Section 17
SCHEDULE 9U.K.Single county court in England and Wales
This schedule has no associated Explanatory Notes
Part 1 U.K.Amendments of the County Courts Act 1984
1U.K.The County Courts Act 1984 is amended as follows.
2(1)Section 3 (place and time of sittings) is amended as follows.U.K.
(2)For subsections (1) and (2) substitute—
“(1)Sittings of the county court may be held, and any other business of the county court may be conducted, anywhere in England and Wales.
(1A)Sittings of the county court at any place may be continuous or intermittent or occasional.
(2)Sittings of the county court may be held simultaneously to take any number of different cases in the same place or different places, and the court may adjourn cases from place to place at any time.
(2A)The places at which the county court sits, and the days and times at which it sits in any place, are to be determined in accordance with directions given by the Lord Chancellor after consulting the Lord Chief Justice.”
(3)Omit subsection (4) (references to sittings of the court to include sittings by a district judge).
(4)In subsection (5) (delegation of Lord Chief Justice's functions under subsection (1)) for “subsection (1)” substitute “ this section ”.
3U.K.In section 4 (use of public buildings for courts)—
(a)in subsection (1) for “county court is” substitute “ sitting of the county court is to be ”,
(b)in subsection (1) after “for the purpose of holding” insert “ the sitting of ”, and
(c)in subsection (2) for “any court,” substitute “ sittings of the county court, ”.
4U.K.For section 5 (judges) substitute —
“5Judges of the county court
(1)A person is a judge of the county court if the person—
(a)is a Circuit judge,
(b)is a district judge (which, by virtue of section 8(1C), here includes a deputy district judge appointed under section 8), or
(c)is within subsection (2),
but see also section 9 of the Senior Courts Act 1981 (certain ex-judges may act as judges of the county court).
(2)A person is within this subsection (and so, by virtue of subsection (1)(c), is a judge of the county court) if the person—
(a)is the Lord Chief Justice,
(b)is the Master of the Rolls,
(c)is the President of the Queen's Bench Division,
(d)is the President of the Family Division,
(e)is the Chancellor of the High Court,
(f)is an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court),
(g)is the Senior President of Tribunals,
(h)is a puisne judge of the High Court,
(i)is a deputy judge of the High Court,
(j)is the Judge Advocate General,
(k)is a Recorder,
(l)is a person who holds an office listed—
(i)in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court masters etc), or
(ii)in column 1 of Part 2 of Schedule 2 to that Act (High Court masters etc),
(m)is a deputy district judge appointed under section 102 of that Act,
(n)is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,
(o)is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,
(p)is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),
(q)is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),
(r)is a District Judge (Magistrates' Courts),
(s)is a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General),
(t)is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,
(u)is a transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act), or
(v)is a member of a panel of Employment Judges established for England and Wales or for Scotland.”
5(1)Section 6 (district judges) is amended as follows.U.K.
(2)Omit subsections (2), (4) and (7) (which relate to the assignment of district judges to county court districts).
(3)In subsection (3) (interpretation of statutory and other references to district judges) for the words after “of a county court” substitute “is—
(a)if the context permits, a reference to the county court, and
(b)otherwise is a reference to a judge of the county court.”
(4)For the italic heading before the section substitute “ District judges and deputy district judges ”.
6(1)Section 8 (deputy district judges) is amended as follows.U.K.
(2)In subsection (1) (appointment to facilitate disposal of business in the county courts) for “courts” substitute “ court or any other court or tribunal to which a person appointed under this subsection may be deployed ”.
(3)Omit subsections (1B) and (1D) (which relate to the assignment of deputy district judges to county court districts).
(4)In subsection (1C) (deputy district judge to have powers of a district judge)—
(a)omit “and assigned to a district”,
(b)omit “, while acting under his assignment,”, and
(c)for “assigned to the district” substitute “ other than a district judge's power to act in a district registry of the High Court ”.
7(1)Section 12 (records of proceedings) is amended as follows.U.K.
(2)For subsection (1) (district judge for a district to keep such records as may be prescribed) substitute—
“(1)The Lord Chancellor may by regulations made by statutory instrument provide for the keeping of records of and in relation to proceedings of the county court.”
(3)In subsection (2) (certified copies of entries) for “the district judge” substitute “ a judge of the county court ”.
(4)In the title omit the words after “kept”.
8(1)Section 13 (officers of court not to act as solicitors in that court) is amended as follows.U.K.
(2)In subsection (1) (officer of a county court and officer's firm not to be engaged as representative in any proceedings in that court, subject to exception in subsection (4) for deputy district judges)—
(a)for the words from the beginning to “be” substitute—
“A fee-paid part-time judge of the county court may not act as a judge of the court in relation to any proceedings in the court in which—
(a)the judge,
(b)a partner or employer of the judge,
(c)a body of which the judge is a member or officer, or
(d)a body of whose governing body the judge is a member,
is”, and
(b)omit “in any proceedings in that court”.
(3)Omit subsection (3) (which refers to a provision previously repealed).
(4)Omit subsection (4) (provision about deputy district judges which is incorporated in the amended subsection (1)).
9(1)Section 14 (penalty for assaulting officer of a court) is amended as follows.U.K.
(2)In subsection (1)—
(a)for “a court” substitute “ the county court ”,
(b)for “judge”, in both places, substitute “ court ”, and
(c)for “a bailiff” substitute “ an officer ”.
(3)Omit subsection (3) (which provided for “judge” to include district judge and deputies, but which will become superfluous as a result of amendments made by this Schedule).
10(1)In sections 15 to 25, 27(9), 30 and 36 to 147 and Schedule 1 and in any uncommenced enactment that amends any of those provisions (but subject to any specific amendments or repeals made by or under this Act)—U.K.
(a)for “A county court”, in each place, substitute “ The county court ”, and
(b)for “a county court”, in each place, substitute “ the county court ”.
(2)In sections 18 and 24(1) omit “specified in the memorandum”.
(3)Omit sections 26, 27(1) to (8), 28, 31(1), 32, 33 and 59 (Admiralty, and contentious probate, jurisdictions).
(4)In section 27(9) for “No county court shall” substitute “ The county court does not ”.
(5)In section 30 (actions in personam in collision etc cases)—
(a)in subsections (2) and (4) for “No county court shall” substitute “ The county court may not ”,
(b)in subsection (7) omit “(whether a county court or not)”, and
(c)in subsection (8) for the words after “applies” substitute “ generally in relation to the jurisdiction of the county court (and not only in relation to any jurisdiction that may be conferred on the county court in relation to Admiralty proceedings). ”
(6)In section 31(2) (Admiralty provisions: savings) for the words from the beginning to “authorise” in paragraph (c) substitute “ Nothing in section 31 or any provisions made for the purpose of, or in connection with, conferring jurisdiction on the county court in relation to Admiralty proceedings authorises ”.
(7)In section 35 for “in one or more of the county courts” substitute “ the county court ”.
(8)In section 37(1) for the words after “other” substitute “ Act on the county court may be exercised by any judge of the county court. ”
(9)Omit section 37(2).
(10)Omit section 40(4) (transfer of proceedings to particular county courts).
(11)In section 45(1) (costs in transferred cases)—
(a)in paragraph (b) for “Court; or” substitute “ Court, ”, and
(b)omit paragraph (c).
(12)In section 55—
(a)in subsection (1) for “judge” substitute “ court ”,
(b)in subsection (2) for “A judge” substitute “ The court ”,
(c)in subsection (4) for “judge may at his” substitute “ the court may at its ”, and
(d)omit subsection (4A).
(13)In section 57(1)—
(a)for “judge may, if he” substitute “ court may, if it ”, and
(b)omit “under his hand”.
(14)In section 58(1)—
(a)for paragraph (a) substitute—
“(a)a judge of the county court; or”, and
(b)for paragraph (c) substitute—
“(c)an officer of the county court appointed by a judge of the county court for the purpose,”.
(15)In section 58(2) for the words from “sworn” (where it first appears) to “such” substitute “ sworn before any such judge or ”.
(16)In section 60(2) (rights of audience in certain housing cases) for the words after paragraph (b) substitute—
“then, except where rules of court provide otherwise, any officer of the authority authorised by the authority for the purpose may address the court.”
(17)In section 60A(2) (rights of audience of employees of housing management bodies: proceedings to which section applies) for “before a district judge which” substitute “ that are not excluded by rules of court and ”.
