The county court is to be a court of record and have a seal.

Sittings of the county court may be held, and any other business of the county court may be conducted, anywhere in England and Wales.

Sittings of the county court at any place may be continuous or intermittent or occasional.

Sittings of the county court may be held simultaneously to take any number of different cases in the same place or different places, and the court may adjourn cases from place to place at any time.

The places at which the county court sits, and the days and times at which it sits in any place, are to be determined in accordance with directions given by the Lord Chancellor after consulting the Lord Chief Justice.

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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 F8this section.

Where, in any place in which a F9sitting of the county court is to be held F10or a sitting of the family 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 F11the sitting of 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 F12sittings of the county 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.

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

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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.

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If it appears to the F23Lord Chief Justice that it is expedient to do so in order to facilitate the disposal of business in the county F24court or any other court or tribunal to which a person appointed under this subsection may be deployed, 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.

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A deputy district judge appointed under this section F31... has F32... the same powers as if he were a district judge F33other than a district judge's power to act in a district registry of the High Court.

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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.

Subject to subsections (1A) and (3C), the term of a person's appointment under this section (including a term already extended under this subsection) must be extended by the Lord Chancellor before its expiry.

Subject to the preceding provisions of this section, a person appointed under this section is to hold and vacate office as a deputy district judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (3A)(a).

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 F37... (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.

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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 F46, but only with the concurrence of the Lord Chief Justice.

The Lord Chancellor may F47, 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 Lord Chancellor may by regulations made by statutory instrument provide for the keeping of records of and in relation to proceedings of the county court.

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 F50a judge of the county court, 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.

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.

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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.

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Subject to subsection (2), F62the county court shall have jurisdiction to hear and determine any action founded on contract or tort F63 . . ..

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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, F62the county court would have jurisdiction, the plaintiff may abandon the excess, and thereupon F62the 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.

F64The county court shall have jurisdiction to hear and determine any action for the recovery of land F73 . . ..

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 F62the 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 F62the 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.

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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 M1Consumer 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 F79legal representatives or agents, that F62the county court F80... 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 M8Variation of Trusts Act 1958.

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F86The county court does not 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 F87the 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.

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F93The county court may not 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 F94the county court being transferred, in accordance with the enactments in that behalf, to some other court F95....

This section applies F96generally in relation to the jurisdiction of the county court (and not only in relation to any jurisdiction that may be conferred on the county court in relation to Admiralty proceedings).

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Nothing in section 31 or any provisions made for the purpose of, or in connection with, conferring jurisdiction on the county court in relation to Admiralty proceedings authorises proceedings in rem in respect of any claim against the Crown, or the arrest, detention or sale of any of Her Majesty’s ships or Her Majesty’s aircraft, or of any cargo or other property belonging to the Crown.

In subsection (2) “Her Majesty’s ships” and “Her Majesty’s aircraft” have the meanings given by section 38(2) of the M10Crown Proceedings Act 1947.

Any jurisdiction and powers conferred by this or any other F104Act on the county court may be exercised by any judge of the county court.

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Subject to what follows, in any proceedings in F103the 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 F111 under 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 F103the 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.

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

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If at any stage in proceedings commenced in F103the county court or transferred to F103the 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 F115Senior Courts Act 1981(power of High Court to issue prerogative orders) F116....

Subject to any such provision, F103the 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.

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Subject to the provisions of any enactment limiting the jurisdiction of F103the 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 F103the county court .

Subject to section 40(5), all rules of law and enactments regulating the removal or transfer of proceedings from F103the county court to the High Court and the transfer of proceedings in the High Court to F103the county court shall apply respectively to the removal or transfer of proceedings by the Crown in F103the 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 F103the 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 F127rules 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 F127rules 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 F128Civil 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 F127rules 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 F130Civil 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 F103the 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,

F144The court shall not have power under subsection (1) to direct that a person shall forfeit a fine of an amount exceeding F145£1,000.

No person summoned in pursuance of F142rules of court as a witness in F103the 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 F146 court may at its 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.

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

Subject to subsection (2), in any proceedings pending before F103the county court , the F148court may, if it thinks fit, upon application on affidavit by any party, issue an order F149... 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.

This section applies in relation to the family court as it applies in relation to the county court.

An affidavit F155sworn before any such judge or officer may be sworn without the payment of any fee.

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The Lord Chancellor may F169, 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 F103the county court , or in proceedings in F103the 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 F170legal 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 F171 every place where the county court sits or as respects one or more specified places where F103the county court sits.

Subsections (1) to (3) apply in relation to the family court as they apply in relation to the county court.

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 F176in the county court a judge of the court may, if he thinks fit F177. . ., 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 F176in the county court a judge of the court and act as assessors.

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Subject to subsection (4), the remuneration of assessors for sitting under this section shall be F179determined by the F180court and shall be costs in the proceedings unless otherwise ordered by the F180court .

