For the purposes of this Act, England and Wales shall be divided into districts, and a court shall be held under this Act for each district at one or more places in it; and F1each court shall have such jurisdiction and powers as are conferred by this Act and any other enactment for the time being in force.

Every court so held shall be called a county court and shall be a court of record and shall have a seal.

Nothing in this section affects the operation of section 42 of the M1Courts Act 1971 (City of London).

The Lord Chancellor may F2, after consulting the Lord Chief Justice, by order specify places at which county courts are to be held and the name by which the court held at any place so specified is to be known.

Any order under this section shall be made by statutory instrument, which shall be laid before Parliament after being made.

The districts for which county courts are to be held shall be determined in accordance with directions given F3, after consulting the Lord Chief Justice, by or on behalf of the Lord Chancellor.

Subject to any alterations made by virtue of this section, county courts shall continue to be held for the districts and at the places and by the names appointed at the commencement of this Act.

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 subsection (1) or (3).

In any district the places at which the court sits, and the days and times when the court sits at any place, shall be determined in accordance with directions given F5, after consulting the Lord Chief Justice, by or on behalf of the Lord Chancellor.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

References in this Act to sittings of the court shall include references to sittings by any registrar in pursuance of any provision contained in, or made under, this Act.

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 subsection (1).

Where, in any place in which a county court is held, there is a building, being a town hall, court-house or other public building belonging to any local or other public authority, that building shall, with all necessary rooms, furniture and fittings in it, be used for the purpose of holding the court, without any charge for rent or other payment, except the reasonable and necessary charges for lighting, heating and cleaning the building when used for that purpose.

Where any such building is used for the purpose of holding any court, the sittings of the court shall be so arranged as not to interfere with the business of the local or other public authority usually transacted in the building or with any purpose for which the building may be used by virtue of any local Act.

This section shall not apply to any place in which a building was erected before 1st January 1889 for the purpose of holding and carrying on the business of a county court.

Every Circuit judge shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales, and the F8Lord Chief Justice shall, after consulting the Lord Chancellor, assign one or more Circuit judges to each district and may from time to time vary the assignment of Circuit judges among the districts.

Subject to any directions given by F9the Lord Chief Justice after consulting the Lord Chancellor, in any case where more than one Circuit judge is assigned to a district under subsection (1), any function conferred by or under this Act on the judge for a district may be exercised by any of the Circuit judges for the time being assigned to that district.

The following, that is—

• every judge of the Court of Appeal,

• every judge of the High Court,

• every Recorder,

shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales and, if he consents to do so, shall sit as such a judge at such times and on such occasions as the F10Lord Chief Justice considers desirable after consulting the Lord Chancellor.

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.

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

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.

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.

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

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

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 subsection (2).

If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the county courts, he may appoint a person to be a deputy district judge.

Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1ZB) applies.

A deputy district judge appointed under this section and assigned to a district has, while acting under his assignment, the same powers as if he were a district judge assigned to the district.

Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district to which he is not assigned, but may act in a district to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Lord Chancellor may pay to any person appointed under this section as deputy district judgesuch remuneration and allowances as he may, with the approval of the Treasury, determine.

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 subsection (1ZB) or (1B).

This subsection applies to the office of district judge.

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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

The power to remove such a person from his office on account of misbehaviour shall be exercisable by the Lord Chancellor F30, but only with the concurrence of the Lord Chief Justice.

The Lord Chancellor may F31, 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.

The F32district judgefor 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.

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 F32district 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.

The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.

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.

Subject to the provisions of this section, no officer of a court shall, either by himself or his partner, be directly or indirectly engaged as F35legal representativeor agent for any party in any proceedings in that court.

Every person who contravenes this section shall for each offence be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.

Subsection (1) does not apply to a person acting as registrar by virtue of section 6(5).

