County Courts Act 1984
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the court may make an order committing him to prison for a period not exceeding 14 days in respect of the failure or refusal.
- (3) In any case where the court has power to make an order of committal under subsection (2) for failure to attend, he may in lieu of or in addition to making that order, order the debtor to be arrested and brought before the court either forthwith or at such time as the court may direct.
- (4) A debtor shall not be committed to prison under subsection (2) for having failed to attend as required by an order under subsection (1) unless there was paid to him at the time of the service of the judgment summons, or paid or tendered to him at the time of the service of the order, such sum in respect of his expenses as may be prescribed for the purposes of this section.
- (5) The court may at any time revoke an order committing a person to prison under this section and, if he is already in custody, order his discharge.
Power to make administration order.
111
- (1) For the purpose of executing a warrant to give possession of any premises, it shall not be necessary to remove any goods from those premises.
- (2) The duration of any warrant of possession issued by the county court to enforce a judgment or order for the recovery of land or for the delivery of possession of land shall be such as may be fixed by or in accordance with rules of court.
Part VI — Administration Orders
Power to make administration order.
112
- (1) Where a debtor—
- (a) is unable to pay forthwith the amount of a judgment obtained against him; and
- (b) alleges that his whole indebtedness amounts to a sum not exceeding the county court limit, inclusive of the debt for which the judgment was obtained;
the county court may make an order providing for the adminstration of his estate.
- (2) In this Part of this Act—
- “administration order” means an order under this section; and
- ...
- (3) Before an administration order is made, the county court shall, in accordance with rules of court, send to every person whose name the debtor has notified to the county court as being a creditor of his, a notice that that person’s name has been so notified.
- (4) So long as an administration order is in force, a creditor whose name is included in the schedule to the order shall not, without the leave of the county court , be entitled to present, or join in, a bankruptcy petition against the debtor unless—
- (a) his name was so notified; and
- (b) the debt by virtue of which he presents, or joins in, the petition, exceeds £1500; and
- (c) the notice given under subsection (3) was received by the creditor within 28 days immediately preceding the day on which the petition is presented.
- (5) An administration order shall not be invalid by reason only that the total amount of the debts is found at any time to exceed the county court limit, but in that case the court may, if it thinks fit, set aside the order.
- (6) An administration order may provide for the payment of the debts of the debtor by instalments or otherwise, and either in full or to such extent as appears practicable to the court under the circumstances of the case, and subject to any conditions as to his future earnings or income which the court may think just.
- (7) The Secretary of State may by regulations increase or reduce the sum for the time being specified in subsection (4)(b); but no such increase in the sum so specified shall affect any case in which the bankruptcy petition was presented before the coming into force of the increase.
- (8) The power to make regulations under subsection (7) shall be exercisable by statutory instrument; and no such regulations shall be made unless a draft of them has been approved by resolution of each House of Parliament.
Issue and execution of orders of committal.
113
Where an administration order has been made—
- (a) notice of the order—
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ii) shall be posted on an appropriate website , and
- (iii) shall be sent to every person whose name the debtor has notified to the county court as being a creditor of his or who has proved;
- (b) any creditor of the debtor, on proof of his debt before the county court , shall be entitled to be scheduled as a creditor of the debtor for the amount of his proof;
- (c) any creditor may object in the prescribed manner to any debt scheduled, or to the manner in which payment is directed to be made by instalments;
- (d) any person who, after the date of the order, becomes a creditor of the debtor shall, on proof of his debt before the county court , be scheduled as a creditor of the debtor for the amount of his proof, but shall not be entitled to any dividend under the order until the creditors who are scheduled as having been creditors before the date of the order have been paid to the extent provided by the order.
114
- (1) Subject to sections 115 and 116, when an administration order is made, no creditor shall have any remedy against the person or property of the debtor in respect of any debt—
- (a) of which the debtor notified the county court before the administration order was made; or
- (b) which has been scheduled to the order,
except with the leave of the county court , and on such terms as that court may impose.
- (2) Subject to subsection (3), when an administration order is made, the county court is to stay any proceedings in the county court which are pending against the debtor in respect of any debt so notified or scheduled, ..., but may allow costs already incurred by the creditor, and such costs may, on application, be added to the debt.
- (3) The requirement to stay proceedings shall not operate as a requirement to stay any proceedings in bankruptcy which are pending against the debtor.