(18)In section 61(3) for “every county court or as respects a specified county court or” substitute “ every place where the county court sits or ”.
(19)In section 62 for “the judge” substitute “ a judge ”.
(20)In section 63—
(a)in subsection (1) as substituted by the Courts and Legal Services Act 1990 for “ a judge ” substitute “in the county court a judge of the court”,
(b)in subsection (1) as having effect pending that substitution for “the judge” substitute “ in the county court a judge of the court ”,
(c)in subsection (2) as so substituted after “ a judge ” insert “ of the county court ”,
(d)omit subsections (2A) and (2B),
(e)in subsection (3) for “judge” substitute “ court ”, and
(f)in subsection (4) as having effect pending its being so substituted—
(i)for “the judge” substitute “ a judge ”, and
(ii)omit “by the district judge”.
(21)In section 64(1)(a) and (2)(a) after “proceedings” insert “ in the county court ”.
(22)In section 64(3) and (4) for “judge” substitute “ court ”.
(23)In section 64(4) for each of “he” and “him” substitute “ it ”.
(24)In section 65—
(a)in subsection (1) for the words from “the judge” to “referee” substitute “ a judge of the county court may refer to another judge of the county court or a ”,
(b)omit subsection (2),
(c)in subsection (3) for the words from “subsection” to “direct” substitute “ subsection (1), a judge of the county court may direct ”, and
(d)in subsection (4)—
(i)for “The judge” substitute “ A judge of the county court ”,
(ii)for the words from “refer” to “account” substitute “ refer to another judge of the county court any mere matter of account ”, and
(iii)for the words after “judgment” substitute “ on the other judge's report. ”
(25)In section 67 for “At any county court where proceedings” substitute “ Where any proceedings in the county court ”.
(26)In section 68 for “the judge” substitute “ a judge of the court ”.
(27)In section 71(2)—
(a)before “court”, where it first appears, insert “ county ”, and
(b)after “proceedings”, where it first appears, insert “ in the court ”.
(28)In section 72(1) omit “same or in another”.
(29)In section 77(1) (appeals) for “the judge” substitute “ a judge ”.
(30)In section 77(1A) (rules about appeals from district judges)—
(a)omit “under section 75”,
(b)for “district judge, assistant district judge or deputy district judge” substitute “ judge of the county court ”, and
(c)for “be to a” substitute “ be to another ”.
(31)In section 79(1) for “county courts” substitute “ the county court ”.
(32)In section 82 (decision of Court of Appeal on probate appeals is final) for “probate proceedings” substitute “ proceedings in respect of any contentious matter arising with any grant, or revocation, of probate or administration that under section 105 of the Senior Courts Act 1981 has been applied for through the principal registry of the Family Division or a district probate registry ”.
(33)In section 83(2) (judge to adjourn stayed proceedings)—
(a)omit “the judge of”, and
(b)for “he” substitute “ the court ”.
(34)In section 84 (prohibition)—
(a)in subsection (1) for “any county court” substitute “ the county court ”,
(b)in subsection (2) for “the judge of the county court shall not be served with notice of it, and shall not,” substitute “ no judge of the county court is to be served with notice of it or, ”, and
(c)in subsection (2) in the words after paragraph (b)—
(i)for “the judge” substitute “ a judge of the county court ”, and
(ii)after “a judge” insert “ of the county court ”.
(35)In section 85 (execution of judgments and orders)—
(a)in subsection (2) for “The registrar,” substitute “ A judge of the county court, ”,
(b)in subsection (2) for “the district of the court” substitute “ England and Wales ”, and
(c)in subsection (3) omit “to the registrar” and “by him”.
(36)In section 87 (execution to be suspended on payment)—
(a)in subsection (1) for “registrar” substitute “ court ”, and
(b)in subsection (2) omit “the registrar of” and “from which the warrant is issued”.
(37)In section 90 (custody of goods seized) for “registrar”, in both places, substitute “ court ”.
(38)In section 91 (disposal of securities seized) for “registrar” substitute “ county court ”.
(39)In section 92 (penalty for rescuing goods seized)—
(a)in subsection (1) for “judge”, in both places, substitute “ county court ”,
(b)in subsection (1) for “a bailiff” substitute “ an officer ”, and
(c)in subsection (2) for “The judge” substitute “ A judge of the county court ”.
(40)In section 95 (appointment of brokers, appraisers etc)—
(a)in subsections (1) and (2) for “The registrar” substitute “ A judge of the county court ”, and
(b)in subsection (3) for “The judge or registrar” substitute “ A judge of the county court ”.
(41)In section 96(1) (power to appoint bailiff as broker or appraiser) for “The judge” substitute “ A judge of the county court ”.
(42)In section 97 (sale under execution)—
(a)for “registrar”, in each place, substitute “ court ”, and
(b)in subsection (1) omit “from which the warrant of execution issued”.
(43)In section 98 (protection of person selling goods under execution without notice of third-party claim)—
(a)in subsection (1) in the words before paragraph (a) for “registrar or other officer”, in both places, substitute “ person ”,
(b)in subsection (1)(b) for “district judge or other officer” substitute “ person ”, and
(c)in subsection (2) for “registrar or other officer” substitute “ person who sold the goods ”.
(44)In section 99 (effect of warrants of execution) as having effect until replaced by the section 99 that is to be substituted by the Tribunals, Courts and Enforcement Act 2007—
(a)in subsection (1) omit “the registrar of”,
(b)in subsection (2)(a) omit “registrar of a”,
(c)in subsection (2)(a) for the words after “application” substitute “ remained unexecuted in the hands of a person charged with its execution; or ”,
(d)in subsection (3) for “registrar” substitute “ county court ”, and
(e)in subsection (3) for each of “him” and “he” substitute “ the court ”.
(45)In section 100 (sale of goods to which claim is made)—
(a)for “judge”, in each place, substitute “ court ”, and
(b)in subsection (4) for “the registrar” substitute “ a judge of the court ”.
(46)In section 101 (interpleader)—
(a)in subsection (1)—
(i)for “registrar” substitute “ court ”, and
(ii)for “against him” substitute “ in respect of the claim ”,
(b)in subsection (2) for “any county court or” substitute “ the county court or any ”, and
(c)in subsection (3)—
(i)for “judge” substitute “ court ”,
(ii)for “and the registrar” substitute “ and the person executing the warrant ”, and
(iii)omit “by the registrar”.
(47)In section 102(7) for “registrar” substitute “ court ”.
(48)In section 103 (execution out of jurisdiction of a county court) omit subsections (1) to (5).
(49)In section 104 (information about writs and warrants)—
(a)in subsection (1) for “the district judge of a” substitute “ a judge of the ”,
(b)in subsection (1) in the words after paragraph (b) omit “district”, and
(c)in subsection (3) omit “district”.
(50)In section 110 (penalty for non-attendance) for “judge”, in each place, substitute “ court ”.
(51)In Part 6 (administration orders) as having effect until replaced by the Part 6 that is to be substituted by the Tribunals, Courts and Enforcement Act 2007—
(a)in section 112(2) omit the definition of “the appropriate court”,
(b)for “appropriate court”, in each place except section 112(2), substitute “ county court ”,
(c)in section 113(a)(ii) for “in the office of the county court for the district in which the debtor resides” substitute “ on an appropriate website ”,
(d)in section 113(b) and (d) (references to district judge) for “registrar” substitute “ county court ”,
(e)in section 114(2)—
(i)for “any county court in which proceedings” substitute “ when an administration order is made, the county court is to stay any proceedings in the county court which ”, and
(ii)omit “shall, on receiving notice of the administration order, stay the proceedings”,
(f)in section 114(3) for the words after “operate” substitute “ as a requirement to stay any proceedings in bankruptcy which are pending against the debtor. ”, and
(g)in section 115(1)—
(i)omit “the registrar of”, and
(ii)for “he” substitute “ the court ”.
(52)In Part 6 (administration orders) as substituted by the Tribunals, Courts and Enforcement Act 2007—
(a)omit “proper”, in each place except section 112AA(3),
(b)in section 112L(7)(a) omit “(within the meaning of Part 6A)”,
(c)in section 112N(3) for “the judge” substitute “ a judge of the county court ”,
(d)omit section 112N(6) (district judge may exercise powers of judge), and
(e)omit section 112AA(3) and (4) (meaning of “proper county court”).