Subsection (1) does not apply to a deputy registrar; but a deputy registrar shall not act as such in relation to any proceedings in which he is, either by himself or his partner, directly or indirectly engaged as F35legal representativeor agent for any party.

The judge may at any time revoke an order committing a person to prison under this section and, if he is already in custody, order his discharge.

A district judge, assistant district judge or deputy district judge shall have the same powers under this section as a judge.

Subject to subsection (2), a county court shall have jurisdiction to hear and determine any action founded on contract or tort F38 . . ..

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where a plaintiff has a cause of action for more than the county court limit in which, if it were not for more than the county court limit, a county court would have jurisdiction, the plaintiff may abandon the excess, and thereupon a county court shall have jurisdiction to hear and determine the action, but the plaintiff shall not recover in the action an amount exceeding the county court limit.

Where the court has jurisdiction to hear and determine an action by virtue of this section, the judgment of the court in the action shall be in full discharge of all demands in respect of the cause of action, and entry of the judgment shall be made accordingly.

A county court shall have jurisdiction to hear and determine any action for the recovery of land F46 . . ..

Where a mortgage of land consists of or includes a dwelling-house and no part of the land is situated in Greater London then, subject to subsection (4), if a county court has jurisdiction by virtue of this section to hear and determine an action in which the mortgagee under that mortgage claims possession of the mortgaged property, no court other than a county court shall have jurisdiction to hear and determine that action.

Subsection (3) shall not apply to an action for foreclosure or sale in which a claim for possession of the mortgaged property is also made.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In this section—

• “dwelling-house” includes any building or part of a building which is used as a dwelling;

• “mortgage” includes a charge and “mortgagor” and “mortgagee” shall be construed accordingly;

• “mortgagor” and “mortgagee” includes any person deriving title under the original mortgagor or mortgagee.

The fact that part of the premises comprised in a dwelling-house is used as a shop or office or for business, trade or professional purposes shall not prevent the dwelling-house from being a dwelling-house for the purposes of this section.

This section does not apply to a mortgage securing an agreement which is a regulated agreement within the meaning of the M2Consumer Credit Act 1974.

If, as respects any proceedings to which this section applies, the parties agree, by a memorandum signed by them or by their respective F50legal representatives or agents, that a county court specified in the memorandum shall have jurisdiction in the proceedings, that court shall, notwithstanding anything in any enactment, have jurisdiction to hear and determine the proceedings accordingly.

This section does not apply to proceedings under section 1 of the M10Variation of Trusts Act 1958.

Where a district has been so assigned to a court as its district for Admiralty purposes, the parts of the sea (if any) adjacent to that district to a distance of 3 miles from the shore thereof shall be deemed to be included in that district, and the judge and all officers of the court shall have jurisdiction and authority for those purposes throughout that district as if it were the district for the court for all purposes.

Where an order is made under this section for the discontinuance of the Admiralty jurisdiction of any county court, whether wholly or within a part of the district assigned to it for Admiralty purposes, provision may be made in the order with respect to any Admiralty proceedings commenced in that court before the order comes into operation.

The power to make orders under this section shall be exercisable by statutory instrument.

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.

Nothing in subsection (4) shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the F61Merchant Shipping Acts 1995.

If, as regards any proceedings as to any such claim as is mentioned in subsection (1), the parties agree, by a memorandum signed by them or by their respective F62legal representatives or agents, that a particular county court specified in the memorandum shall have jurisdiction in the proceedings, that court shall, notwithstanding anything in subsection (2) or in F63rules of court for prescribing the courts in which proceedings shall be brought, have jurisdiction to hear and determine the proceedings accordingly.

Nothing in this section shall be taken to affect the jurisdiction of any county court to hear and determine any proceedings in which it has jurisdiction by virtue of section 15 or 17.

Nothing in this section, or in section 26 or in any order made under that section, shall be taken to confer on a county court the jurisdiction of a prize court within the meaning of the Naval Prize Acts 1864 to 1916.

