Crime and Courts Act 2013

Part 2 U.K. Other amendments

General modification U.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.

Commencement Information

I1 Sch. 9 para. 11 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Literary and Scientific Institutions Act 1854 (c. 112) U.K.

12 U.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 ”.

Commencement Information

I2 Sch. 9 para. 12 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commons Act 1876 (c. 56) U.K.

13 U.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 ”.

Commencement Information

I3 Sch. 9 para. 13 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Bankers' Books Evidence Act 1879 (c. 11) U.K.

14 U.K. In section 10 (interpretation) for “The judge of a county court” substitute “ A judge of the county court ”.

Commencement Information

I4 Sch. 9 para. 14 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Bills of Sale Act (1878) Amendment Act 1882 (c. 43) U.K.

15 U.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”.

Commencement Information

I5 Sch. 9 para. 15 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Law of Distress Amendment Act 1888 (c. 21) U.K.

16 U.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”.

Commencement Information

I6 Sch. 9 para. 16 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Law of Distress Amendment Act 1895 (c. 24) U.K.

17 U.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 ”.

Commencement Information

I7 Sch. 9 para. 17 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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 ”.

Commencement Information

I8 Sch. 9 para. 18 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Administration of Justice (Appeals) Act 1934 (c. 40) U.K.

19 U.K. The Administration of Justice (Appeals) Act 1934 is repealed.

Commencement Information

I9 Sch. 9 para. 19 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Crown Proceedings Act 1947 (c. 44) U.K.

20 U.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 ”.

Commencement Information

I10 Sch. 9 para. 20 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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).

Commencement Information

I11 Sch. 9 para. 21(1)(2) in force at 1.10.2013 by S.I. 2013/1725, art. 3(c)

I12 Sch. 9 para. 21(3) in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Opencast Coal Act 1958 (c. 69) U.K.

22 U.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”.

Commencement Information

I13 Sch. 9 para. 22 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63) U.K.

23 U.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 ”.

Commencement Information

I14 Sch. 9 para. 23 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Courts Act 1971 (c. 23) U.K.

24 U.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).

Commencement Information

I15 Sch. 9 para. 24 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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 ”.

Commencement Information

I16 Sch. 9 para. 25 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Solicitors Act 1974 (c. 47) U.K.

26 U.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).

Commencement Information

I17 Sch. 9 para. 26 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Patents Act 1977 (c. 37) U.K.

27 U.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; ”.

Commencement Information

I18 Sch. 9 para. 27 in force at 1.10.2013 by S.I. 2013/1725, art. 3(c)

Criminal Law Act 1977 (c. 45) U.K.

28 U.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.”

Commencement Information

I19 Sch. 9 para. 28 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Senior Courts Act 1981 (c. 54) U.K.

29 U.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 ”.

Commencement Information

I20 Sch. 9 para. 29 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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).

Commencement Information

I21 Sch. 9 para. 30 in force at 1.10.2013 by S.I. 2013/1725, art. 3(c)

Courts and Legal Services Act 1990 (c. 41) U.K.

31 U.K. The Courts and Legal Services Act 1990 is amended as follows.

Commencement Information

I22 Sch. 9 para. 31 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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 ”.

Commencement Information

I23 Sch. 9 para. 32 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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 ”.

Commencement Information

I24 Sch. 9 para. 33 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

34 U.K. In section 15(3) (costs of previous steps to enforce a judgment or order) for “a county court” substitute “ the county court ”.

Commencement Information

I25 Sch. 9 para. 34 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

35 U.K. In section 71(3)(e) (meaning of “county court qualification”) for “county courts” substitute “ the county court ”.

Commencement Information

I26 Sch. 9 para. 35 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Vehicle Excise and Registration Act 1994 (c. 22) U.K.

36 U.K. In section 49(a) (persons authorised to appear on behalf of Secretary of State) for “before a district judge of a” substitute “ the ”.

Commencement Information

I27 Sch. 9 para. 36 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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”.

Commencement Information

I28 Sch. 9 para. 37 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

London Local Authorities Act 1996 (c. ix) U.K.

38 U.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 ”.

Commencement Information

I29 Sch. 9 para. 38 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Protection from Harassment Act 1997 (c. 40) U.K.

39 U.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.

Commencement Information

I30 Sch. 9 para. 39 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Courts Act 2003 (c. 39) U.K.

40 U.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. ”

Commencement Information

I31 Sch. 9 para. 40 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Traffic Management Act 2004 (c. 18) U.K.

41 U.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. ”

Commencement Information

I32 Sch. 9 para. 41 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Constitutional Reform Act 2005 (c. 4) U.K.

42 U.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 ”.

Commencement Information

I33 Sch. 9 para. 42 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Companies Act 2006 (c. 46) U.K.

43 U.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).

Commencement Information

I34 Sch. 9 para. 43 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Police and Justice Act 2006 (c. 48) U.K.

44 U.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”.

Commencement Information

I35 Sch. 9 para. 44 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Tribunals, Courts and Enforcement Act 2007 (c. 15) U.K.

45 U.K. The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

Commencement Information

I36 Sch. 9 para. 45 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

46 U.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. ”

Commencement Information

I37 Sch. 9 para. 46 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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”).

Commencement Information

I38 Sch. 9 para. 47 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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”).

Commencement Information

I39 Sch. 9 para. 48 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

49 U.K. In section 143(2) omit subsections (4) to (6) of the section 27A to be inserted into the Registered Designs Act 1949.

Commencement Information

I40 Sch. 9 para. 49 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

London Local Authorities Act 2007 (c. ii) U.K.

50 U.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. ”

Commencement Information

I41 Sch. 9 para. 50 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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”.

Commencement Information

I42 Sch. 9 para. 51 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)