(53)In Part 6A (enforcement restriction orders)—
(a)omit “proper”, in each place,
(b)in section 117I(7)(a) omit “(within the meaning of Part 6)”,
(c)in section 117K(3) for “the judge” substitute “ a judge of the county court ”,
(d)omit section 117K(6) (district judge may exercise powers of judge),
(e)in section 117R(3) omit “, or another court whilst it was previously the proper county court,”, and
(f)omit section 117T(3) and (4) (meaning of “proper county court”).
(54)In section 118 (power to commit for contempt)—
(a)in subsection (1)(a) for “the judge” substitute “ a judge ”,
(b)in subsection (2) for “The judge” substitute “ A judge of the county court ”, and
(c)omit subsection (3) (district judge may exercise powers of judge).
(55)In section 119(1) (order of committal to be directed to district judge) for “registrar” substitute “ officers ”.
(56)In section 120 (prisons to which committals to be made) omit “judge of any”.
(57)In section 121 (power to order discharge from prison)—
(a)omit “a judge of”, and
(b)for “the judge”, in both places, substitute “ the court ”.
(58)Omit section 122 (execution of committal orders by other county courts).
(59)In section 123 (responsibility for acts and defaults of officers)—
(a)for “Every registrar” substitute “ The county court ”, and
(b)for “himself and of the bailiffs appointed to assist him” substitute “ its bailiffs and other officers ”.
(60)In section 124 (liability of bailiff for neglect to levy execution)—
(a)in subsection (1) for the words after “complain” substitute “ to the court. ”, and
(b)in subsection (2) for “judge” substitute “ court ”.
(61)In section 125(1) (execution of warrants) for “a court” substitute “ the court ”.
(62)In section 126(1) (actions against bailiffs acting under warrants) for “registrar” substitute “ county court ”.
(63)In section 129 (enforcement of fines)—
(a)for “any court” substitute “ the county court ”, and
(b)for “judge” substitute “ court ”.
(64)In section 131 (appointment of auditors etc) for “county courts” substitute “ the county court ”.
(65)In section 132 (payment of salaries and expenses)—
(a)in paragraph (b) for “courts and” substitute “ the county court and its ”, and
(b)in paragraphs (c) and (d) for “courts”, in each place, substitute “ county court ”.
(66)In section 133 (proof of service) for “a court”, in both places, substitute “ the court ”.
(67)In section 137(2) (lessee's failure to give notice) for “any county court or” substitute “ the county court or any ”.
(68)In section 147(1) (interpretation)—
(a)omit the definition of “Admiralty county court”,
(b)for the definition of “Admiralty proceedings” substitute—
““Admiralty proceedings” means proceedings which, if commenced in the High Court, would involve the exercise of the High Court's Admiralty jurisdiction;”,
(c)for the definition of “court” and “county court” substitute—
““court” means the county court;”,
(d)omit the definition of “district” and “county district”,
(e)omit the definition of “judge”,
(f)in the definition of “officer” for the words from “in relation” to “clerk,” substitute “ in relation to the county court, means any clerk, ”,
(g)omit the definition of “part-time registrar” and “part-time assistant registrar”,
(h)omit the definition of “probate proceedings”, and
(i)omit the definition of “registrar” and “registrar of a county court”.
(69)In Schedule 1 (replevin)—
(a)in paragraph 1(2)—
(i)for “The registrar for the district in which any goods subject to replevin are taken” substitute “ Where any goods subject to replevin are taken, the county court ”, and
(ii)for “a bailiff” substitute “ an officer ”,
(b)in paragraph 1(3) for “registrar” substitute “ court ”, and
(c)in paragraph 2(2)—
(i)for “registrar having power in the matter” substitute “ county court ”, and
(ii)for “registrar thinks” substitute “ court thinks ”.
(70)In Schedule 3 (transitional provisions) after paragraph 5 insert—
“5AAny reference that would otherwise fall to be construed in accordance in with paragraph 5 is instead to be construed as a reference to the county court established under section A1.”
(71)In paragraph 7 of Schedule 3 (references to high bailiffs) for “registrar” substitute “ judge of the county court ”.
Part 2 U.K.Other amendments
General modificationU.K.
11(1)In relevant legislation, but subject to any amendments or repeals made by or under this Act—U.K.
(a)any reference (however expressed) that is or is deemed to be a reference to a county court held under section 1 of the County Courts Act 1984 is to be read as a reference to the county court established by section A1 of that Act, and
(b)any reference (however expressed) that is or is deemed to be a reference to a judge of a county court held under section 1 of that Act (including, for example, any reference to the judge of such a county court and any reference to a judge for, or assigned to, the district of such a county court) is—
(i)if the context permits, to be read as a reference to the county court established under section A1 of that Act, and
(ii)otherwise is to be read as a reference to a judge of the county court established under that section.
(2)Sub-paragraph (1)(b) does not apply to a reference to a holder of a particular office (for example, a reference to a Circuit judge) even though holders of the office were, or might have been, judges of county courts held under section 1 of that Act.
(3)In sub-paragraph (1) “relevant legislation” means—
(a)an Act passed no later than the end of the Session in which this Act is passed, but not the County Courts Act 1984,
(b)an Act or Measure of the National Assembly for Wales passed no later than the end of that Session, or
(c)an instrument made under an Act (including a future Act), or under an Act or Measure of the National Assembly for Wales (including a future Act of that Assembly), if—
(i)made no later than the coming into force of sub-paragraph (1), or
(ii)made later than the coming into force of sub-paragraph (1) but after having been approved in draft before the coming into force of that sub-paragraph by at least one House of Parliament or by the National Assembly for Wales.
Literary and Scientific Institutions Act 1854 (c. 112)U.K.
12U.K.In section 29 of the Literary and Scientific Institutions Act 1854—
(a)omit “the judge of”,
(b)omit “of the district in which the principal building of the institution shall be situated,”, and
(c)for “he”, in each place, substitute “ it ”.
Commons Act 1876 (c. 56)U.K.
13U.K.In section 30 of the Commons Act 1876 (jurisdiction of county court in respect of illegal inclosures)—
(a)for the words before “shall have jurisdiction” substitute “ The county court ”, and
(b)for “upon such” substitute “ upon any ”.
Bankers' Books Evidence Act 1879 (c. 11)U.K.
14U.K.In section 10 (interpretation) for “The judge of a county court” substitute “ A judge of the county court ”.
Bills of Sale Act (1878) Amendment Act 1882 (c. 43)U.K.
15U.K.In section 11 of the Bills of Sale Act (1878) Amendment Act 1882 (local registration of contents of bills of sale)—
(a)in the first sentence, for the words after “contents of such bill of sale to the” substitute “ county court ”, and
(b)in the second sentence omit the words between “indexed by the” and “county court”.
Law of Distress Amendment Act 1888 (c. 21)U.K.
16U.K.In section 7 of the Law of Distress Amendment Act 1888 (distress to be levied by certified bailiffs)—
(a)for “judge assigned to a county court district, or acting as a judge so assigned” substitute “ judge of the county court ”, and
(b)omit the sentence beginning “A county court registrar may”.
Law of Distress Amendment Act 1895 (c. 24)U.K.
17U.K.In section 1 of the Law of Distress Amendment Act 1895—
(a)for “the judge of a county court” substitute “ a judge of the county court ”, and
(b)for “that county court” substitute “ the county court ”.
Stannaries Court (Abolition) Act 1896 (c. 45)U.K.
18(1)The Stannaries Court (Abolition) Act 1896 is amended as follows.U.K.
(2)In section 1(1) (abolition of Vice-Warden's Court) omit the words from “and be exercised” to the end.
(3)In section 1 after subsection (1) insert—
“(1A)The jurisdiction and powers transferred and vested under subsection (1), so far as immediately before the coming into force of this subsection they are vested in any of the county courts held under section 1 of the County Courts Act 1984, become jurisdiction and powers of the county court to be exercised subject to and in accordance with rules of court.”
(4)In section 4(1) (reference of disputes to arbitration) for “a county court exercising the jurisdiction of the Stannaries Court” substitute “ the county court ”.
Administration of Justice (Appeals) Act 1934 (c. 40)U.K.
19U.K.The Administration of Justice (Appeals) Act 1934 is repealed.
Crown Proceedings Act 1947 (c. 44)U.K.
20U.K.In the Crown Proceedings Act 1947—
(a)for “a county court”, in each place except section 53(3)(a), substitute “ the county court ”, and
(b)in sections 24(3) and 27(2) for “county courts” substitute “ the county court ”.