No county court shall have jurisdiction to determine any claim or question certified by the Secretary of State to be a claim or question which, under the Rhine Navigation Convention, falls to be determined in accordance with the provisions of that Convention; and any proceedings to enforce such a claim which are commenced in a county court shall be set aside.

In subsection (9) “the Rhine Navigation Convention” means the Convention of the 7th October 1868 as revised by any subsequent Convention.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The following provisions of this section shall apply to cases within the Admiralty jurisdiction of a county court.

Subject to the following provisions of this Part of this Act, an action in personam may be brought in all such cases.

In any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, an action in rem may be brought in a county court against that ship, aircraft or property.

In the case of a claim in the nature of towage or pilotage in respect of an aircraft, an action in rem may be brought in a county court against that aircraft if, at the time when the action is brought, it is beneficially owned by the person who would be liable on the claim in an action in personam.

Where, in the exercise of its Admiralty jurisdiction, a county court orders any ship, aircraft or other property to be sold, the court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale.

In determining for the purposes of subsections (4) and (5) whether a person would be liable on a claim in an action in personam it shall be assumed that he has his habitual residence or a place of business within England or Wales.

Where, as regards any such claim as is mentioned in section 27(1)(b) to (m), a ship has been served with a summons or arrested in an action in rem brought to enforce that claim, no other ship may be served with a summons or arrested in that or any other action in rem brought to enforce that claim; but this subsection does not prevent the issue, in respect of any one such claim, of a summons naming more than one ship or of two or more summonses each naming a different ship.

A county court may issue a warrant for the arrest and detention of any vessel, aircraft or property to which an action in rem brought in the court relates unless or until bail to the amount of the claim made in the action and the reasonable costs of the plaintiff in the action be entered into and perfected by or on behalf of the defendant.

Except as provided by subsection (9), no vessel, aircraft or property shall be arrested or detained in Admiralty proceedings in a county court otherwise than in execution.

On an appeal by a party to any Admiralty proceedings, the Court of Appeal, if it appears to it expedient that any sale ordered to be made of the vessel, aircraft or other property to which the proceedings relate should be conducted in the High Court instead of in the county court, may direct the transfer of the proceedings for sale, with or without the transfer of the subsequent proceedings, to the High Court.

Where an action is transferred to a county court under section 40, any vessel, aircraft or other property which has been arrested in the action before the transfer shall, notwithstanding the transfer, remain in the custody of the Admiralty Marshal who shall, subject to any directions of the High Court, comply with any orders, made by the county court with respect to that vessel, aircraft or property.

In subsection (2)—

• “inland waters” includes any part of the sea adjacent to the coast of the United Kingdom certified by the Secretary of State to be waters falling by international law to be treated as within the territorial sovereignty of Her Majesty apart from the operation of that law in relation to territorial waters; and

• “port” means any port, harbour, river, estuary, haven, dock, canal or other place so long as a person or body of persons is empowered by or under an Act to make charges in respect of ships entering it or using the facilities in it, and “limits of a port” means the limits thereof as fixed by or under the Act in question or, as the case may be, by the relevant charter or custom;

• “charges” means any charges with the exception of light dues, local light dues and any other charges in respect of lighthouses, buoys or beacons and of charges in respect of pilotage.

No county court shall entertain an action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside England and Wales against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end.

Subsections (1) to (4) shall apply to counterclaims (except counterclaims in proceedings arising out of the same incident or series of incidents) as they apply to actions in personam, but as if the references to the plaintiff and the defendant were respectively references to the plaintiff on the counterclaim and the defendant to the counterclaim.

Subsections (1) to (5) shall not apply to any action or counterclaim if the defendant submits or has agreed to submit to the jurisdiction of the court.

Nothing in this section shall prevent an action or counterclaim which is brought in accordance with the provisions of this section in a county court being transferred, in accordance with the enactments in that behalf, to some other court (whether a county court or not).