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.

F184Rules 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 F188court .

The F188court may, if F189it thinks fit, on application made to F189it 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.

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Where any proceedings or question are referred under F193subsection (1), a judge of the county court 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.

F194A judge of the county court may, after deciding or reserving any question of liability, F195refer to another judge of the county court any mere matter of account which is in dispute between the parties and, after deciding the question of liability, may give judgment F196on the other judge's report.

In all other proceedings in F103the 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 F103the county court , such fees as may be prescribed by F200an order under section 92 of the Courts Act 2003 (fees).

Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.

Interest under this section may be calculated at different rates in respect of different periods.

In this section “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.

In determining whether the amount of any debt or damages exceeds that prescribed by or under any enactment, no account shall be taken of any interest payable by virtue of this section except where express provision to the contrary is made by or under that or any other enactment.

If at any time it appears to the satisfaction of the F205county court that any party to any proceedings F206in the court is unable from any cause to pay any sum recovered against him (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment of such a sum, the court may, in its discretion, suspend or stay any judgment or order given or made in the proceedings for such time and on such terms as the court thinks fit, and so from time to time until it appears that the cause of inability has ceased.

Subsections (1) and (2), so far as relating to costs, apply in relation to the family court as they apply in relation to the county court.

Where one person has obtained a judgment or order in F103the county court against another person, and that other person has obtained a judgment or order against the first-mentioned person in the F208... county court or in the High Court, either such person may, in accordance with rules of court, give notice in writing to the court or the several courts as the case may be, and may apply to the court or any of the said courts in accordance with rules of court for leave to set off any sums, including costs, payable under the several judgments or orders.

Upon any such application, the set-off may be allowed in accordance with the practice for the time being in force in the High Court as to the allowance of set-off and in particular in relation to any solicitor’s lien for costs.

Where the cross judgments or orders have not been obtained in the same court, a copy of the order made on any such application shall be sent by the proper officer of the court to which the application is made to the proper officer of the other court.

The Lord Chancellor may by order made with the concurrence of the Treasury provide that any sums to which this subsection applies shall carry interest at such rate and between such times as may be prescribed by the order.

The payment of interest due under subsection (1) shall be enforceable as a sum payable under the judgment or order.

Without prejudice to the generality of subsection (4), an order under subsection (1) may provide that the rate of interest shall be the rate specified in section 17 of the M14Judgments Act 1838 as that enactment has effect from time to time.

The power conferred by subsection (1) includes power to make provision enabling F103the county court to order that the rate of interest applicable to a sum expressed in a currency other than sterling shall be such rate as the court thinks fit (instead of the rate otherwise applicable).

This section applies in relation to the family court as it applies in relation to the county court.

The power to make an order under subsection (1) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Subject to the provisions of this section and the following provisions of this Part of this Act F216and to any order made by the Lord Chancellor under section 56(1) of the Access to Justice Act 1999, if any party to any proceedings in F103the county court is dissatisfied with the determination of F217a judge or jury, he may appeal from it to the Court of Appeal in such manner and subject to such conditions as may be provided by F218Civil Procedure Rules.

Without prejudice to the generality of the power to make F220rules of court F221..., such rules may make provision for any appeal from the exercise by a F222judge of the county court of any power given to him by virtue of any enactment to F223be to another judge of F103the county court .

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Subject to the provisions of this section and the following provisions of this Part of this Act, where an appeal is brought under subsection (1) in any action, an appeal may be brought under that subsection in respect of any claim or counterclaim in the action notwithstanding that there could have been no such appeal if that claim had been the subject of a separate action.

No appeal shall lie from any judgment, direction, decision or order of a judge of F228the county court if, before the judgment, direction, decision or order is given or made, the parties agree, in writing signed by themselves or their F229legal representativesor agents, that it shall be final.

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Where such a note has been taken, the judge shall (whether notice of appeal has been served or not), on the application of any party to the proceedings, and on payment by that party of such fee as may be prescribed by F231an order under section 92 of the Courts Act 2003 (fees), furnish him with a copy of the note, and shall sign the copy, and the copy so signed shall be used at the hearing of the appeal.

Subject to F232Civil Procedure Rules, on any appeal from F103the county court the Court of Appeal may reverse or vary, in favour of a party seeking to support the judgment or order of the county court in whole or in part, any determinations made in the county court on questions of fact, notwithstanding that the appeal is an appeal on a point of law only, or any such determinations on points of law, notwithstanding that the appeal is an appeal on a question of fact only.

Subsection (2) shall not enable the Court of Appeal to reverse or vary any determination, unless the party dissatisfied with the determination would have been entitled to appeal in respect of it if aggrieved by the judgment or order.

