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County Courts Act 1984
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Changes over time for: Section 41
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County Courts Act 1984, Section 41 is up to date with all changes known to be in force on or before 17 November 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.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 6A inserted by 2007 c. 15 s. 107(1) (This affecting provision is amended (22.4.2014) by 2013 c. 22, Sch. 9 paras. 10(53), 48; S.I. 2014/954, art. 2(c))
- s. 60A inserted by 2007 c. 29 s. 191
- s. 60A(2) words substituted by 2013 c. 22 Sch. 9 para. 10(17) (Effect not applied as s. 60A has not been brought into force)
- s. 60A(3)(b) words substituted by S.I. 2022/1166 reg. 10(2)(a)(ii) (This amendment comes into force immediately after 2007 c. 29, s. 191(1) comes into force)
- s. 60A(3)(aa) inserted by S.I. 2022/1166 reg. 10(2)(a)(i) (This amendment comes into force immediately after 2007 c. 29, s. 191(1) comes into force)
- s. 60A(3)(bb) inserted by S.I. 2022/1166 reg. 10(2)(a)(iii) (This amendment comes into force immediately after 2007 c. 29, s. 191(1) comes into force)
- s. 60A(3)(cc) inserted by S.I. 2022/1166 reg. 10(2)(a)(iv) (This amendment comes into force immediately after 2007 c. 29, s. 191(1) comes into force)
- s. 60A(7) words inserted by S.I. 2022/1166 reg. 10(2)(b) (This amendment comes into force immediately after 2007 c. 29, s. 191(1) comes into force)
- s. 60A(7) words substituted by S.I. 2010/844 Sch. 2 para. 2 (Effect not applied as s. 60A has not been brought into force)
- s. 112A 112B inserted by 1990 c. 41 s. 13(5)
41 Transfer to High Court by order of High Court.E+W
(1)If at any stage in proceedings commenced in [F1the county court] or transferred to [F1the county court] under section 40, the High Court thinks it desirable that the proceedings, or any part of them, should be heard and determined in the High Court, it may order the transfer to the High court of the proceedings or, as the case may be, of that part of them.
(2)The power conferred by subsection (1) is without prejudice to section 29 of the [F2Senior Courts Act 1981](power of High Court to issue prerogative orders) F3....
[F4(3)The power conferred by subsection (1) shall be exercised subject to any provision made–
(a)under section 1 of the Courts and Legal Services Act 1990; or
(b)by or under any other enactment.]
Textual Amendments
F1Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2Words in s. 41(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(b)(d)
F3Words in s. 41(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 67; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4S. 41(3) added (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 2(2); S.I. 1991/1364, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 41 restricted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A) ss. 289, 305(3)
C2S. 41(1) restricted by S.I. 1991/724, art. 7(5)
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