115
- (1) Where it appears to ... the county court at any time while an administration order is in force that property of the debtor exceeds in value the minimum amount, the court shall, at the request of any creditor, and without fee, issue execution against the debtor’s goods.
- (1A) In subsection (1) above “the minimum amount” means £50 or such other amount as the Lord Chancellor may by order specify instead of that amount or the amount for the time being specified in such an order; and an order under this subsection shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
- (2) Section 89 applies on an execution under this section as it applies on an execution under Part V.
116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
117
- (1) Money paid into court under an administration order shall be appropriated—
- (a) first in satisfaction of the costs of administration (which shall not exceed 10 pence in the pound on the total amount of the debts); and
- (b) then in liquidation of debts in accordance with the order.
- (2) Where the amount received is sufficient to pay—
- (a) each creditor scheduled to the order to the extent provided by the order;
- (b) the costs of the plaintiff in the action in respect of which the order was made; and
- (c) the cost of the administration,
the order shall be superseded, and the debtor shall be discharged from his debts to the scheduled creditors.
Part VII — Committals
Liability of bailiff for neglect to levy execution.
118
- (1) If any person—
- (a) wilfully insults a judge of the county court , or any juror or witness, or any officer of the court during his sitting or attendance in court, or in going to or returning from the court; or
- (b) wilfully interupts the proceedings of the county court or otherwise misbehaves in court;
any officer of the court, with or without the assistance of any other person, may, by order of the judge, take the offender into custody and detain him until the rising of the court, and the judge may, if he thinks fit,—
- (i) make an order committing the offender for a specified period not exceeding one month to . . . prison . . . ; or
- (ii) impose upon the offender, for every offence, a fine of an amount not exceeding £2, 500 or may both make such an order and impose such a fine.
- (2) A judge of the county court may at any time revoke an order committing a person to prison under this section and, if he is already in custody, order his discharge.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
119
- (1) Whenever any order or warrant for the committal of any person to prison is made or issued by the county court (whether in pursuance of this or any other Act or of rules of court), the order or warrant shall be directed to the officers of the court, who shall thereby by empowered to take the body of the person against whom the order is made or warrant issued.
- (2) It shall be the duty of every constable within his jurisdiction to assist in the execution of every such order or warrant.
- (3) The govenor of the prison mentioned in any such order or warrant shall be bound to receive and keep the person mentioned in it until he is lawfully discharged.
120
Any person committed to prison by the ... county court, in pursuance of this or any other Act or of rules of court, shall be committed to such prison as may from time to time be directed in the case of that court by order of the Secretary of State.
121
- (1) If at any time it appears to the satisfaction of ... the county court that any debtor arrested or confined in prison by order of the court is unable from any cause to pay any sum recovered against him (whether by way of satisfaction of a claim or counterclaim or by way of costs or otherwise), or any instalment thereof, and ought to be discharged, the court may order his discharge upon such terms (including liability to re-arrest if the terms are not complied with) as the court thinks fit.
122
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VIII — Responsibility and Protection of Officers
Enforcement of fines.
123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
124
- (1) Where the county court issues a warrant of execution, control, possession or delivery and the person to whom it is directed loses the opportunity of executing it against goods, loses the opportunity of levying the execution by reason of neglect, connivance or omission, any party aggrieved thereby may complain to the court.
- (2) On any such complaint the court , if the neglect, connivance or omission is proved to his satisfaction, shall order that person to pay such damages as it appears that the complainant has sustained by reason of it, not exceeding in any case the sum for which the warrant was issued.
125
- (1) No officer of the county court in executing any warrant of the court, and no person at whose instance any such warrant is executed, shall be deemed a trespasser by reason of any irregularity or informality—
- (a) in any proceeding on the validity of which the warrant depends; or
- (b) in the form of the warrant or in the mode of executing it;
but, except in the case of a warrant of control (to which Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 applies), any person aggrieved may bring an action for any special damage sustained by him by reason of the irregularity or informality against the person guilty of it.
- (2) No costs shall be recovered in such an action unless the damages awarded exceed £2.
126
- (1) No action shall be commenced against any bailiff for anything done in obedience to a warrant issued by the county court , unless—
- (a) a demand for inspection of the warrant and for a copy of it is made or left at the office of the bailiff by the party intending to bring the action, or his legal representativeor agent; and
- (b) the bailiff refuses or neglects to comply with the demand within six days after it is made.
- (2) The demand must be in writing and signed by the person making it.
