The Civil Courts (Amendment) (No. 2) Order 2012

Statutory Instruments

2012 No. 1954

Senior Courts Of England And Wales

County Courts, England And Wales

The Civil Courts (Amendment) (No. 2) Order 2012

Made

23rd July 2012

Laid before Parliament

26th July 2012

Coming into force

10th September 2012

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 2(1) of the County Courts Act 1984(1), section 33(1) of the Matrimonial and Family Proceedings Act 1984(2) and section 99(1) of the Senior Courts Act 1981(3).

In accordance with section 2(1) of the County Courts Act 1984 and section 99(1) of the Senior Courts Act 1981, the Lord Chancellor has consulted the Lord Chief Justice before making this Order.

In accordance with section 33(1) of the Matrimonial and Family Proceedings Act 1984, the Lord Chief Justice concurs in the making of this Order.

Citation and Commencement

1.  This Order may be cited as the Civil Courts (Amendment) (No. 2) Order 2012 and shall come into force on 10th September 2012.

Closure of Pontefract County Court

2.  The holding of Pontefract County Court is discontinued.

Transitional Provisions

3.  Wakefield County Court shall have jurisdiction in proceedings pending at Pontefract County Court before this Order comes into force in accordance with directions made under section 2 of the County Courts Act 1984.

4.  No process shall be invalid only because Pontefract County Court has been discontinued by this Order.

Amendments to the Civil Courts Order 1983

5.—(1) The Civil Courts Order 1983(4) is amended as follows.

(2) In Schedule 1, omit “Pontefract” from its position in the first column and the corresponding entry for “Pontefract” in the second column.

(3) In Schedule 3, omit the entry relating to Pontefract County Court.

Signed by authority of the Lord Chancellor

J. Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

18th July 2012

I concur

Judge C.J.

Lord Chief Justice

23rd July 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Civil Courts Order 1983 (S.I. 1983/713). As of 10th September 2012 Pontefract County Court is discontinued and ceases to be a divorce court or a district registry of the High Court.

Cases under the jurisdiction of Pontefract County Court before the coming into force of this Order will be transferred to Wakefield County Court in accordance with directions made by the Lord Chancellor. These directions are available at http://www.justice.gov.uk/legislation/bills-and-acts/directions.

(1)

1984 c.28. Section 2(1) was amended by paragraphs 160 and 161 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

(2)

1984 c.42. Section 33(1) was amended by paragraphs 171 and 172 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

(3)

1981 c. 54. Section 99(1) was amended by paragraphs 114 and 143(1) and (2) of Schedule 4 to the Constitutional Reform Act 2005 (c.4).

(4)

S.I. 1983/713. There have been numerous amendments none of which is relevant.