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Housing Act 1988
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Changes over time for: Section 40
Version Superseded: 01/07/2013
Alternative versions:
- 01/02/1991- Amendment
- 01/07/1991- Amendment
- 01/11/1998
Point in time - 01/07/2013- Amendment
- 22/04/2014- Amendment
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Housing Act 1988, Section 40 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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40 Jurisdiction of county courts.E+W
(1)A county court shall have jurisdiction to hear and determine any question arising under any provision of—
(a)Chapters I to III and V above, or
(b)sections 27 and 28 above,
other than a question falling within the jurisdiction of a rent assessment committee by virtue of any such provision.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where any proceedings under any provision mentioned in subsection (1) above are being taken in a county court, the court shall have jurisdiction to hear and determine any other proceedings joined with those proceedings, notwithstanding that, apart from this subsection, those other proceedings would be outside the court’s jurisdiction.
[F2(4)If any person takes any proceedings under any provision mentioned in subsection (1) above in the High Court, he shall not be entitled to recover any more costs of those proceedings than those to which he would have been entitled if the proceedings had been taken in a county court: and in such a case the taxing master shall have the same power of directing on what county court scale costs are to be allowed, and of allowing any item of costs, as the judge would have had if the proceedings had been taken in a county court.
(5)Subsection (4) above shall not apply where the purpose of taking the proceedings in the High Court was to enable them to be joined with any proceedings already pending before that court (not being proceedings taken under any provision mentioned in subsection (1) above).]
Textual Amendments
F1S. 40(2) omitted (1.7.1991) by virtue of S.I. 1991/724, art. 2(8), Schedule Pt.I
F2S. 40(4)(5) repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 124(3), 125(7), Sch. 20
Modifications etc. (not altering text)
C1S. 40 extended (1.7.1991) by S.I. 1991/724, art.2(1)(o)
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