This section applies in relation to the jurisdiction of any county court not being Admiralty jurisdiction, as well as in relation to its Admiralty jurisdiction, if any.

In the provisions of this Part of this Act relating to Admiralty proceedings, unless the context otherwise requires,—

• “goods” includes baggage;

• “master” has the same meaning as in the F67Merchant Shipping Act 1995, and accordingly includes every person (except a pilot) having command or charge of a ship;

• “towage” and “pilotage”, in relation to an aircraft, mean towage and pilotage while the aircraft is waterborne.

In subsection (2) “Her Majesty’s ships” and “Her Majesty’s aircraft” have the meanings given by section 38(2) of the M12Crown Proceedings Act 1947.

In subsection (1) “net estate”, in relation to a deceased person, means the estate of that person exclusive of any property he was possessed of or entitled to as a trustee and not beneficially, and after making allowances for funeral expenses and for debts and liabilities.

Subsection (1) applies to jurisdiction and powers conferred on all county courts or judges of county courts or on any particular county court or the judge of any particular county court.

Subject to what follows, in any proceedings in a county court the court may make any order which could be made by the High Court if the proceedings were in the High Court.

If regulations are made under subsection (3), rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 about procedure relevant to the matters prescribed in the regulations.

In this section “prescribed” means prescribed by regulations made F77under this section by the Lord Chancellor after consulting the Lord Chief Justice.

The power to make regulations under this section shall be exercised by statutory instrument.

No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.

Subject to any such provision, the High Court may order the transfer of any proceedings before it to a county court.

An order under this section may be made either on the motion of the High Court itself or on the application of any party to the proceedings.

Proceedings transferred under this section shall be transferred to such county court as the High Court considers appropriate, having taken into account the convenience of the parties and that of any other persons likely to be affected and the state of business in the courts concerned.

The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.

This section does not apply to family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.

If at any stage in proceedings commenced in a county court or transferred to a 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.

The power conferred by subsection (1) is without prejudice to section 29 of the F79Senior Courts Act 1981(power of High Court to issue prerogative orders) F80but shall be exercised in relation to family proceedings (within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984) in accordance with any directions given under section 37 of that Act (directions as to distribution and transfer of family business and proceedings).

Subject to any such provision, a county court may order the transfer of any proceedings before it to the High Court.

An order under this section may be made either on the motion of the court itself or on the application of any party to the proceedings.

The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.

This section does not apply to family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subject to the provisions of any enactment limiting the jurisdiction of a county court, whether by reference to the subject matter of the proceedings to be brought or the amount sought to be recovered in the proceedings or otherwise, proceedings by the Crown may be instituted in a county court.

Subject to section 40(5), all rules of law and enactments regulating the removal or transfer of proceedings from a county court to the High Court and the transfer of proceedings in the High Court to a county court shall apply respectively to the removal or transfer of proceedings by the Crown in a county court and to the transfer of proceedings by the Crown in the High Court.

Nothing in this section shall apply to proceedings affecting Her Majesty in Her private capacity.

Where a plaintiff has a demand recoverable under this Act against two or more persons jointly liable, it shall be sufficient to serve any of those persons with process, and judgment may be obtained and execution issued against any person so served, notwithstanding that others jointly liable may not have been served or sued or may not be within the jurisdiction of the court.

Where judgment is so obtained against any person by virtue of subsection (1) and is satisfied by that person, he shall be entitled to recover in the court contribution from any other person jointly liable with him.

The bankruptcy of the plaintiff in any action in a county court which the trustee might maintain for the benefit of the creditors shall not cause the action to abate if, within such reasonable time as the court orders, the trustee elects to continue the action and to give security for the costs of the action.

The hearing of the action may be adjourned until such an election is made.

Where the trustee does not elect to continue the action and to give such security as is mentioned in subsection (1) within the time limited by the order, the defendant may avail himself of the bankruptcy as a defence to the action.