Registered Designs Act 1949 (c. 88)U.K.
21(1)The Registered Designs Act 1949 is amended as follows.U.K.
(2)In section 27(1)(a) (meaning of “the court”) for the words after “High” substitute “ Court, ”.
(3)Omit section 27A(4) to (6) (references to patents county court).
Opencast Coal Act 1958 (c. 69)U.K.
22U.K.In Schedule 8 to the Opencast Coal Act 1958 in paragraph 7 omit “the judge of” and “having jurisdiction in the place where the land in question is situated”.
Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)U.K.
23U.K.In section 1(4) of the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (courts to which section applies) for “a county court” substitute “ the county court ”.
Courts Act 1971 (c. 23)U.K.
24U.K.Omit section 42(2) and (3) of the Courts Act 1971 (City of London to be a county court district, and the county court for that district to be known as the Mayor's and City of London Court).
Attachment of Earnings Act 1971 (c. 32)U.K.
25(1)The Attachment of Earnings Act 1971 is amended as follows.U.K.
(2)In section 1(2)—
(a)for “A county court may” substitute “ The county court may ”, and
(b)for “county court rules” substitute “ rules of court ”.
(3)In that Act except section 1 (but subject to any specific amendments or repeals made by or under this Act in that Act)—
(a)for “a county court”, in each place, substitute “ the county court ”, and
(b)for “A county court”, in each place, substitute “ The county court ”.
(4)In section 6(7)(a) for “such county court as the order may specify” substitute “ the county court if the order so specifies ”.
(5)In section 23 (enforcement provisions)—
(a)in subsections (1) and (1A), in each place, for “the judge” substitute “ the court ”,
(b)in subsection (1A) for “he” substitute “ the court ”,
(c)in subsection (3) for “the county court judge” substitute “ by the county court ”,
(d)in subsection (4) after “judge” insert “ or court ”,
(e)in subsection (7)—
(i)for “a county court judge” substitute “ by the county court ”, and
(ii)after “the judge” insert “ or court ”,
(f)in subsection (8) for “a county court judge”, in each place, substitute “ the county court ”, and
(g)omit subsection (11) (powers under section of judge of county court exercisable by district judge).
(6)In section 25(1) (interpretation) in the definition of “the court” for “county courts” substitute “ the county court ”.
Solicitors Act 1974 (c. 47)U.K.
26U.K.In section 74 (assessment of county court costs)—
(a)in subsection (1) for “a county court” substitute “ the county court ”, and
(b)omit subsection (2) (district judge to be costs officer).
Patents Act 1977 (c. 37)U.K.
27U.K.In section 130(1) of the Patents Act 1977 (interpretation) in paragraph (a) of the definition of “the court” for the words after “High” substitute “ Court; ”.
Criminal Law Act 1977 (c. 45)U.K.
28U.K.In section 10(6) (definitions) for paragraph (b) of the definition of “officer of a court” substitute—
“(b)any officer of the county court.”
Senior Courts Act 1981 (c. 54)U.K.
29U.K.In section 51 of the Senior Courts Act 1981 (costs)—
(a)in subsection (1)(c) (costs of county court proceedings) for “any” substitute “ the ”, and
(b)in subsection (8)(b) for “a county court” substitute “ the county court ”.
Copyright, Designs and Patents Act 1988 (c. 48)U.K.
30(1)The Copyright, Designs and Patents Act 1988 is amended as follows.U.K.
(2)In section 252(6)(a) (court which is to determine disputes as to Crown use of designs) for the words after “High” substitute “ Court, ”.
(3)Omit sections 287 to 289 and 291 (patents county court).
Courts and Legal Services Act 1990 (c. 41)U.K.
31U.K.The Courts and Legal Services Act 1990 is amended as follows.
32(1)Section 1 (allocation of business between the High Court and county courts) is amended as follows.U.K.
(2)In subsection (1)(a) for “county courts have” substitute “ the county court has ”.
(3)In subsection (1)(b) and (c) for “county courts” substitute “ the county court ”.
(4)In subsection (1)(e) and (g) for “a” substitute “ the ”.
(5)Omit subsections (4) to (6) (jurisdiction of particular county courts).
(6)In subsections (7)(a)(ii) and (10) for “any county court” substitute “ the county court ”.
(7)In the title for “county courts” substitute “ county court ”.
33(1)Section 11 (representation in certain county court cases) is amended as follows.U.K.
(2)For “a county court”, in each place, substitute “ the county court ”.
(3)In subsection (5) for “a court” substitute “ the county court ”.
(4)In subsection (6) for “any county court” substitute “ the county court ”.
34U.K.In section 15(3) (costs of previous steps to enforce a judgment or order) for “a county court” substitute “ the county court ”.
35U.K.In section 71(3)(e) (meaning of “county court qualification”) for “county courts” substitute “ the county court ”.
Vehicle Excise and Registration Act 1994 (c. 22)U.K.
36U.K.In section 49(a) (persons authorised to appear on behalf of Secretary of State) for “before a district judge of a” substitute “ the ”.
Housing Act 1996 (c. 52)U.K.
37(1)The Housing Act 1996 is amended as follows.U.K.
(2)In section 143N(1) (demoted tenancies: jurisdiction of county court) for “A county” substitute “ The county ”.
(3)In section 158(1) (interpretation of Chapter 3 of Part 5) in the definition of “relevant judge” for paragraph (b) substitute—
“(b)where the injunction was granted by the county court, a judge of that court;”.
(4)In paragraph 1(2) of Schedule 15 (interpretation of Schedule)—
(a)for “a county”, in both places, substitute “ the county ”, and
(b)omit “or district judge”.
London Local Authorities Act 1996 (c. ix)U.K.
38U.K.In paragraph 10 of Schedule 1 to the London Local Authorities Act 1996 (invalid enforcement notice in respect of penalty charge related to bus lane)—
(a)in sub-paragraph (1)(a) for “a county” substitute “ the county ”,
(b)in sub-paragraph (1)(c) omit “which made the order”,
(c)in sub-paragraph (3) for “a district judge” substitute “ the county court ”,
(d)in sub-paragraph (4)—
(i)for “district judge” substitute “ county court ”, and
(ii)for “he” substitute “ the court ”, and
(e)in sub-paragraph (5) for “district judge” substitute “ county court ”.
Protection from Harassment Act 1997 (c. 40)U.K.
39U.K.In section 3 of the Protection of Harassment Act 1997 (civil remedy)—
(a)for “a county”, in each place, substitute “ the county ”,
(b)in subsection (4)(b) for “or district judge of that or any other county” substitute “ of that ”, and
(c)in subsection (5) omit “or district judge” in both places.
Courts Act 2003 (c. 39)U.K.
40U.K.In the Courts Act 2003—
(a)in sections 1(1)(b), 59(2)(b), 81(1)(a), 92(1)(b) and 98(1)(b) for “county courts” substitute “ the county court ”,
(b)in section 64(2) for “District judge for a county court district” substitute “ District judge of the county court ”,
(c)in section 98(1)(c) and (d) for “courts” substitute “ court ”, and
(d)in paragraph 8(4) of Schedule 7—
(i)in paragraph (a) omit “district judge of a”, and
(ii)in paragraph (b) for the words after “application” substitute “ remained unexecuted in the hands of a person charged with its execution. ”
Traffic Management Act 2004 (c. 18)U.K.
41U.K.In section 83(1) of the Traffic Management Act 2004 (certificated bailiffs) as having effect until its repeal by the Tribunals, Courts and Enforcement Act 2007 for the words from “signed—” to the end substitute “ signed by a judge of the county court. ”
Constitutional Reform Act 2005 (c. 4)U.K.
42U.K.In section 7(4) of the Constitutional Reform Act 2005 (courts of which Lord Chief Justice is president) for “county courts” substitute “ county court ”.
Companies Act 2006 (c. 46)U.K.
43U.K.In section 1156 of the Companies Act 2006 (meaning of “the court”)—
(a)in subsection (1) for “(subject to subsection (3)) a” substitute “ the ”, and
(b)omit subsections (3) and (4) (power to provide for jurisdiction of county courts under the Act to be exercisable only by some courts).
Police and Justice Act 2006 (c. 48)U.K.
44U.K.In section 27(12) of the Police and Justice Act 2006 (interpretation of section)—
(a)for “a county”, in both places, substitute “ the county ”, and
(b)omit “or district judge”.
