SCHEDULES

SCHEDULE 4Other functions of the Lord Chancellor and organisation of the courts

Part 1Amendments

County Courts Act 1984 (c. 28)

160

The County Courts Act 1984 is amended as follows.

F1161

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162

(1)

Section 3 (places and times of sittings) is amended as follows.

F2(2)

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(3)

After subsection (4) insert—

“(5)

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).”

F3163

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164

(1)

Section 11 (tenure of office) is amended as follows.

(2)

In subsection (5) after “by the Lord Chancellor” insert “ , but only with the concurrence of the Lord Chief Justice ”.

(3)

In subsection (6) after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”.

165

In section 12 (records of proceedings to be kept by district judges), after subsection (2) insert—

“(3)

The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.

(4)

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

F4166

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167

In section 38 (remedies available in county courts), in subsection (5) for “by the Lord Chancellor under this section” substitute “ under this section by the Lord Chancellor after consulting the Lord Chief Justice ”.

168

(1)

Section 61 (right of audience by direction) is amended as follows.

(2)

In subsection (1) after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”.

(3)

After subsection (4) insert—

“(5)

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

169

Omit section 74A (practice directions).

170

In section 145 (power to raise monetary limits), after subsection (2) insert—

“(2A)

It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (1).”