Provision may be made by F88rules of court for enabling the court, in such circumstances as may be prescribed, to make an order requiring a party to the proceedings to make an interim payment of such amount as may be specified in the order, with provision for the payment to be made to such other party to the proceedings as may be so specified or, if the order so provides, by paying it into court.

Any F88rules of court which make provision in accordance with subsection (1) may include provision for enabling a party to any proceedings who, in pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circumstances, and from such other party to the proceedings, as may be determined in accordance with the rules.

Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the F89Civil Procedure Rule Committee may consider necessary or expedient.

Nothing in this section shall be construed as affecting the exercise of any power relating to costs, including any power to make F88rules of court relating to costs.

In this section “interim payment”, in relation to a party to any proceedings, means a payment on account of any damages, debt or other sum (excluding any costs) which that party may be held liable to pay to or for the benefit of another party to the proceedings if a final judgment or order of the court in the proceedings is given or made in favour of that other party; and any reference to a party to any proceedings includes a reference to any person who for the purposes of the proceedings acts as next friend or guardian of a party to the proceedings.

This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.

Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the F91Civil Procedure Rule Committeemay consider necessary or expedient.

In this section “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

This section is subject to any provision made under section 38,

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The preceding provisions of this section are without prejudice to the exercise by a county court of any power to make orders which is exercisable apart from those provisions.

This section is subject to any provision made under section 38,

A county court shall not make an order under section 52 or 53 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.

F99Rules of court may make provision as to the circumstances in which an order under section 52 or 53 can be made; and any rules making such provision may include such incidental, supplementary and consequential provisions as the F100Civil Procedure Rule Committee may consider necessary or expedient.

Without prejudice to the generality of subsection (2), F99rules of court shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under section 52(2) or 53 incurred by the person against whom the order is sought shall be awarded to that person unless the court otherwise directs.

Sections 52(2) and 53 and this section bind the Crown; and section 52(1) binds the Crown so far as it relates to property as to which it appears to the court that it may become the subject-matter of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person’s death.

In sections 52 and 53 and this section—

• “property” includes any land, chattel or other corporeal property of any description;

• “personal injuries”includes any disease and any impairment of a person’s physical or mental condition.

This section is subject to any provision made under section 38,

A judge shall not have power under subsection (1) to direct that a person shall forfeit a fine of an amount exceeding F103£1,000.

No person summoned in pursuance of F102rules of court as a witness in a county court shall forfeit a fine under this section unless there has been paid or tendered to him at the time of the service of the summons such sum in respect of his expenses (including, in such cases as may be prescribed, compensation for loss of time) as may be prescribed for the purposes of this section.

The judge may at his discretion direct that the whole or any part of any such fine, after deducting the costs, shall be applicable towards indemnifying the party injured by the refusal or neglect.

A district judge, assistant district judge or deputy district judge shall have the same powers under this section as a judge.

This section does not apply to a debtor summoned to attend by a judgment summons.

Subject to subsection (2), in any proceedings pending before a county court, the judge may, if he thinks fit, upon application on affidavit by any party, issue an order under his hand for bringing up before the court any person (in this section referred to as a “prisoner”) confined in any place under any sentence or under committal for trial or otherwise, to be examined as a witness in the proceedings.

No such order shall be made with respect to a person confined under process in any civil action or matter.

Subject to subsection (4), the prisoner mentioned in any such order shall be brought before the court under the same custody, and shall be dealt with in the same manner in all respects, as a prisoner required by a writ of habeas corpus to be brought before the High Court and examined there as a witness.

The person having the custody of the prisoner shall not be bound to obey the order unless there is tendered to him a reasonable sum for the conveyance and maintenance of a proper officer or officers and of the prisoner in going to, remaining at, and returning from, the court.

An affidavit sworn before a judge or registrar or before any such officer may be sworn without the payment of any fee.

