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County Courts Act 1984

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Changes over time for: Cross Heading: District judges , assistant district judges and deputy district judges

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Version Superseded: 31/03/1995

Status:

Point in time view as at 01/02/1991.

Changes to legislation:

County Courts Act 1984, Cross Heading: District judges , assistant district judges and deputy district judges is up to date with all changes known to be in force on or before 09 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1District judges] , [F1assistant district judges] and [F1deputy district judges]E+W

6[F2District judges]. E+W

(1)Subject ot the provisions of this section, there shall be a [F2district judge] for each district, who shall be appointed by the Lord Chancellor and paid such salary as the Lord Chancellor may, with the concurrence of the Treasury, direct.

(2)The Lord Chancellor may, if he thinks fit, appoint a person to be [F2district judge] for two or more districts.

(3)The Lord Chancellor may, if he thinks fit, appoint two or more persons to execute jointly the office of [F2district judge] for a district and may, in any case where joint [F2district judges] are appointed, give directions with respect to the division between them of the duties of the office.

(4)The Lord Chancellor may, as he thinks fit, on the death, resignation or removal of a joint [F2district judge] , either appoint another person to be joint [F2district judge] in his place or give directions that the continuing [F2district judge] shall act as sole [F2district judge] or, as the case may be, that the continuing [F2district judges] shall execute jointly the office of [F2district judge].

(5)The [F2district judge]for any district shall be capable of acting in any other district for the [F2district judge]of that other district.

Textual Amendments

Modifications etc. (not altering text)

C1Ss. 6–9, 11, 12 amended by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42 which provides that: “(a)for the word “registrar” in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted “district judge”; (b)for the words “assistant registrar” in each place where they occur there shall be substituted “assistant district judge”; and(c)for the words “deputy county court registrar” and “deputy registrar” in each place where they occur there shall be substituted “deputy district judge”.”

7[F3Assistant district judges]. E+W

(1)The Lord Chancellor may, with the concurrence of the Treasury as to numbers and salaries, appoint in connection with any court such [F3assistant district judges]as he considers necessary for carrying out the work of the court.

(2)An [F3assistant district judge]shall be capable of discharging any of the functions of the [F3district judge], and in so doing shall have the same powers and be subject to the same liabilities as if he were the [F3district judge].

Textual Amendments

Modifications etc. (not altering text)

C2Ss. 6–9, 11, 12 amended by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42 which provides that: “(a)for the word “registrar” in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted “district judge”; (b)for the words “assistant registrar” in each place where they occur there shall be substituted “assistant district judge”; and(c)for the words “deputy county court registrar” and “deputy registrar” in each place where they occur there shall be substituted “deputy district judge”.”

8[F4Deputy district judges]. E+W

(1)If it appears to the Lord Chancellor that it is expedient as a temporary measure to make an appointment under this subsection in order to facilitate the disposal of business in county courts, he may appoint a person to be [F4deputy district judge]for any county court district during such period or on such occasions as the Lord Chancellor thinks fit; and a [F4deputy district judge], while acting under his appointment, shall have the same powers and be subject to the same liabilities as if he were the [F4district judge].

(2)Notwithstanding the expiry of any period for which a person is appointed under this section to be [F4deputy district judge], he may act as such for the purpose of continuing to deal with, giving judgment in, or dealing with any ancillary matter relating to, any case with which he may have been concerned during the period of his appointment, and for that purpose whall be treated as acting under that appointment.

(3)The Lord Chancellor may pay to any person appointed under this section as [F4deputy district judge]such remuneration and allowances as he may, with the approval of the Treasury, determine.

Textual Amendments

Modifications etc. (not altering text)

C3Ss. 6–9, 11, 12 amended by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42 which provides that: “(a)for the word “registrar” in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted “district judge”; (b)for the words “assistant registrar” in each place where they occur there shall be substituted “assistant district judge”; and(c)for the words “deputy county court registrar” and “deputy registrar” in each place where they occur there shall be substituted “deputy district judge”.”

9 Qualifications. E+W

No person shall be appointed a [F5district judge], [F5assistant district judge]or [F5deputy district judge]unless [F6he has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990].

Textual Amendments

Modifications etc. (not altering text)

C4Ss. 6–9, 11, 12 amended by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42 which provides that: “(a)for the word “registrar” in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted “district judge”; (b)for the words “assistant registrar” in each place where they occur there shall be substituted “assistant district judge”; and(c)for the words “deputy county court registrar” and “deputy registrar” in each place where they occur there shall be substituted “deputy district judge”.”

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W

11 Tenure of office. E+W

(1)This subsection applies—

(a)to the office of [F8district judge]or [F8assistant district judge]; and

(b)to the office of part-time [F8district judge]or part-time [F8assistant district judge].

(2)Subject to the following provisions of this section, a person who holds an office to which subsection (1) applies shall vacate his office at the end of the completed year of service in which he attains the age of 72 years.

(3)Where the Lord Chancellor considers it desirable in the public interest to retain in office a person who holds an office to which subsection (1) applies after the time when he would otherwise retire in accordance with subsection (2), the Lord Chancellor may from time to time authorise the continuance in office of that person until such date, not being later than the date on which that person attains the age of 75 years, as he thinks fit.

(4)A person appointed to an office to which subsection (1) applies shall hold that office during good behaviour.

(5)The power to remove such a person from his office on account of misbehaviour shall be exercisable by the Lord Chancellor.

(6)The Lord Chancellor may also remove such a person from his office on account of inability to perform the duties of his office.

Textual Amendments

Modifications etc. (not altering text)

C5Ss. 6–9, 11, 12 amended by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42 which provides that: “(a)for the word “registrar” in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted “district judge”; (b)for the words “assistant registrar” in each place where they occur there shall be substituted “assistant district judge”; and(c)for the words “deputy county court registrar” and “deputy registrar” in each place where they occur there shall be substituted “deputy district judge”.”

12 Records of proceedings to be kept by [F9district judges]. E+W

(1)The [F9district judge]for every district shall keep or cause to be kept such records of and in relation to proceedings in the court for that district as the Lord Chancellor may by regulations made by statutory instrument prescribe.

(2)Any entry in a book or other document required by the said regulations to be kept for the purposes of this section, or a copy of any such entry or document purporting to be signed and certified as a true copy by the [F9district judge], shall at all times without further proof be admitted in any court or place whatsoever as evidence of the entry and of the proceeding referred to by it and of the regularity of that proceeding.

Textual Amendments

Modifications etc. (not altering text)

C6Ss. 6–9, 11, 12 amended by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42 which provides that: “(a)for the word “registrar” in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted “district judge”; (b)for the words “assistant registrar” in each place where they occur there shall be substituted “assistant district judge”; and(c)for the words “deputy county court registrar” and “deputy registrar” in each place where they occur there shall be substituted “deputy district judge”.”

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