The High Court and County Courts Jurisdiction Order 1991

SCHEDULE E+W

PART I— E+W ACTS M1

Marginal Citations

M1 Details of relevant amendments to the statutes amended in this Schedule are set out in the footnotes to article 2.

Chapter	Short Title	Amendment
22 Vict. c.12	Defence Act 1859	Section 5 is repealed.
15 & 16 Geo. 5 c.20	Law of Property Act 1925	(1)In sections 3(7), 49(4), 66(4), paragraph 3A of Part III of Schedule 1 and paragraph 1(3A) and (4A) of Part IV of Schedule 1, for the words “the county court limit” is substituted “ £30,000 ”, and the words “or net annual value for rating” are omitted. (2)In sections 30(2) and 147(5) the words from “where the” onwards are omitted. (3)In sections 89(7), 90(3), 91(8), 92(2), 136(3), 181(2) and 188(2), for the words “the county court limit” is substituted “ £30,000 ”. (4)In section 146(13), paragraphs (a) and (b) are omitted. (5)In section 205(1), paragraph (iiiA) is omitted.
1 & 2 Geo. 6 c.22	Trade Marks Act 1938	In section 58C(5)(a) for the word “provided” are substituted the words “ save that in Northern Ireland such proceedings may be brought in a county cour t only where ”.
14 Geo. 6 c.27	Arbitration Act 1950	(1)In section 26, the following is substituted for subsection (2): “(2) If a county court so orders, the amount sought to be recovered shall be recoverable (by execution issued from the county court or otherwise) as if payable under an order of that court and shall not be enforceable under subsection (1) above.”. (2)In section 26, subsection (4) is omitted.
2 & 3 Eliz. 2 c.56	Landlord and Tenant Act 1954	In section 63— (a)in subsection (2), paragraphs (a) and (b) are omitted and the words “ by the High Court or a county court ” are substituted. (b)subsection (3) is omitted; (c)in subsection (4)(a), for the words “subsection (2) of this section” are substituted the words “ an Order under section 1 of the Courts and Legal Services Act 1990 ”; (d)subsection (8) is omitted; (e)in subsection (9), for the words “section one hundred and eleven of the County Courts Act 1934” are substituted the words “ section 41 of the County Courts Act 1984 ”
1969 c.10	Mines and Quarries (Tips) Act 1969	The following is substituted for section 28: “28. In the application of this Part of this Act to England and Wales, “the court” means the High Court or a county court.”
1970 c.9	Taxes Management Act 1970	(1)In section 66(1) for the words from “where the amount” to “the tax may,” are substituted the words “ Tax due and payable under any assessment may, in England and Wales, and in Northern Ireland where the amount does not exceed the limit specified in Article 10(1) of the County Courts (Northern Ireland) Order 1980, ”. (2)Section 66(2A) is omitted. (3)The following is substituted for section 66(3): “(3) In this section as it applies in Northern Ireland the expression “county court” shall mean a county court held for a division under the County Courts (Northern Ireland) Order 1980.”
1970 c.31	Administration of Justice Act 1970	In section 41, subsections (4) and (4A) are omitted.
1972 c.61	Land Charges Act 1972	(1)The following is substituted for section 1(6A): “(6A) The county courts have jurisdiction under subsection (6) above— (a) in the case of a land charge of Class C(i), C(ii) or D(i), if the amount does not exceed £30,000; (b) in the case of a land charge of Class C(iii), if it is for a specified capital sum of money not exceeding £30,000 or, where it is not for a specified capital sum, if the capital value of the land affected does not exceed £30,000; (c) in the case of a land charge of Class A, Class B, Class C(iv), Class D(ii), Class D(iii) or Class E if the capital value of the land affected does not exceed £30,000; (d) in the case of a land charge of Class F, if the land affected by it is the subject of an order made by the court under section 1 of the Matrimonial Homes Act 1983 or an application for an order under that section relating to that land has been made to the court; (e) in a case where an application under section 23 of the Deeds of Arrangement Act 1914 could be entertained by the court.”. (2)Section 1(6B) is omitted.
1974 c.39	Consumer Credit Act 1974	In section 139, the words, in subsection (5), “not exceeding the county court limit” and “on which the credit limit does not exceed the county court limit”, and subsection (5A) are omitted.
1974 c.47	Solicitors Act 1974	In section 69— (a)in subsection (3), for the words “the county court limit” is substituted “ £5,000 ”; a nd (b)subsection (4) is omitted.
1975 c.76	Local Land Charges Act 1975	The following is substituted for section 10(8) and (8A): “(8) Where the amount claimed by way of compensation under this section does not exceed £5,000, proceedings for the recovery of such compensation may be begun in a county court.”.
1977 c.30	Rentcharges Act 1977	(1)In section 10(4) for the words “the county court limit” is substituted “ £5,000 ”. (2)In section 10, subsection (4A) is omitted.
1977 c.32	Torts (Interference with Goods) Act 1977	(1)In section 13(3) the words from “, and a county court” onwards are omitted and the following is substituted: “and a county court shall have jurisdiction in the proceedings save that, in Northern Ireland, a county court shall only have jurisdiction in proceedings if the value of the goods does not exceed the county court limit mentioned inArticle 10(1) of the County Courts (Northern Ireland) Order 1980.”. (2)In section 14 the definition of “county court limit” is omitted.
1980 c.43	Magistrates’ Courts Act 1980	In section 87, subsections (2) and 2(A) are omitted.
F1 . . .	F1 . . .	F1 . . .
1982 c.53	Administration of Justice Act 1982	In paragraph 8 of Schedule 3 the words from “if the limit” to the end are omitted.
1984 c.28	County Courts Act 1984	(1)In section 15(1) the words from “where the debt” to the end are omitted. (2)In section 15(2), paragraph (a) and the words “any hereditament or to” in paragraph (b) are omitted. (3)Section 15(3) is omitted. (4)In section 16, paragraph (b) and the word “and” immediately before it are omitted. (5)In section 21(1) the words from “where the net annual value” to the end are omitted. (6)In section 21(2) the words from “being an action” to the end are omitted. (7)In section 21, subsections (5) and (6) are omitted. (8)In section 24(2)(c), the references to sections 30(2), 146(13) and 147(5) are omitted. (9)In section 25, the words from “where it is shown” to the end are omitted. (10)In section 139(2) the words “, if the net annual value for rating of the land does not exceed the county court limit,” are omitted. (11)In section 147(1), paragraph (b) of the definition of “the county court limit” and, in paragraph (c) of that definition, the words “or (b)” are omitted.
1985 c.68	Housing Act 1985	In section 582(7), paragraph (b) is omitted.
1988 c.34	Legal Aid Act 1988	(1)In section 39(4) the words from “notwithstanding” onwards are omitted. (2)Paragraph 3(3)(b) of Schedule 3, and the word “or” immediately preceding it, are omitted.
1988 c.48	Copyright, Designs and Patents Act 1988	(1)In sections 115, 205 and 232 before the words “where the value” are inserted the words “ save that, in Northern Ireland, a county court may entertain such proceedings only ”.
1988 c.50	Housing Act 1988	Section 40(2) is omitted.