The grant by the High Court of leave to make an application for an order of certiorari or prohibition to F103the county court shall, if the High Court so directs, operate as a stay of the proceedings in question until the determination of the application, or until the High Court otherwise orders.

Where any proceedings are so stayed, F234... the county court shall from time to time adjourn the hearing of the proceedings to such day as F235the court thinks fit.

Where an application is made to the High Court for an order of prohibition addressed to F236the county court, the matter shall be finally disposed of by order.

F240Subject to article 8 of the High Court and County Courts Jurisdiction Order 1991,any sum of money payable under a judgment or order of F103the county court may be recovered, in case of default or failure of payment, forthwith or at the time or times and in the manner thereby directed, F241under a warrant under subsection (2).

F242A judge of the county court, on the application of the party prosecuting any such judgment or order, shall issue a F243warrant of control whereby F244any person authorised by or on behalf of the Lord Chancellor is empowered to F245use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the money payable under the judgment or order.

The person to whom a warrant under subsection (2) must be directed is to be determined in accordance with arrangements made by a person authorised by or on behalf of the Lord Chancellor.

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It shall be the duty of every constable within his jurisdiction to assist in the execution of every such warrant.

Where the court has made an order for payment of any sum of money by instalments, F248a warrant of control to recover any of that sum shall not be issued until after default in payment of some instalment according to the order.

F249Rules of court may prescribe the cases in which F250a warrant of control is to be issued if there is any such default and limit the amounts for which and the times at which F251a warrant of control may be issued.

Except so far as may be otherwise provided by F249rules of court made for those purposes, F252a warrant or successive warrants of control may be issued if there is any such default for the whole of the said sum of money and costs then remaining unpaid or for such part as the court may order either at the time of the original order or at any subsequent time; but except so far as may be otherwise provided by such rules, F253no warrant of control may be issued unless when it is issued the whole or some part of an instalment which has already become due remains unpaid.

In or upon every F255warrant of control issued from F103the county court against the goods of any person, the F256court shall cause to be inserted or indorsed the total amount to be F257recovered, inclusive of the fee for issuing the warrant but exclusive of the fees for its execution.

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F263A judge of the county court 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.

This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

The person to whom the warrant is directed must, as soon as possible after receiving it, endorse it by inserting on the back the date and time when he received it.

No fee may be charged for endorsing a warrant under this section.

If a claim is made to or in respect of any goods seized in execution under process of F103the county court , or in respect of the proceeds or value of any such goods, the F268court may, as well before as after any action brought F269in respect of the claim , issue a summons calling before the court the party at whose instance the process issued and the party making the claim.

Upon the issue of the summons, any action brought in F270the county court or any other court in respect of the claim or of any damage arising out of the execution of the warrant shall be stayed.

On the hearing of the summons, the F271court shall adjudicate upon the claim, and shall also adjudicate between the parties or either of them F272and the person executing the warrant upon any claim to damages arising or capable of arising out of the execution of the warrant F273..., and shall make such order in respect of any such claim and the costs of the proceedings as he thinks fit.

This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

F281The person to whom a warrant issued by the county court is directed shall on demand show his warrant to any enforcement officer, any person acting under the authority of an enforcement officer and any sheriff’s officer.

Any writing purporting to be signed as mentioned in subsection (1) and the endorsement on any warrant issued from F103the county court shall respectively be sufficient justification to any F282... judge, or enforcement officer or sheriff, acting on it.

In this section “ enforcement officer ” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003.

The power of the county court to appoint a receiver by way of equitable execution shall operate in relation to all legal estates and interests in land.

The said power may be exercised in relation to an estate or interest in land whether or not a charge has been imposed on that land under section 1 of the M18Charging Orders Act 1979 for the purpose of enforcing the judgment, decree, order or award in question, and the said power shall be in addition to and not in derogation of any power of any court to appoint a receiver in proceedings for enforcing such a charge.

Where an order under section 1 of the Charging Orders Act 1979 imposing a charge for the purpose of enforcing a judgment, decree, order or award has been registered under section 6 of the M19Land Charges Act 1972, subsection (4) of that section (which provides that, amongst other things, an order appointing a receiver and any proceedings pursuant to the order or in obedience to it, shall be void against a purchaser unless the order is for the time being registered under that section) shall not apply to an order appointing a receiver made either in proceedings for enforcing the charge or by way of equitable execution of the judgment, decree, order or award or, as the case may be, of so much of it as requires payment of moneys secured by the charge.

Subject to any order for the time being in force under subsection (4), this section applies to F285any deposit account, and any withdrawable share account, with a deposit-taker.

In determining whether, for the purposes of the jurisdiction of the county court to attach debts for the purpose of satisfying judgments or orders for the payment of money, a sum standing to the credit of a person in an account to which this section applies is a sum due or accruing to that person and, as such, attachable in accordance with F286rules of court, any condition mentioned in subsection (3) which applies to the account shall be disregarded.