Tribunals, Courts and Enforcement Act 2007 (c. 15)U.K.
45U.K.The Tribunals, Courts and Enforcement Act 2007 is amended as follows.
46U.K.In section 64(1) (certificated enforcement agents) for the words from “section—” to the end substitute “ section by a judge of the county court. ”
47(1)In section 106 (administration orders) amend the sections to be inserted into the County Courts Act 1984 as follows.U.K.
(2)Omit “proper”, in each place except section 112AA(3).
(3)In sections 112B(1), 112J(1) and 112K(1) for “A county court” substitute “ The county court ”.
(4)In section 112L(7)(a) omit “(within the meaning of Part 6A)”.
(5)In section 112N(3) for “the judge” substitute “ a judge of the county court ”.
(6)Omit section 112N(6) (district judge may exercise powers of judge).
(7)In section 112O(1)(b) for “a county court” substitute “ the county court ”.
(8)Omit section 112AA(3) and (4) (meaning of “proper county court”).
48(1)In section 107 (enforcement restriction orders) amend the sections to be inserted into the County Courts Act 1984 as follows.U.K.
(2)In sections 117B(1), 117F(6), 117G(1) and 117H(1) for “A county court” substitute “ The county court ”.
(3)Omit “proper”, in each place.
(4)In section 117I(7)(a) omit “(within the meaning of Part 6)”.
(5)In section 117K(3) for “the judge” substitute “ a judge of the county court ”.
(6)In sections 117K(5) and 117L(1)(b) for “a county court” substitute “ the county court ”.
(7)Omit section 117K(6) (district judge may exercise powers of judge).
(8)In section 117R(3) omit “, or another court whilst it was previously the proper county court,”.
(9)Omit section 117T(3) and (4) (meaning of “proper county court”).
49U.K.In section 143(2) omit subsections (4) to (6) of the section 27A to be inserted into the Registered Designs Act 1949.
London Local Authorities Act 2007 (c. ii)U.K.
50U.K.In section 65(1) of the London Local Authorities Act 2007 (certificated bailiffs) for the words from “signed—” to the end substitute “ signed by a judge of the county court. ”
Policing and Crime Act 2009 (c. 26)U.K.
51(1)The Policing and Crime Act 2009 is amended as follows.U.K.
(2)Omit section 48(1) (rules may make provision about exercise of county court jurisdiction).
(3)In paragraph 1(2) of Schedule 5 (meaning of “the court”)—
(a)for “a county”, in both places, substitute “ the county ”, and
(b)omit “or district judge”.
Part 3 U.K.Further amendments
Amendment of references to “a county court”U.K.
52(1)In the provisions listed in sub-paragraph (2) (but subject to any specific amendments made by or under this Act)—U.K.
(a)for “A county court”, in each place, substitute “ The county court ”, and
(b)for “a county court”, in each place, substitute “ the county court ”.
(2)The provisions are—
Access to Health Records Act 1990: section 8(5),
Access to Justice Act 1999: sections 17, 17A, 21 and 54 to 57,
Access to Medical Records Act 1988: section 8(2),
Access to Neighbouring Land Act 1992: section 8(3),
Administration of Justice (Miscellaneous Provisions) Act 1933: section 7(2),
Administration of Justice Act 1960: sections 12 and 13,
Administration of Justice Act 1970: section 11(b) in the words before sub-paragraph (i), and section 41(3),
Administration of Justice Act 1977: section 23(4)(a),
Administration of Justice Act 1982: section 38,
Administration of Justice Act 1985: section 53(2)(c),
Anti-social Behaviour Act 2003: sections 13 and 26A to 28,
Charging Orders Act 1979: sections 1(1), (2)(c) and (d) and (6), 3(4A)(a) and 6(2),
Charities Act 1992: section 58(1),
Civil Jurisdiction and Judgments Act 1982: section 18(4A)(a),
Commonhold and Leasehold Reform Act 2002: sections 66(1) and 107(1),
Commons Act 2006: sections 34(5) and 46(7)(a),
Companies Act 2006: section 1183,
Communications Act 2003: section 124Q(7)(a),
Compensation Act 2006: section 8(2),
Contempt of Court Act 1981: section 14 (but not in its application to Northern Ireland as set out in Schedule 4 to that Act),
Crime and Disorder Act 1998: sections 1B(1) and 10,
Criminal Justice Act 2003: section 329(8)(c),
Data Protection Act 1998: section 55D(2)(a),
Education Act 1996: section 336(2)(g),
Education and Skills Act 2008: sections 56(5), 57(2), 58(4)(b), 59(4) and 65(3),
Electricity Act 1989: sections 39B(4)(a) and 44A(6)(b)(i),
Employment Rights Act 1996: sections 110(6)(a), 194(4) and 195(4),
Employment Tribunals Act 1996: sections 7(3)(e)(i), 13(1C), 15(1) and 19A,
Environmental Protection Act 1990: section 78P(8),
Equality Act 2006: sections 21(7)(b), 22(6), 24 and 32(9)(b), and paragraphs 11 and 12(2) of Schedule 2,
Equality Act 2010: sections 114(1), 119(1), 120(6), 124(6), 127(9), 138(8), 140(6) and 143(1), paragraph 12(5) of Schedule 20 and paragraphs 4(2) and 5(7) of Schedule 21,
Finance Act 2003: paragraph 5(1)(a) of Schedule 12, and the first “a county court” in paragraph 5(3)(a) of that Schedule,
Financial Services and Markets Act 2000: paragraphs 16(a) and 16D(a) of Schedule 17,
Gas Act 1986: sections 15A(6)(b), 27A(9)(b) and 33AB(4)(a),
Health and Social Care (Community Health and Standards) Act 2003: section 155(7),
Highways Act 1980: sections 79(8) and (13) and 308,
Horserace Betting and Olympic Lottery Act 2004: section 9(6),
Housing Act 1980: section 86(1),
Housing Act 1985: sections 82A(2), 110(1), 181(1) and 272(5), and paragraph 6(5) of Schedule 18,
Housing Act 1988: sections 6A(2) and 40(1) and (3), and section 40(4) until its repeal by the Courts and Legal Services Act 1990 is fully in force,
Housing Act 1996: sections 95, 138(1), 153E(6), 154(1), 155(6), 157(1) and 203(5),
Housing Act 2004: sections 214(1) and 215(2A), and paragraphs 5(3)(a) and 13 of Schedule 13,
Immigration and Asylum Act 1999: section 43(2)(a),
Immigration, Asylum and Nationality Act 2006: section 17(6)(a),
...