- (3) If an action is commenced against a bailiff in a case where such a demand has been made and not complied with, judgment shall be given for the bailiff if the warrant is produced or proved at the trial, notwithstanding any defect of jurisdiction or other irregularity in the warrant; ...
- (4) In this section“bailiff” in relation to a warrant means the person to whom the warrant is directed, and (except in paragraph (a) of subsection (1)) ......... includes any person acting by the order and in aid of that person.
- (5) This section does not apply to an action for anything done under a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.
127
In any action commenced against a person for anything done in pursuance of this Act, the production of the warrant of the county court shall be deemed sufficient proof of the authority of the court previous to the issue of the warrant.
Part IX — Miscellaneous and General
Financial Provisions
Enforcement of fines.
128
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
129
Payment of any fine imposed by the county court under this Act may be enforced upon the order of the court in like manner—
- (a) as payment of a debt adjudged by the court to be paid may be enforced under this Act; or
- (b) as payment of a sum adjudged to be paid by a conviction of a magistrates’ court may be enforced under the Magistrates’ Courts Act 1980 (disregarding section 81(1) of that Act).
130
- (1) Subject to subsection (2), all fees, forfeitures and fines payable under this Act and any penalty payable to an officer of the county court under any other Act shall be paid to officers designated by the Lord Chancellor and dealt with by them in such manner as the Lord Chancellor, after consultation with the Treasury, may direct.
- (2) Subsection (1) does not apply to fines imposed on summary conviction or to so much of a fine as is applicable under section 55(4) to indemnify a party injured.
- (3) The Lord Chancellor, with the concurrence of the Treasury, shall from time to time make such rules as he thinks fit for securing the balances and other sums of money in the hands of any officers of the county court , and for the due accounting for and application of those balances and sums.
131
The Lord Chancellor may, subject to the consent of the Treasury as to numbers and salaries, appoint as officers in his department such auditors and other officers as he may consider necessary for the purpose of controlling the accounts of the family court or the county court .
132
There shall be paid out of money provided by Parliament—
- (a) all salaries, remuneration and other sums payable under Part I of this Act or under section 131.
- (b) the expenses of supplying the the county court and its offices , and the family court and its offices, with law and office books and stationery and postage stamps;
- (c) expenses incurred in conveying to prison persons committed by the family court or the county court ; and
- (d) all other expenses arising out of any jurisdiction for the time being conferred on the family court or any officer of the family court or on the county court or any officer of the county court.
Summonses and other documents
133
- (1) Where any summons or other process issued from the county court is served by an officer of the court , the service may be proved by a certificate in a prescribed form . . . showing the fact and mode of the service.
- (2) Any officer of the court wilfully and corruptly giving a false certificate under subsection (1) in respect of the service of a summons or other process shall be guilty of an offence and, on conviction thereof, shall be removed from office and shall be liable—
- (a) on conviction on indictment, to imprisonment for any term not exceeding 2 years; or
- (b) on summary conviction, to imprisonment for any term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both such imprisonment and fine.
134
135
Any person who—
- (a) delivers or causes to be delivered to any other person any paper falsely purporting to be a copy of any summons or other process of the county court , knowing it to be false; or
- (b) acts or professes to act under any false colour or pretence of the process or authority of the county court ;
shall be guilty of an offence and shall for each offence be liable on conviction on indictment to imprisonment for a term not exceeding 7 years.
136
- (1) It shall not be lawful to deliver or cause to be delivered to any person any document which was not issued under the authority of the county court but which, by reason of its form or contents or both, has the appearance of having been issued under such authority.
- (2) If any person contravenes this section, he shall for each offence be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.
- (3) Nothing in this section shall be taken to prejudice section 135.
137
- (1) Every lessee to whom there is delivered any summons issued from the county court for the recovery of land demised to or held by him, or to whose knowledge any such summons comes, shall forthwith give notice of the summons to his lessor or his bailiff or receiver.
- (2) If a lessee fails to give notice as required by subsection (1), he shall be liable to forfeit to the person of whom he holds the land an amount equal to the value of 3 years’ improved or rack rent of the land to be recovered by action in the county court or any other court having jurisdiction in respect of claims for such an amount.
Forfeiture for non-payment of rent
138
- (1) This section has effect where a lessor is proceeding by action in the county court (being an action in which the county court has jurisdiction) to enforce against a lessee a right of re-entry or forfeiture in respect of any land for non-payment of rent.
