Race Relations Act 1976 (Repealed)

Sheriff courts and designated county courts E+W+S

67 Sheriff courts and designated county courts. E+W+S

(1) For the purposes of this Act a “designated" county court is one designated for the time being for those purposes by an order made by the Lord Chancellor [F1 with the concurrence of the Lord Chief Justice] .

(2) An order under subsection (1) designating any county court for the purposes of this Act shall assign to that court as its district for those purposes any county court district or two or more county court districts.

(3) A designated county court or a sheriff court shall have jurisdiction to entertain proceedings under this Act with respect to an act done on a ship, aircraft or hovercraft outside its district, including such an act done outside Great Britain.

[F2 (3A) A designated county court or a sheriff court shall have jurisdiction to entertain proceedings under this Act with respect to an act done outside the United Kingdom where section 19B applies in relation to such an act by virtue of section 27(1A).]

(4) In any proceedings under this Act in a designated county court or a sheriff court the judge or sheriff shall, unless with the consent of the parties he sits without assessors, be assisted by two assessors appointed from a list of persons prepared and maintained by the Secretary of State, being persons appearing to the Secretary of State to have special knowledge and experience of problems connected with relations between persons of different racial groups.

(5) The remuneration of assessors appointed under subsection (4) shall be at such rate as may, with the approval of [F3 the Treasury], be determined by the Lord Chancellor (for proceedings in England and Wales) or the Lord President of the Court of Session (for proceedings in Scotland).

[F4 (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

(6) Without prejudice to section 74(3), an order for the discontinuance of the jurisdiction of any county court under this Act, whether wholly or within a part of the district assigned to it for the purposes of this Act, may include provision with respect to any proceedings under this Act commenced in that court before the order comes into operation.

Textual Amendments

F1 Words in s. 67(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 87(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F2 S. 67(3A) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 12 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F3 Words substituted by S.I. 1981/1670, arts. 2(2), 3(5)

F4 S. 67(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 87(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

[F5 67A National security: procedure. E+W+S

(1) Rules may make provision for enabling a court in which relevant proceedings have been brought, where it considers it expedient in the interests of national security—

(a) to exclude from all or part of the proceedings—

(i) the claimant;

(ii) the claimant’s representatives; or

(iii) the assessors (if any) appointed by virtue of section 67(4);

(b) to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded;

(c) to take steps to keep secret all or part of the reasons for its decision in the proceedings.

(2) The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, any proceedings from which the claimant and his representatives are excluded by virtue of subsection (1).

(3) A person appointed under subsection (2)—

(a) if appointed for the purposes of proceedings in England and Wales, must have a general qualification (within the meaning of section 71 of the M1 Courts and Legal Services Act 1990); and

(b) if appointed for the purposes of proceedings in Scotland, must be—

(i) an advocate; or

(ii) a solicitor who has by virtue of section 25A of the M2 Solicitors (Scotland) Act 1980 rights of audience in the Court of Session or the High Court of Justiciary.

(4) A person appointed under subsection (2) shall not be responsible to the person whose interests he is appointed to represent.

(5) In this section—

• “relevant proceedings” means proceedings brought under this Act—

  (a)

  in England and Wales, in a designated county court; or

  (b)

  in Scotland, in a sheriff court; and

• “rules” has the same meaning as in section 65.]

Textual Amendments

F5 S. 67A inserted (2.4.2001) by 2000 c. 34, s. 8 (with s. 10(5)); S.I. 2001/566, art. 2(1)

Marginal Citations

M1 1990 c. 41.

M2 1980 c. 46.