Insolvency Act 1986: sections 196(a), 373(2), 375 and 429(1),
Land Registration Act 2002: sections 75(4), 76(5) and 132(3)(a),
Landlord and Tenant (Covenants) Act 1995: sections 8(4) and 10(4),
Landlord and Tenant (War Damage) Act 1939: section 23(1),
Landlord and Tenant Act 1954: section 63(2) and (9),
Landlord and Tenant Act 1985: section 20C(2), and paragraph 8(2) of the Schedule,
Landlord and Tenant Act 1987: sections 52(1) and (3) and 60(1), and paragraphs 4(3) and 9(3) of Schedule 1, and section 52(4) until its repeal by the Courts and Legal Services Act 1990 is fully in force,
Learning and Skills Act 2000: section 145(5),
Leasehold Reform, Housing and Urban Development Act 1993: sections 90, 93(3) and 101(1), paragraph 4(3) of Schedule 8 and paragraph 4 of Schedule 14,
Legal Aid, Sentencing and Punishment of Offenders Act 2012: sections 24(3)(b) and 36(5), paragraph 5 of Part 3 of Schedule 1 and paragraph 2(3) of Schedule 2,
Legal Services Act 2007: section 141(7),
Local Government Act 1972: section 146(3),
Local Government Act 2000: section 77(6)(e),
Local Government Finance Act 1992: paragraph 11(4) of Schedule 4,
Local Land Charges Act 1975: section 10(8),
Localism Act 2011: section 159(5),
London Building Acts (Amendment) Act 1939 (c. xcvii): sections 103 and 143, and entry (xxxiv) in the table in section 148(2),
London County Council (General Powers) Act 1955 (c. xxix): section 7(4),
Magistrates' Courts Act 1980: sections 87(1) and 111A(3)(a),
Mental Health Act 1983: section 31,
Mines and Quarries (Tips) Act 1969: section 28,
National Health Service Act 2006: sections 90(5), 94(3)(h), 105(5), 109(3)(h), 122(5) and 139(8), and paragraph 3(3)(j) of Schedule 12,
National Health Service (Wales) Act 2006: sections 48(5), 52(3)(h), 62(5), 66(3)(h) and 97(8), and paragraph 3(3)(j) of Schedule 7,
National Minimum Wage Act 1998: sections 19E(a), 38(2) and 39(2),
Patents Act 1977: sections 41(9), 61(7)(a), 93(a) and 107(2),
Pension Schemes Act 1993: sections 53(1B)(a), 115(6)(a), 150(8)(a) and 151(5)(a),
Pensions Act 1995: section 10(8A)(a),
Pensions Act 2004: sections 103(9)(a), 217(2)(a) and 218(5)(a),
Pensions Act 2008: section 42(2),
Planning Act 2008: section 171(4), and paragraph 24 of Schedule 12,
Protection from Harassment Act 1997: section 3A(2),
Rent (Agriculture) Act 1976: section 26,
Rent Act 1977: sections 96(3), 132(6) and 141,
Representation of the People Act 1983: sections 78(4), 86(1)(c) and 167(1), and rule 56(1), (4) and (5)(a) of Schedule 1, with a view to the inserted references to the county court including (as in other places in that Act) a county court in Northern Ireland,
Representation of the People Act 1983: section 167(3), and paragraph 9 of Schedule 4,
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951: section 2(1),
Senior Courts Act 1981: section 29(4),
Social Security (Recovery of Benefits) Act 1997: section 7(4),
Social Security Act 1989: paragraph 9 of Schedule 5,
Social Security Administration Act 1992: sections 71ZE(1) and 126(3)(a),
Social Security Contributions and Benefits Act 1992: section 12(7),
Solicitors Act 1974: sections 61(6), 68(2), 69(3) and 74(3),
Trade Union and Labour Relations (Consolidation) Act 1992: section 277(3), and paragraphs 19E(5), 28(6) and 120(6) of Schedule A1,
Tribunals, Courts and Enforcement Act 2007: sections 27(1)(a) and 78(3), section 92(1) (in the inserted section 15D(3)), section 93(2) (in the inserted section 1(6)), section 93(3) (in the inserted section 3(4A)(a)), sections 93(6), 95(1), 104(2), 115 to 118, 119(1)(b), 122(2) and 123(1), paragraph 12(2)(b) of Schedule 5, paragraphs 3(1), 60(8) and 66(4) of Schedule 12, paragraphs 77 and 79(2)(a) of Schedule 13 (in the quoted or inserted text), paragraphs 2(2), 5, 7, 10, 18 and 21 of Schedule 15 (in the inserted text) and paragraph 3(2) of Schedule 16 (in the inserted section 429(1)),
Trusts of Land and Appointment of Trustees Act 1996: section 23(3),
Violent Crime Reduction Act 2006: section 4(1),
Water Industry Act 1991: sections 30A(5), 51B(5) and 150A(6), and
Welfare Reform Act 2012: section 105(1) (in the inserted section 71ZE(1)).
Textual Amendments
Commencement Information
Amendments of other referencesU.K.
53U.K.In section 7(1) of the Access to Neighbouring Land Act 1992 for “the county courts” substitute “ the county court ”.
54U.K.In section 40 of the Administration of Justice Act 1956 for “a county court”, and for “that county court”, substitute “ the county court ”.
55U.K.In section 26 of the Administration of Justice 1964 (Inner and Middle Temples in City of London for certain purposes including the law relating to county courts) omit “county courts,”.
56U.K.In section 96(1) of the Agricultural Holdings Act 1986 omit the definition of “county court”.
57U.K.In section 18(5) of the Agricultural Marketing Act 1958 omit the words from “within the district” to “may be brought”.
58U.K.In section 5 of the Agriculture (Miscellaneous Provisions) Act 1954—
(a)in subsections (2) and (3) for “county court rules” substitute “ rules of court ”, and
(b)omit subsection (4) (powers of district judge).
59U.K.In section 6 of the Allotments Act 1922 for “the judge of the county court having jurisdiction in the place where the land is situated”, and for “a county court”, substitute “ the county court ”.
60(1)In section 82(1) of the Arbitration Act 1996, in the definition of “legal proceedings”, after “civil proceedings” insert “ in England and Wales in the High Court or the county court or in Northern Ireland ”.U.K.
(2)In section 105 of that Act—
(a)in subsection (1) after “ “the court”” insert “ in relation to England and Wales means the High Court or the county court and in relation to Northern Ireland ”,
(b)in subsection (2) before paragraph (a) insert—
“(za)allocating proceedings under this Act in England and Wales to the High Court or the county court;”,
(c)in subsection (2)(a) after “this Act” insert “ in Northern Ireland ”,
(d)in subsection (2)(b) after “or in” insert “ the county court or (as the case may be) ”,
(e)in the first sentence in subsection (3) after “a county court” insert “ in Northern Ireland ”, and
(f)in the second sentence in subsection (3) omit “England and Wales or, as the case may be,”.
61U.K.In section 22(6) of the Architects Act 1997 (appeals) after “appeal” insert “ in England and Wales to the county court or, in Northern Ireland, ”.
62U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63U.K.In section 5(1) of the Caravan Sites Act 1968 (meaning of “the court”) omit the words from “and any powers” to the end.
64U.K.In the Chancel Repairs Act 1932—
(a)in section 3(1)—
(i)omit “for the district in which the chancel is situate”, and
(ii)for “a county court” substitute “ the county court ”,
(b)in section 3(3)—
(i)for “a judge of county courts” substitute “ the county court ”, and
(ii)for “the judge” substitute “ the court ”, and
(c)in section 4(1) for “county court rules” substitute “ rules of court ”.
65U.K.In sections 10(7), 29(4) and 29A(1) of the Chiropractors Act 1994—
(a)after “appeal” insert “ in England and Wales to the county court or in Northern Ireland ”, and
(b)before “the sheriff” insert “ to ”.
66U.K.In section 18(2)(b) of the Civil Jurisdiction and Judgments Act 1982 for “or”, in the second place, substitute “ in the High Court or the county court or in ”.
67U.K.In the Civil Procedure Act 1997—
(a)in sections 1(1)(c) and 2(2)(e) and (f) for “county courts” substitute “ the county court ”, and
(b)in Schedule 1 (civil procedure rules)—
(i)in paragraph 3(1)(b) for “between county courts” substitute “ within the county court ”, and
(ii)in paragraph 3(2)(a)(ii) for “by another county court” substitute “ elsewhere within the county court ”.
68U.K.In section 25(5)(c) of the Commissioners for Revenue and Customs Act 2005, in the definition of “legal proceedings”, after “civil proceedings” insert “ in England and Wales in the county court or in Northern Ireland ”.
69U.K.In paragraph 11 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002 for “a county court”, and for “such a court”, substitute “ the county court ”.
70U.K.In section 41(1) of the Commons Act 2006 omit “in whose area the land is situated”.
71U.K.In section 2(7) of the Contracts (Rights of Third Parties) Act 1999 after “exercisable” insert “ in England and Wales by both the High Court and the county court and in Northern Ireland ”.
72U.K.In sections 115(1), 205(1) and 232(1) of the Copyright, Designs and Patents Act 1988 for “, Wales and” substitute “ and Wales the county court and in ”.
73U.K.In section 8(4) of the Coroners and Justice Act 2009 for “county courts” substitute “ county court ”.
74U.K.In section 30 of the Courts Act 1971 for “county courts” substitute “ the county court ”.
75U.K.In section 1B(5) of the Crime and Disorder Act 1998 for “which made an order under this section for it” substitute “ for an order made under this section ”.
76U.K.In section 10(1) of the Criminal Law Act 1977 for “by any” substitute “ the ”.
77U.K.In section 15(1) of the Data Protection Act 1998 after “exercisable” insert “ in England and Wales by the High Court or the county court or, in Northern Ireland, ”.
78U.K.In section 5 of the Debtors Act 1869—
(a)in paragraph (a) of proviso (1) for “or his deputy” substitute “ of the court ”,
(b)for “any county court” substitute “ the county court ”, and
(c)for “other than a” substitute “ other than the ”.
79U.K.In the Deeds of Arrangement Act 1914—
(a)in section 10(1) for the words after “copy of the deed to the” substitute “ county court. ”,
(b)in section 10(2) omit “the registrar of”, and
(c)in section 16 for “a county court” substitute “ the county court ”.
