38 Remedies available in county courts.

1

Subject to what follows, in any proceedings in a county court the court may make any order which could be made by the High Court if the proceedings were in the High Court.

2

Any order made by a county court may be—

a

absolute or conditional;

b

final or interlocutory.

3

A county court shall not have power—

a

to order mandamus, certiorari or prohibition; or

b

to make any order of a prescribed kind.

4

Regulations under subsection (3)—

a

may provide for any of their provisions not to apply in such circumstances or descriptions of case as may be specified in the regulations;

b

may provide for the transfer of the proceedings to the High Court for the purpose of enabling an order of a kind prescribed under subsection (3) to be made;

c

may make such provision with respect to matters of procedure as the Lord Chancellor considers expedient; and

d

may make provision amending or repealing any provision made by or under any enactment, so far as may be necessary or expedient in consequence of the regulations.

5

In this section “prescribed” means prescribed by regulations made by the Lord Chancellor under this section.

6

The power to make regulations under this section shall be exercised by statutory instrument.

7

No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.