County Courts Act 1984

Right of audience E+W

60 Right of audience. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2) Where an action is brought in a county court by a local authority for either or both of the following—

(a) the recovery of possession of a house belonging to the authority;

(b) the recovery of any rent, mesne profits, damages or other sum claimed by the authority in respect of the occupation by any person of such a house,

then, in so far as the proceedings in the action are heard by the registrar, any officer of the authority authorised by the authority in that behalf, . . . F2 may address the registrar . . . F2 .

(3) In this section—

• “local authority” means a county council, . . . F3 a district council [F4 the Broads Authority], a London borough council [F5 , a police authority established under section 3 of the M1 Police Act 1964][F6 [F7 the Inner London Education Authority], a joint authority established by Part IV of the Local Government Act 1985.]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.

Textual Amendments

F1 S. 60(1) repealed by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20

F2 Words repealed by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20

F3 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F4 Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), s. 21, Sch. 6 para. 24

F5 Words in s. 60(3) inserted (1.10.1994 for certain specified purposes and 1.4.1995 for all remaining purposes) by 1994 c. 29, s. 43, Sch. 4 Pt. II para.57; S.I. 1994/2025, art. 6(1)(g); S.I. 1994/3262, art. 4,Sch.

F6 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 63

F7 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1),ss. 231(7), 235(6), 237, Sch. 13 Pt. I

Modifications etc. (not altering text)

C1 S. 60 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 13(l)

C2 S. 60 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 20(k) (with s. 54, Sch. 17 paras. 22(1), 23(2)).

C3 S. 60(3) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(w)

Marginal Citations

M1 1964 c. 48.

61 Right of audience by direction of Lord Chancellor. E+W

(1) The Lord Chancellor may 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.

(2) In subsection (1), “relevant legal employment” means employment which consists of or includes giving assistance in the conduct of litigation to a [F8 legal representative]whether in private practice or not.

(3) 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.

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

Textual Amendments

F8 Words in s. 61(2) substituted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 49(2); S.I. 1991/608, art. 2, Sch.