80U.K.In section 8 of the Disused Burial Grounds (Amendment) Act 1981—
(a)omit “in whose district the land is situated who”, and
(b)omit the words after “costs of the application”.
81U.K.In the Enterprise Act 2002—
(a)in section 16(6) after “High Court” insert “ or the county court ”,
(b)in section 215(5)(a) omit “England and Wales or”,
(c)in section 215(5) before paragraph (a) insert—
“(za)the High Court or the county court if the person against whom the order is sought carries on business or has a place of business in England and Wales;”, and
(d)in paragraph 25(a) of Schedule 4 for “a county court in England and Wales or” substitute “ the county court in England and Wales or the High Court or a county court in ”.
82U.K.In the Estate Agents Act 1979—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in paragraph 6(1) of Schedule 4 after “appeal” insert “ in England and Wales to the county court or, in Northern Ireland, ”.
Textual Amendments
Commencement Information
83U.K.In section 133(8)(a) of the Financial Services and Markets Act 2000 before “as if” insert “ in England and Wales, as if it were an order of the county court or, in Northern Ireland, ”.
84(1)In section 22 of the Friendly Societies Act 1974 after subsection (2) insert—U.K.
“(2A)In the application of subsection (2) to England and Wales, for the words “for the district in which the member resides” there shall be substituted “if the member resides in England and Wales”.
(2)In section 80(2)(b) of that Act after “brought” insert “ in England and Wales in the county court or, in Northern Ireland, ”.
(3)In section 93(3) of that Act—
(a)for the words from “make an application—” to the end of paragraph (a) substitute “ make an application to the county court in England and Wales if the chief or any other place of business of that society or branch is situated in England and Wales or may make an application— ”, and
(b)for “such application” substitute “ application under this subsection ”.
85(1)In section 82(4) of the Friendly Societies Act 1992 after “brought” insert “ in England and Wales in the county court or, in Northern Ireland, ”.U.K.
(2)In section 119(1) of that Act in the definition of “the court” for “Wales or” substitute “Wales, the county court;
(aa)in the case of a body whose registered office is situated in”.
86(1)In section 48 of the Government Annuities Act 1929 after subsection (2) insert—U.K.
“(2A)For the purposes of this section, England and Wales is to be treated as the district of the county court in England and Wales.”
(2)In section 61(1) of that Act after “a county court” insert “ in Northern Ireland or the county court in England and Wales ”.
87U.K.Omit section 59(4) of the Highways Act 1980 and, in consequence, omit paragraph 8(2) of Schedule 3 to the Administration of Justice Act 1982.
88U.K.In paragraph 6(2) of Schedule 18 to the Housing Act 1985 for “a county court judge”, and for “the county court judge”, substitute “ a judge of the county court ”.
89U.K.In paragraph 13 of Schedule 13 to the Housing Act 2004 for “such a” substitute “ that ”.
90U.K.In the Immigration and Asylum Act 1999—
(a)in section 25(5)(a) after “granted” insert “ in England and Wales by the county court or in Northern Ireland ”,
(b)in section 43(3)(a) after “a county court” insert “ in Northern Ireland, or the county court in England and Wales, ”, and
(c)in sections 89(7), 92(1) and 112(4) after “a county court” insert “ in Northern Ireland or the county court in England and Wales ”.
91U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
92U.K.In section 25(1) of the Inheritance (Provision for Family and Dependants) Act 1975 in the definition of “the court”—
(a)for “a county” in both places substitute “ the county ”, and
(b)for “22 of this Act” substitute “ 25 of the County Courts Act 1984 ”.
93U.K.In the Insolvency Act 1986—
(a)in section 117(2) (county court winding-up jurisdiction)—
(i)for “the amount of a company's” substitute “ in the case of a company registered in England and Wales the amount of its ”, and
(ii)omit “of the district in which the company's registered office is situated”,
(b)omit section 117(4) and (6),
(c)in section 197(1)(a) for “a specified” substitute “ the ”,
(d)in section 373(1) for “county courts” substitute “ county court ”,
(e)in section 373(3)(a) for “Central London County Court” substitute “ county court ”,
(f)in section 373(3)(b) (jurisdiction in relation to insolvent individuals)—
(i)for “each” substitute “ the ”, and
(ii)for “the insolvency district of that court” substitute “ any other insolvency district ”,
(g)in section 374(1) for the words from “of each” to the end substitute “ , or districts, of the county court. ”,
(h)in section 399(3) for the words from “a county court” to the end substitute “ the county court. ”,
(i)in section 399(5)—
(i)for the words from “each” to “Parts” substitute “ the county court ”, and
(ii)for “two or more different” substitute “ both ”,
(j)in section 399(6) for “another” substitute “ the other ”,
(k)for section 413(3)(d) substitute—
“(d)a district judge;”, and
(l)in paragraph 2 of Schedule 9—
(i)omit “or a registrar of a county court having jurisdiction for the purposes of those Parts”, and
(ii)omit “or, as the case may be, that county court”.
94U.K.In Schedule 1 to the Interpretation Act 1978, in paragraph (a) of the definition of “County court”, for “a court held for a district under” substitute “ the county court established under section A1 of ”.
95U.K.In section 26(7)(g) of the Judicial Retirement and Pensions Act 1993 omit “in the county courts”.
96U.K.In the Juries Act 1974—
(a)in sections 1(1), 2(1) and 12(6) for “county courts” substitute “ the county court ”, and
(b)in section 7 for “any county”, and in sections 17(2) and 23(2) for “a county”, substitute “ the county ”.
97U.K.In section 1(6A) of the Land Charges Act 1972 for “county courts” substitute “ county court ”.
98U.K.In section 10 of the Landlord and Tenant (Requisitioned Land) Act 1942, and in section 2(2) of the Landlord and Tenant (Requisitioned Land) Act 1944, after “exercised” insert “ in England and Wales by the county court and in Northern Ireland ”.
99U.K.In paragraph 4 of Schedule 2 to the Leasehold Reform Act 1967—
(a)omit “making the order or another county court”, and
(b)for “county courts” substitute “ the county court ”.
100U.K.In paragraph 4 of Schedule 14 to the Leasehold Reform, Housing and Urban Development Act 1993 omit “or another county court”.
101U.K.In section 194(10) of the Legal Services Act 2007 in the definition of “civil court” as originally enacted and as substituted by section 61 of the Legal Aid, Sentencing and Punishment of Offenders Act 2007 for “any county” substitute “ the county ”.
102U.K.In section 35(3) of the Limitation Act 1980 for “any county” substitute “ the county ”.
103U.K.In paragraph (a) of the second sentence in section 1(1) of the Litigants in Person (Costs and Expenses) Act 1975 before “in a county court” insert “ in England and Wales in the county court or in Northern Ireland ”.
104U.K.In sections 62(1) and 87(2) of the Local Government Act 1948 omit “for the county court district in which the property in question is situated”.
105U.K.In the London Building Acts (Amendment) Act 1939 (c. xcvii)—
(a)in section 103(2) for “such court”, in both places, substitute “ that court ”, and
(b)in section 107(1) omit “of the district in which the premises are situate”.
106U.K.In Schedule 1 to the London Local Authorities Act 1996 (c. ix)—
(a)in paragraph 9(1) for “if a county” substitute “ if the county ”,
(b)in paragraph 10(1)(a) for “a county” substitute “ the county ”, and
(c)in paragraph 10(1)(c) omit “which made the order”.
107U.K.In section 64(2)(b) of the London Local Authorities Act 2007 (c. ii) for “if a county” substitute “ if the county ”.
108U.K.In paragraph 7 of Schedule 1 to the London Local Authorities and Transport for London Act 2003 (c. iii) until its repeal by the Traffic Management Act 2004 is fully in force—
(a)in sub-paragraph (1)(c) omit “which made the order”,
(b)in sub-paragraph (5) for “a district judge” substitute “ the county court ”,
(c)in sub-paragraphs (6), (7) and (8)(d) for “district judge” substitute “ county court ”, and
(d)in sub-paragraph (7) for “he” substitute “ the court ”.
109U.K.In section 25 of the London Overground Wires &c. Act 1933 (c. xliv) for “any county court having otherwise jurisdiction in the matter” substitute “ the county court ”.
110U.K.In paragraph 8(3) of Schedule 3B to the Medical Act 1983 after “made” insert “ in England and Wales to the county court or, in Northern Ireland, ”.