- (2) If the lessee pays into court or to the lessor not less than 5 clear days before the return day all the rent in arrear and the costs of the action, the action shall cease, and the lessee shall hold the land according to the lease without any new lease.
- (3) If—
- (a) the action does not cease under subsection (2); and
- (b) the court at the trial is satisfied that the lessor is entitled to enforce the right of re-entry or forfeiture,
the court shall order possession of the land to be given to the lessor at the expiration of such period, not being less than 4 weeks from the date of the order, as the court thinks fit, unless within that period the lessee pays into court or to the lessor all the rent in arrear and the costs of the action.
- (4) The court may extend the period specified under subsection (3) at any time before possession of the land is recovered in pursuance of the order under that subsection.
- (5) ... if—
- (a) within the period specified in the order; or
- (b) within that period as extended under subsection (4),
the lessee pays into court or to the lessor—
- (i) all the rent in arrear; and
- (ii) the costs of the action,
he shall hold the land according to the lease without any new lease.
- (6) Subsection (2) shall not apply where the lessor is proceeding in the same action to enforce a right of re-entry or forfeiture on any other ground as well as for non-payment of rent, or to enforce any other claim as well as the right of re-entry or forfeiture and the claim for arrears of rent.
- (7) If the lessee does not—
- (a) within the period specified in the order; or
- (b) within that period as extended under subsection (4),
pay into court or to the lessor—
- (i) all the rent in arrear; and
- (ii) the costs of the action,
the order shall be enforceable in the prescribed manner and so long as the order remains unreversed the lessee shall , subject to subsection (8) and (9A), be barred from all relief.
- (8) The extension under subsection (4) of a period fixed by a court shall not be treated as relief from which the lessee is barred by subsection (7) if he fails to pay into court or to the lessor all the rent in arrear and the costs of the action within that period.
- (9) Where the court extends a period under subsection (4) at a time when—
- (a) that period has expired; and
- (b) a warrant has been issued for the possession of the land,
the court shall suspend the warrant for the extended period; and, if, before the expiration of the extended period, the lessee pays into court or to the lessor all the rent in arrear and all the costs of the action, the court shall cancel the warrant.
- (9A) Where the lessor recovers possession of the land at any time after the making of the order under subsection (3) (whether as a result of the enforcement of the order or otherwise) the lessee may, at any time within six months from the date on which the lessor recovers possession, apply to the court for relief; and on any such application the court may, if it thinks fit, grant to the lessee such relief, subject to such terms and conditions, as it thinks fit.
- (9B) Where the lessee is granted relief on an application under subsection (9A) he shall hold the land according to the lease without any new lease.
- (9C) An application under subsection (9A) may be made by a person with an interest under a lease of the land derived (whether immediately or otherwise) from the lessee’s interest therein in like manner as if he were the lessee; and on any such application the court may make an order which (subject to such terms and conditions as the court thinks fit) vests the land in such a person, as lessee of the lessor, for the remainder of the term of the lease under which he has any such interest as aforesaid, or for any lesser term.
In this subsection any reference to the land includes a reference to a part of the land.
- (10) Nothing in this section or section 139 shall be taken to affect—
- (a) the power of the court to make any order which it would otherwise have power to make as respects a right of re-entry of forfeiture on any ground other than non-payment of rent; or
- (b) section 146(4) of the Law of Property Act 1925 (relief against forfeiture).
139
- (1) In a case where section 138 has effect, if—
- (a) one-half-year’s rent is in arrear at the time of the commencement of the action; and
- (b) the lessor has a right to re-enter for non-payment of that rent; and
- (c) the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) is exercisable to recover the arrears; and
- (d) there are not sufficient goods on the premises to recover the arrears by that power,
the service of the summons in the action in the prescribed manner shall stand in lieu of a demand and re-entry.
- (2) Where a lessor has enforced against a lessee, by re-entry without action, a right of re-entry or forfeiture as respects any land for non-payment of rent, the lessee may . . .at any time within six months from the date on which the lessor re-entered apply to the county court for relief, and on any such application the court may, if it thinks fit, grant to the lessee such relief as the High Court could have granted.
- (3) Subsections (9B) and (9C) of section 138 shall have effect in relation to an application under subsection (2) of this section as they have effect in relation to an application under subsection (9A) of that section.
