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

[F2 6 District judges. E+W

(1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint district judges.

(2) The Lord Chief Justice, after consulting the Lord Chancellor—

(a) must assign each district judge to one or more districts;

(b) may change an assignment so as to assign the district judge to a different district or districts.

(3) A reference in any enactment or other instrument to the district judge for a district or of a county court is a reference to any district judge assigned to the district concerned.

(4) Every district judge is, by virtue of his office, capable of acting in any district whether or not assigned to it, but may do so only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

(5) A district judge is to be paid such salary as may be determined by the Lord Chancellor with the concurrence of the Treasury.

(6) A salary payable under this section may be increased but not reduced by a determination or further determination under this section.]

Textual Amendments

F2 S. 6 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 14, 148(1), Sch. 3 para. 1; S.I. 2006/1014, art. 2(a), Sch. 1 para. 9

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F3 S. 7 repealed (31.3.1995) by 1993 c. 8, s. 31(3)(4), Sch. 8 para. 17(a), Sch.9; S.I. 1995/631, art.2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

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 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".

C2 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)

C3 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 [F12 , but only with the concurrence of the Lord Chief Justice].

(6) The Lord Chancellor may [F13 , with the concurrence of the Lord Chief Justice,] 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

F12 Words in s. 11(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 164(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

F13 Words in s. 11(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 164(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

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”.”

12 Records of proceedings to be kept by [F14 district judges]. E+W

(1) The [F14 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 [F14 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.

[F15 (3) The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.

(4) 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.]

Textual Amendments

F14 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42

F15 S. 12(3)(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 165; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

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”.”