111U.K.In paragraph 28 of Schedule 3 to the Medicines Act 1968 after sub-paragraph (2) insert—
“(2A)For the purposes of this paragraph, England and Wales is to be treated as the district of the county court in England and Wales.”
112U.K.In section 31 of the Mental Health Act 1983 for “County court rules” substitute “ rules of court ”.
113U.K.In section 5(1) of the Mobile Homes Act 1983, in paragraph (a) of the definition of “the court”, omit “for the district in which the protected site is situated”.
114U.K.In section 73 of the Offices, Shops and Railway Premises Act 1963—
(a)in subsections (1) and (2) for “county court within whose jurisdiction the premises are situate” substitute “ court ”, and
(b)for subsection (3) substitute—
“(3)In subsections (1) and (2) “the court”, in relation to any premises, means—
(a)the county court if the premises are in England and Wales, or
(b)if the premises are in Scotland, the sheriff within whose jurisdiction the premises are situate.”
115U.K.In section 4(2) of the Open Spaces Act 1906 after “shall” insert “ in England and Wales be either the High Court or the county court and, in Northern Ireland, shall ”.
116U.K.In sections 10(7), 29(4) and 29A(1) of the Osteopaths Act 1993—
(a)after “may appeal” insert “ in England and Wales to the county court or in Northern Ireland ”, and
(b)before “the sheriff” insert “ to ”.
117U.K.In paragraphs 4(4) and 12(4) of Schedule 4 to the Parliamentary Standards Act 2009 for “a county court” substitute “ the county court in England and Wales or a county court in Northern Ireland ”.
118U.K.In section 23(2) of the Partnership Act 1890 for “or a county court,” substitute “ or the county court in England and Wales or a county court in Northern Ireland, ”.
119U.K.In section 152 of the Pension Schemes Act 1993—
(a)in subsection (1)(a) for “county courts” substitute “ the county court ”, and
(b)in subsection (2) for “the county court rules” substitute “ rules of court ”.
120U.K.In paragraph 11(2) of Schedule 3 to the Plant Varieties Act 1997 for “the county court rules” substitute “ rules of court ”.
121U.K.In the Political Parties, Elections and Referendums Act 2000—
(a)in section 48(12)(a) for “or” substitute “ means the county court and, in ”,
(b)in sections 77(4), 92(4) and 115(4) after “may apply” insert “ in England and Wales to the High Court or the county court or, in Northern Ireland, ”,
(c)in sections 77(12) and 92(8) for the words after “In” substitute “its application to Gibraltar, subsection (4) has effect as if for the words between “apply” and “leave” there were substituted “ to the Gibraltar court for ”.”, and
(d)in paragraphs 2(7), 6(7), 9(4) and 13(3) of Schedule 19C after “is to” insert “ (in England and Wales) the county court or (in Northern Ireland) ”.
122U.K.Omit section 9(2) of the Protection from Eviction Act 1977 (exercise of jurisdiction by district judges).
123U.K.In section 9(5) of the Protection of Children Act 1999 after “imposed” insert “ in England and Wales by the county court or in Northern Ireland ”.
124U.K.In section 32(10) of the Public Audit (Wales) Act 2004 for “courts” substitute “ court ”.
125U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
126U.K.In section 104(1) of the Road Traffic Act 1988 (conduct of proceedings)—
(a)for “before the registrar of a” substitute “ the ”, and
(b)after “may” insert “ , except in the county court if rules of court provide otherwise, ”.
127U.K.In section 113(3) of the Settled Land Act 1925 for “any county” substitute “ the county ”.
128U.K.In paragraph 9(3)(a) of Schedule 5 to the Social Security Act 1989 for “such a” substitute “ that ”.
129U.K.In paragraph 3(1) of Schedule 4 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 after “proceedings” insert “ in England and Wales in the county court or in Northern Ireland ”.
130U.K.In the Solicitors Act 1974—
(a)in section 61(6) for “any county” substitute “ the county ”,
(b)in section 68(2) for “that county” substitute “ the county ”, and
(c)in section 69(3) for “any county court in which any part of the business was done” substitute “ the county court ”.
131U.K.In section 61(3)(a) of the Taxation of Chargeable Gains Act 1992 for “county courts” substitute “ the county court ”.
132U.K.In section 66(1) of the Taxes Management Act 1970 after “proceedings” insert “ in England and Wales in the county court or in Northern Ireland ”.
133U.K.In the Torts (Interference with Goods) Act 1977—
(a)in section 4(4)—
(i)for “under section”, in the first place, substitute “ for the High Court in England and Wales ”,
(ii)omit “84 of the Senior Courts Act 1981”, and
(iii)omit “99 of the Supreme Court of Judicature (Consolidation) Act 1925”,
(b)in section 4(5)—
(i)after “in relation to county courts” insert “ in Northern Ireland ”,
(ii)after “High Court” insert “ in Northern Ireland ”, and
(iii)omit “84”, “99”, “of the said Act of”, “1981”, “1925”, “section or” and “section 75 of the County Courts Act 1984 or”,
(c)in section 4 after subsection (5) insert—
“(6)Subsections (1) to (4) have effect in relation to the county court in England and Wales as they have effect in relation to the High Court in England and Wales.”,
(d)in section 9(3) and (4) after “brought” insert “ in England and Wales in the county court or in Northern Ireland ”,
(e)in section 9(3)—
(i)before “county court rules” insert “ rules of court or ”, and
(ii)for “same county” substitute “ same ”, and
(f)in section 13(3) for the words from the beginning to “if” substitute “ In this section “the court”, in relation to England and Wales, means the High Court or the county court and, in relation to Northern Ireland, means the High Court or a county court, save that a county court in Northern Ireland has jurisdiction in the proceedings only if ”.
134U.K.In section 75(1) of the Trade Marks Act 1994 for “or a county court having” substitute “ , or the county court where it has ”.
135U.K.In section 82(2)(b) of the Traffic Management Act 2004 for “if a county” substitute “ if the county ”.
136U.K.In the Tribunals, Courts and Enforcement Act 2007—
(a)in section 121(8) for paragraphs (a) and (b) substitute—
“(aa)in relation to an administration order or an enforcement restriction order: the county court;”, and
(b)omit sections 123(6) and 131(2), and paragraph 79(2)(b) of Schedule 13.
137U.K.In section 67(2) of the Trustee Act 1925 for “county courts” substitute “ the county court ”.
138U.K.In section 11(1)(a) of the UK Borders Act 2007 for “a county court, in England and Wales or” substitute “ the county court in England and Wales or a county court in ”.
139U.K.In section 5CE(5)(a) of the Veterinary Surgeons Act 1966 for “a county court” substitute “ the county court in England and Wales or a county court in Northern Ireland ”.
140U.K.In paragraph 11(1) of Schedule 15 to the Water Resources Act 1991 omit “for the area in which the land or any part of it is situated”.
Part 4 U.K.Consequential repeals
141U.K.The provisions specified in the Table are repealed to the extent shown.
Reference | Extent of repeal |
---|
Literary and Scientific Institutions Act 1854 (c. 112) | In section 30, “the judge of” and “aforesaid”. |
Hovercraft Act 1968 (c. 59) | In section 2(1), “27 to 29,”. |
Senior Courts Act 1981 (c. 54) | In Schedule 5, the entry for the Torts (Interference with Goods) Act 1977. |
County Courts Act 1984 (c. 28) | In Schedule 2, paragraph 64. |
Administration of Justice Act 1985 (c. 61) | Section 51(1). |
In Schedule 7, paragraph 7(b). |
Courts and Legal Services Act 1990 (c. 41) | Section 74(4) and (5). |
In Schedule 18, in paragraph 49(3), “27(6),”. |
Merchant Shipping (Salvage and Pollution) Act 1994 (c. 28) | In Schedule 2, paragraph 7. |
Merchant Shipping Act 1995 (c. 21) | In Schedule 13, paragraph 7(2) and (4). |
Civil Procedure Act 1997 (c. 12) | In Schedule 2, paragraph 2(4). |
Constitutional Reform Act 2005 (c. 4) | In Schedule 4, paragraphs 161, 162(2), 163, 166, 200 and 201. |
Tribunals, Courts and Enforcement Act 2007 (c. 15) | In Schedule 11, paragraph 6. |
Legal Services Act 2007 (c. 29) | In Schedule 16, paragraph 69(a). |
Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (S.I. 2009/871) | Article 9(1) and (2). |