County Courts Act 1984

[F1 District judges] , [F1 assistant district judges] and [F1 deputy district judges] E+W

Textual Amendments

F1 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42

6 [F2 District judges]. E+W

(1) Subject ot the provisions of this section, there shall be a [F2 district 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 [F2 district 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 [F2 district judge] for a district and may, in any case where joint [F2 district 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 [F2 district judge] , either appoint another person to be joint [F2 district judge] in his place or give directions that the continuing [F2 district judge] shall act as sole [F2 district judge] or, as the case may be, that the continuing [F2 district judges] shall execute jointly the office of [F2 district judge].

(5) The [F2 district judge]for any district shall be capable of acting in any other district for the [F2 district judge]of that other district.

Textual Amendments

F2 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42

Modifications etc. (not altering text)

C1 Ss. 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”.”

F3 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F3 S. 7 repealed (31.3.1995) by 1993 c. 8, s. 31(3)(4), Sch. 8 para. 17(a), Sch.9; S.I. 1995/631, art.2

8 [F4 Deputy 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 [ deputy district judge]for any county court district during such period or on such occasions as the Lord Chancellor thinks fit; and a [deputy district judge], while acting under his appointment, shall have the same powers and be subject to the same liabilities as if he were the [district judge].

[F5 (1A) Any appointment of a person as a deputy district judge—

(a) if he has previously held office as a district judge, shall not be such as to extend beyond the day on which he attains the age of 75 years; and

(b) in any other case, shall not be such as to extend beyond the day on which he attains the age of 70 years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F4 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF37), S. 125(3), Sch. 18 para. 42

F5 S. 8(1A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 17(1) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2

Modifications etc. (not altering text)

C2 Ss. 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 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".

C3 S. 8 restricted (31.3.1995) by 1993 c. 8, s. 26(7)(g) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2

9 Qualifications. E+W

No person shall be appointed a [F6 district judge], F7 . . .or [F6 deputy district judge]unless [F8 he has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990].

Textual Amendments

F6 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42

F7 Words in s. 9 repealed (31.3.1995) by 1993 c. 8, s. 31(3)(4), Sch. 8 para. 17(b), Sch.9; S.I. 1995/631, art.2

F8 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 57

Modifications etc. (not altering text)

C4 Ss. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W

Textual Amendments

F9 S. 10 repealed by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20

11 Tenure of office. E+W

[F10 (1) This subsection applies to the office of district judge.

(2) Subject to the following provisions of this section and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75), a person who holds an office to which subsection (1) applies shall vacate his office on the day on which he attains the age of 70 years.]

F11 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F10 S. 11(1)(2) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 17(3) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2

F11 S. 11(3) repealed and superseded (31.3.1995) by 1993 c. 8, ss. 26(4)-(6)(10), 31(4), Sch. 6 para. 17(4), Sch.9 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2

Modifications etc. (not altering text)

C5 Ss. 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 [F12 district judges]. E+W

(1) The [F12 district 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 [F12 district 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

F12 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42

Modifications etc. (not altering text)

C6 Ss. 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”.”