The Civil Courts (Amendment No. 2) Order 1984

Statutory Instruments

1984 No. 1075

SUPREME COURT OF ENGLAND AND WALES COUNTY COURTS

JURISDICTION

The Civil Courts (Amendment No. 2) Order 1984

Made

24th July 1984

Laid before Parliament

25th July 1984

Coming into Operation

1st October 1984

The Lord Chancellor, in exercise of the powers conferred on him by section 99(1) of the Supreme Court Act 1981; by section 29(1) of the Administration of Justice Act 1982; by section 1(1) of the Matrimonial Causes Act 1967; by section 55 of the County Courts Act 1959; by section 96 of the Bankruptcy Act 1914 and section 218(5) of the Companies Act 1948; and by section 67(1) and (2) of the Race Relations Act 1976, hereby makes the following order:—

1.  This Order may be cited as the Civil Courts (Amendment No. 2) Order 1984 and shall come into operation on the 1st October 1984.

District Registries of the High Court

2.  The district registry of the High Court at Whitehaven shall be closed.

3.  A district registry of the High Court shall be established at Workington.

County Courts

4.—(1) A county court shall be held at Colwyn Bay under the name of the Conwy and Colwyn County Court.

(2) The holding of the Ashby-de-la-Zouch, Bridgnorth, Conwy, Hinckley, Leominster, Stamford, Tonbridge and Whitehaven County Courts shall be discontinued.

(3) The county courts mentioned in column 2 of Schedule 1 to this Order shall have jurisdiction in proceedings commenced before this Order comes into operation in the courts mentioned opposite thereto in Column 1.

(4) No process shall be invalid only because the court is described therein by the name by which it was known before the coming into operation of this Order.

5.  For the purposes of section 1(1) of the Matrimonial Causes Act 1967 the Ashton-under-Lyne and Stalybridge County Court shall be a divorce county court and court of trial.

6.  For the purposes of section 55(1) of the County Courts Act 1959:—

(a) the Workington County Court shall be appointed to have Admiralty jurisdiction; and

(b) the districts of the Carlisle County Court and the Penrith County Court shall be assigned to the Workington County Court for Admiralty purposes.

7.  For the purposes of section 96(2) of the Bankruptcy Act 1914 and section 218(5) of the Companies Act 1948 the district of the Ludlow County Court shall be attached to the Hereford County Court and the district of the Woolwich County Court shall be attached to the Croydon County Court for the purposes of those jurisdictions.

8.  The amendments set out in Schedule 2 to this Order shall be made to the Civil Courts Order 1983, as amended(1), being amendments that are consequential upon the foregoing provisions of this Order.

Hailsham of St. Marylebone, C

Dated 24th July 1984

SCHEDULE 1 COURTS HAVING JURISDICTION IN PROCEEDINGS PENDING IN CLOSED COURTS

Column 1	Column 2
Ashby-de-la-Zouch	Burton-on-Trent
Bridgnorth	Wellington
Conwy	Conwy and Colwyn
Hinckley	Nuneaton
Leominster	Hereford
Stamford	Peterborough
Tonbridge	Tunbridge Wells
Whitehaven	Workington

SCHEDULE 2 CONSEQUENTIAL AMENDMENTS

The Civil Courts Order 1983 shall be amended as follows—

(1) in schedule 1:—

(a) after the entry relating to Worcester there shall be inserted the following new entry:

FIRST COLUMN	SECOND COLUMN
Workington	Workington

(b) the entry relating to the Whitehaven District Registry shall be deleted;

(c) the entries in the second column relating to Ashby-de-la-Zouch, Bridgnorth, Conwy, Hinckley, Leominster, Stamford and Tonbridge shall be deleted; and

(d) the words “Conwy and Colwyn” shall be inserted in the second column opposite the entry for Caernarfon in the first column.

(2)  in schedule 3:—

(a) the entries relating to the county courts at Ashby-de-la-Zouch, Bridgnorth, Hinckley, Leominster, Stamford, Tonbridge and Whitehaven shall be deleted;

(b) the word “Divorce” shall be inserted in the second column opposite the entry for Ashton-under-Lyne in the first column;

(c) the word “Admiralty” shall be inserted in the second column opposite the entry for Workington in the first column and the word “Whitehaven” in the third column thereof shall be deleted;

(d) the word “Workington” shall be inserted and the word “Whitehaven” shall be deleted in the third column opposite the entries for Carlisle and Penrith in the first column;

(e) the word “Hereford” shall be inserted and the word “Leominster” shall be deleted in the fourth column opposite the entry for Ludlow in the first column;

(f) the word “Croydon” shall be inserted and the words “High Court” shall be deleted in the fourth column opposite the entry for Woolwich in the first column; and

(g) after the entry relating to Colchester there shall be inserted the following new entry:

Column 1	Column 2	Column 3	Column 4	Column 5
Colwyn Bay		Bangor	Bangor	Wrexham

(3)  in schedule 4:—

(a) after the entry numbered 11 (for Colchester)the words, “The name of the county court at Colwyn Bay shall be the Conwy and Colwyn County Court” shall be inserted; and

(b) the new entry for Colwyn Bay shall be numbered 12 and the existing entries 12 to 17 shall be renumbered 13 to 18 respectively.

EXPLANATORY NOTE

This Order further amends the Civil Courts Order 1983 by:

(a) transferring the district registry of the High Court at Whitehaven to Workington on the closure of the county court at Whitehaven;

(b) establishing a county court at Colwyn Bay under the name of the Conwy and Colwyn County Court.

(c) closing the county courts at Ashby-de-la-Zouch, Bridgnorth, Conwy, Hinckley, Leominster, Stamford, Tonbridge and Whitehaven.

(d) designating the Ashton-under-Lyne and Stalybridge County Court as a divorce court and court of trial;

(e) appointing the Workington County Court to have Admiralty jurisdiction;

(f) transferring the assignment of the districts of the Carlisle County Court and the Penrith County Court to the Workington County Court for Admiralty purposes; and

(g) transferring for bankruptcy and winding-up of companies purposes the attachment of the district of the Ludlow County Court to the Hereford County Court and the district of the Woolwich County Court to the Croydon County Court.

(1)

S.I. 1984/297.