An order under subsection (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Where an F289interim third party debt order made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on F290a deposit-taker, it may, subject to the provisions of this section, deduct from the relevant debt or debts an amount not exceeding the prescribed sum towards F290its administrative and clerical expenses of the institution in complying with the order; and the right F291. . . to make a deduction under this subsection shall be exercisable as from the time the F292interim third party debt order is served on it.

In subsection (1) “ the relevant debt or debts ”, in relation to an F293 interim third party debt order served on F294 a deposit-taker , means the amount, as at the time the order is served on F294 it , of the debt or debts of which the whole or a part is expressed to be attached by the order.

A deduction may be made under subsection (1) in a case where the amount referred to in subsection (1A) is insufficient to cover both the amount of the deduction and the amount of the judgment debt and costs in respect of which the attachment was made, notwithstanding that the benefit of the attachment to the creditor is reduced as a result of the deduction.

F295An amount may not in pursuance of subsection (1)be deducted or, as the case may be, retained in a case where by virtue of F296section F297346 of the M20Insolvency Act 1986or section 325 of the M21Companies Act 1948 or otherwise, the creditor is not entitled to retain the benefit of the attachment.

In this section “prescribed” means prescribed by an order made by the Lord Chancellor.

Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

If a debtor summoned to attend F103the county court by a judgment summons fails to attend on the day and at the time fixed for any hearing of the summons, the F301court may adjourn or further adjourn the summons to a specified time on a specified day and order the debtor to attend at that time on that day.

In any case where the F301court has power to make an order of committal under subsection (2) for failure to attend, he may in lieu of or in addition to making that order, order the debtor to be arrested and brought before the court either forthwith or at such time as the F301court may direct.

A debtor shall not be committed to prison under subsection (2) for having failed to attend as required by an order under subsection (1) unless there was paid to him at the time of the service of the judgment summons, or paid or tendered to him at the time of the service of the order, such sum in respect of his expenses as may be prescribed for the purposes of this section.

The F301court 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.

For the purpose of executing a warrant to give possession of any premises, it shall not be necessary to remove any goods from those premises.

The duration of any warrant of possession issued by F103the county court to enforce a judgment or order for the recovery of land or for the delivery of possession of land shall be such as may be fixed by or in accordance with F304rules of court.

Subject to subsection (2), all fees, forfeitures and fines payable under this Act and any penalty payable to an officer of F103the county court under any other Act shall be paid to officers designated by the Lord Chancellor and dealt with by them in such manner as the Lord Chancellor, after consultation with the Treasury, may direct.

Subsection (1) does not apply to fines imposed on summary conviction or to so much of a fine as is applicable under section 55(4) to indemnify a party injured.

The Lord Chancellor, with the concurrence of the Treasury, shall from time to time make such rules as he thinks fit for securing the balances and other sums of money in the hands of any officers of F103the county court , and for the due accounting for and application of those balances and sums.

Where any summons or other process issued from F103the county court is served by an officer of F359the court , the service may be proved by a certificate in a prescribed form F360. . . showing the fact and mode of the service.

It shall not be lawful to deliver or cause to be delivered to any person any document which was not issued under the authority of F103the county court but which, by reason of its form or contents or both, has the appearance of having been issued under such authority.

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

Nothing in this section shall be taken to prejudice section 135.

Every lessee to whom there is delivered any summons issued from F103the county court for the recovery of land demised to or held by him, or to whose knowledge any such summons comes, shall forthwith give notice of the summons to his lessor or his bailiff or receiver.

If a lessee fails to give notice as required by subsection (1), he shall be liable to forfeit to the person of whom he holds the land an amount equal to the value of 3 years’ improved or rack rent of the land to be recovered by action in F362the county court or any other court having jurisdiction in respect of claims for such an amount.

Where a lessor has enforced against a lessee, by re-entry without action, a right of re-entry or forfeiture as respects any land for non-payment of rent, the lessee may F369 . . .at any time within six months from the date on which the lessor re-entered apply to the county court for relief, and on any such application the court may, if it thinks fit, grant to the lessee such relief as the High Court could have granted.

Subsections (9B) and (9C) of section 138 shall have effect in relation to an application under subsection (2) of this section as they have effect in relation to an application under subsection (9A) of that section.

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An Order under subsection (1) may contain such incidental or transitional provisions as Her Majesty considers appropriate.

It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (1).

No recommendation shall be made to Her Majesty in Council to make an Order under this section unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F397

The enactments specified in Schedule 2 shall have effect subject to the amendments there specified.

Section 148(1) and Schedule 2 extend to Scotland so far as they amend enactments extending to Scotland.

Section 148(1) and Schedule 2 extend to Northern Ireland so far as they amend enactments extending to Northern Ireland.

Subject to subsections (1) and (2), this Act extends to England and Wales only.