The High Court and County Courts Jurisdiction (Amendment) Order 1996

Statutory Instruments

1996 No. 3141 (L.12)

COUNTY COURTS

SUPREME COURT OF ENGLAND AND WALES

The High Court and County Courts Jurisdiction (Amendment) Order 1996

Made

12th December 1996

Coming into force

Articles 1, 2, 3, 4(1) and 4(3)

1st January 1997

Article 4(2)

1st March 1997

The Lord Chancellor, in exercise of the powers conferred upon him by section 1 of the Courts and Legal Services Act 1990(1), having consulted as required by section 1(9) of that Act, hereby makes the following Order a draft of which has, in accordance with section 120(4) of that Act, been laid before and approved by resolution of each House of Parliament:—

1.—(1) This Order may be cited as the High Court and County Courts Jurisdiction (Amendment) Order 1996 and shall come into force on the following dates:—

(a) articles 1, 2, 3, 4(1) and 4(3) on 1st January 1997;

(b) article 4(2) on 1st March 1997.

(2) In this Order, unless the context otherwise requires, an article referred to by number means the article so numbered in the High Court and County Courts Jurisdiction Order 1991(2).

2.—(1) In sub-paragraph (a) of article 2(1) “30,” shall be omitted.

(2) In sub-paragraph (n) of article 2(1) the third occurrence of “and” shall be omitted.

(3) After sub-paragraph (o) of article 2(1) there shall be inserted the following:—

“and

(p) sections 13 and 14 of the Trusts of Land and Appointment of Trustees Act 1996(3),”.

3.  In sub-paragraph (b) of article 8(1) after the words “less than”, the sum “£1,000” shall be substituted for “£2,000”.

4.—(1) In sub-paragraph (b) of article 8A(1) the word “local” shall be substituted for the word “London”.

(2) In paragraph (1) of article 8A, the word “Northampton” shall be substituted for the word “Cardiff”.

(3) After paragraph (2) of article 8A, there shall be inserted the following:—

“(3) In this article, “a local authority” means:—

(a) in England, a London authority, a county or district council or the Council of the Isles of Scilly; and

(b) in Wales, a county or county borough council.”.

Mackay of Clashfern, C.

Dated 12th December 1996

Explanatory Note

(This note is not part of the Order)

This Order amends the High Court and County Courts Jurisdiction Order 1991 (“the 1991 Order”) so as to:—

(a) provide for county courts to have jurisdiction in proceedings under sections 13 and 14 of the Trusts of Land and Appointment of Trustees Act 1996 (article 2);

(b) change the value limit (from £2,000 to £1,000) for enforcement by execution against goods, above which judgment debts may be transferred from a county court to the High Court (article 3); and

(c) make consequential amendments to Article 8A of the 1991 Order, following the extension to areas outside London of the scheme under the Road Traffic Act 1991 for the enforcement of certain road traffic debts through county courts and to provide for those proceedings to be taken in Northampton County Court (instead of Cardiff County Court) (article 4).

(1)

1990 c. 41.

(2)

S.I. 1991/724; the relevant amending instruments are S.I. 1993/1407 and 1995/205.

(3)

1996 c. 47.