Part IIIE+W Procedure

Right of audienceE+W

60 Right of audience. E+W

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

(2)Where an action is brought in [F2the 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,

[F3then, 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 [F5the Broads Authority], [F6any National Park authority,] a London borough council [F7, [F8a police and crime commissioner, the Mayor's Office for Policing and Crime]] F9... [F10[F11the Inner London Education Authority], a joint authority established by Part IV of the Local Government Act 1985,] [F12an 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,] [F13a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,] [F14a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] F15... [F16the London Fire Commissioner], 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

F2Words 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)

F3Words 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)

F6Words 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).

F7Words 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.

F11Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1),ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F14Words in s. 60(3) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 48; S.I. 2017/399, Sch. para. 38

F15Words in s. 60(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(18); S.I. 2015/994, art. 6(g)

F16Words in s. 60(3) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 69; S.I. 2018/227, reg. 4(c)

Modifications etc. (not altering text)

C2S. 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)).

C4S. 60(3) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(w)