County Courts Act 1984

60 Right of audience. E+W

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

(2) Where an action is brought in [F2 the 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,

[F3 then, except where rules of court provide otherwise, any officer of the authority authorised by the authority for the purpose may address the court.]

(3) In this section—

• “local authority” means a county council, . . . F4 a district council [F5 the Broads Authority], [F6 any National Park authority,]a London borough council [F7 , [F8 a police and crime commissioner, the Mayor's Office for Policing and Crime]. . . [F9 [F10 the Inner London Education Authority], a joint authority established by Part IV of the Local Government Act 1985, [F11 an 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,]][F12 an 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),][F13 the 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.]

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F1 S. 60(1) repealed by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20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

F3 Words in s. 60(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(16); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F5 Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), s. 21, Sch. 6 para. 24

F6 Words in s. 60(3) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 23 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1).

F7 Words in s. 60(3) inserted (1.10.1994 for certain purposes, 1.4.1995 for remaining purposes) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 57; S.I. 1994/2025, art. 6(1); S.I. 1994/3262, art. 4, Sch.

F8 Words in s. 60(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 159; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 46)

F9 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 63

F10 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1),ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F11 Words in s. 60(3) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 58; S.I. 2009/3318, art. 2(b)(c)

F12 Words in s. 60(3) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209(2), 245(5), Sch. 13 para. 40; S.I. 2008/917, art. 2(1)(o)(p)

F13 Words in definition of “local authority” in s. 60(3) inserted (3.7.2000) by 1999 c. 29, s. 328, Sch. 29 para. 38 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

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)