column 1, for “Chancery Division” substitute “Business and Property Division”;
(ii)in column 2, after “Chief Chancery Master” insert “, Master, Business and Property Division, Chief Master of the Business and Property Division”.
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