In any Admiralty proceedings, evidence taken before a registrar of an Admiralty county court, in accordance with the directions of a judge or pursuant to F107rules of court, may be received as evidence in any other Admiralty county court.

The registrar of any Admiralty county court shall, for the purpose of the examination of any witness within the district assigned to that court for Admiralty purposes, have all the power of an examiner of the High Court, and evidence taken by him in that capacity may be received as evidence in the High Court.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108

In this section—

• “local authority” means a county council, . . . F110 a district council F111the Broads Authority, F112any National Park authority,a London borough council F113, F230a police and crime commissioner, the Mayor's Office for Policing and Crime. . . F114F115the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985, F116an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act,F117an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities),F118the London Fire and Emergency Planning Authority,or the Common Council of the City of London; and

• “house” includes a part of a house, a flat or any other dwelling and also includes any yard, garden, outhouse or appurtenance occupied with a house or part of a house or with a flat or other dwelling,

and any reference to the occupation of a house by a person includes a reference to anything done by that person, or caused or permitted by him to be done, in relation to the house as occupier of the house, whether under a tenancy or licence or otherwise.

The Lord Chancellor may F119, with the concurrence of the Lord Chief Justice, at any time direct that such categories of persons in relevant legal employment as may be specified in the direction may address the court in any proceedings in a county court, or in proceedings in a county court of such description as may be so specified.

In subsection (1), “relevant legal employment” means employment which consists of or includes giving assistance in the conduct of litigation to a F120legal representativewhether in private practice or not.

A direction under this section may be given subject to such conditions and restrictions as appear to the Lord Chancellor to be necessary or expedient, and may be expressed to have effect as respects every county court or as respects a specified county court or as respects one or more specified places where a county court sits.

The power to give directions conferred by this section includes a power to vary or rescind any direction given under this section.

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.

In any proceedings the judge may, if he thinks fit F123. . ., summon to his assistance, in such manner as may be prescribed, one or more persons of skill and experience in the matter to which the proceedings relate who may be willing to sit with the judge and act as assessors.

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Subject to subsection (4), the remuneration of assessors for sitting under this section shall be F125determined by the judge and shall be costs in the proceedings unless otherwise ordered by the judge.

Where any person is proposed to be summoned as an assessor, objection to him, either personally or in respect of his qualification, may be taken by any party in the prescribed manner.

F127Rules of court may prescribe the procedures and rules of evidence to be followed on any reference under subsection (1) or (2).

Rules made under subsection (2A) may, in particular, make provision with respect to the manner of taking and questioning evidence.

On a reference under subsection (1) or (2) the award of the arbitrator, arbitrators or umpire shall be entered as the judgment in the proceedings and shall be as binding and effectual to all intents, subject to subsection (4), as if it had been given by the judge.

The judge may, if he thinks fit, on application made to him within such time as may be prescribed, set aside the award, or may, with the consent of the parties, revoke the reference or order another reference to be made in the manner specified in this section.

In this section “award” includes an interim award.

In such cases as may be prescribed by, and subject to, F129rules of court the registrar may refer to a referee for inquiry and report any question arising in any proceedings.

Where any proceedings or question are referred under subsection (1) or (2), the judge or, as the case may be, the registrar may direct how the reference shall be conducted, and may remit any report for further inquiry and report, and on consideration of any report or further report may give such judgment or make such order in the proceedings as may be just.

The judge may, after deciding or reserving any question of liability, refer to the registrar any mere matter of account which is in dispute between the parties and, after deciding the question of liability, may give judgment on the registrar’s report.

In all other proceedings in a county court the trial shall be without a jury unless the court otherwise orders on an application made in that behalf by any party to the proceeings in such manner and within such time before the trial as may be prescribed.

There shall be payable, in respect of the trial with a jury of proceedings in a county court, such fees as may be prescribed by F132an order under section 92 of the Courts Act 2003 (fees).