Textual Amendments

F1 Words in Sch. Pt. 1 revoked (11.9.1998) by Audit Commission Act 1998 (c. 18), s. 55(2), Sch. 5

PART II— E+W STATUTORY INSTRUMENTS

Year and number	T itle	Amendment
S.I. 1981/1123	County Courts Jurisdiction Order 1981	In the table in article 2, the entries relating to the following provisions are omitted: (1)sections 39, 40, 41, 45, 47, 68 and 146 of the County Courts Act 1959 and, in so far as it relates to the Law of Property Act 1925 and the Land Charges Act 1925, the First Schedule to that Act; (2)section 69(3) of the Solicitors Act 1974; (3)section 139(5) of the Consumer Credit Act 1974.
S.I. 1981/1749	County Courts Appeals Order 1981	The following is substituted for article 2: “2.   There shall be no right of appeal under section 77 of the County Courts Act 1984 without the leave either of the judge of the county court or of the Court of Appeal where: (a) the claim (or counter-claim, if larger) is for an amount not exceeding— (i) in the case of proceedings in which the county courts have jurisdiction by virtue of section 15 or 16 of the County Courts Act 1984, £2,500 and (ii) in the case of proceedings in which the county courts have jurisdiction by virtue of section 23 or 32 of the County Courts Act 1984, £15,000; or (b) the determination sought to be appealed from was made by the judge acting in an appellate capacity.”.
S.I. 1982/543	Court of Appeal (Civil Division) Order 1982	The following is substituted for article 2(b): “(b) an appeal from a judgment or order of the High Court in proceedings in which the county courts have jurisdiction;”.
S.I. 1989/1548	Landlord and Tenant Act 1954, Part II (Notices) (Amendment) Regulations 1989	In Forms 1, 3, 13 and 15 in the Schedule the words from “You should apply to the county court” to “you should apply to the High Court.” are omitted.
S.I. 1986/1711	Stamp Duty Reserve Tax Regulations 1986	(1)In section 66(1) of the Taxes Management Act 1970 as set out in the Schedule, for the words from “where the amount” to “the tax may,” are substituted the words “ Tax due and payable under any assessment may, in England and Wales, and in Northern Ireland where the amount does not exceed the limit specified in Article 10(1) of the County Courts (Northern Ireland) Order 1980, ”. (2)Section 66(2A) of the Taxes Management Act 1970 as set out in the Schedule is omitted. (3)The following is substituted for section 66(3) of the Taxes Management Act 1970 as set out in the Schedule: “(3) In this section as it applies in Northern Ireland the expression “county court” shall mean a county court held for a division under the County Courts (Northern Ireland) Order 1980.”