140
For the purposes of sections 138 and 139—
- “lease” includes—
- (a) an original or derivative under-lease;
- (b) an agreement for a lease where the lessee has become entitled to have his lease granted; and
- (c) a grant at a fee farm rent, or under a grant securing a rent by condition;
- “lessee” includes—
- (a) an original or derivative under-lessee;
- (b) the persons deriving title under a lessee;
- (c) a grantee under a grant at a fee farm rent, or under a grant securing a rent by condition; and
- (d) the persons deriving title under such a grantee;
- “lessor” includes—
- (a) an original or derivative under-lessor;
- (b) the persons deriving title under a lessor;
- (c) a person making a grant at a fee farm rent, or a grant securing a rent by condition; and
- (d) the persons deriving title under such a grantor;
- “under-lease” includes an agreement for an under-lease where the under-lessee has become entitled to have his under-lease granted; and
- “under-lessee” includes any person deriving title under an under-lesse.
Solicitors
141
142
The county court shall have the same power to enforce an undertaking given by a solicitor in relation to any proceedings in that court as the High Court has to enforce an undertaking so given in relation to any proceedings in the High Court.
143
- (1) No person other than —
- (a) a legal representative; or
- (b) a person exercising a right of audience or a right to conduct litigation by virtue of an order made under section 11 of the Courts and Legal Services Act 1990 (representation in county courts),
shall be entitled to have or recover any fee or reward for acting on behalf of a party in proceedings in the county court .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Replevin
144
Schedule 1 to this Act shall have effect.
Power to raise monetary limits
145
- (1) If it appears to Her Majesty in Council—
- (a) that the county court limit for the purposes of any enactment referring to that limit, or
- (b) that the higher limit or the lower limit referred to in section 20 of this Act,
should be increased, Her Majesty may by Order in Council direct that the limit in question shall be such amount as may be specified in the Order.
- (2) An Order under subsection (1) may contain such incidental or transitional provisions as Her Majesty considers appropriate.
- (2A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (1).
- (3) No recommendation shall be made to Her Majesty in Council to make an Order under this section unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
General
Amendments of other Acts, transitory provisions, transitional provisions savings and repeals.
146
When the Great Seal is in commission, the Lords Commissioners shall represent the Lord Chancellor for the purposes of this Act; but the powers vested in him by this Act in relation to the Appointment of officers may be exercised by the senior Lord Commissioner for the time being.
147
- (1) In this Act, unless the context otherwise requires—
- “action” means any proceedings in the county court which may be commenced as prescribed by plaint;
- ...
- “Admiralty proceedings” means proceedings which, if commenced in the High Court, would involve the exercise of the High Court's Admiralty jurisdiction;
- ...
- “the county court limit” means—in relation to any enactment contained in this Act for which a limit is for the time being specified by an Order under section 145, that limit,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in relation to any enactment contained in this Act and not within paragraph (a) . . ., the county court limit for the time being specified by any other Order In Council or order defining the limit of county court jurisdiction for the purposes of that enactment;
- . . .
- “court” means the county court;
- “ deposit-taking institution ” means a person who may, in the course of his business, lawfully accept deposits in the United Kingdom;
- ...
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “hearing” includes trial, and “Hear” and “Heard” shall be construed accordingly;
- “hereditament” includes both a corporeal and an incorporeal hereditament;
- ...
- “judgment summons” means a summons issued on the application of a person entitled to enforce a judgment or order under section 5 of the Debtors Act 1869 requiring a person, or where two or more persons are liable under the judgment or order, requiring any one or more of them, to attend court;
- “landlord”, in relation to any land, means the person entitled to the immediate reversion or, if the property therein is held in joint tenancy, any of the persons entitled to the immediate reversion;
- “ legal representative ”means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “matter” means every proceeding in the county court which may be commenced as prescribed otherwise than by plaint;
- “officer”, in relation to the county court, means any clerk, bailiff, usher or messenger in the service of that court;
- ...
- “party” includes every person served with notice of, or attending, any proceeding, whether named as a party to that proceeding or not;
- “prescribed” means prescribed by rules of court;
- ...
- ...“proceedings” includes both actions and matters;
- ...
- “return day” means the day appointed in any summons or proceeding for the appearance of the defendant or any other day fixed for the hearing of any proceedings;
- . . .
- “ship” includes any description of vessel used in navigation;
- “solicitor” means solicitor of the Senior Courts;
- . . .
- . . .
- (1A) The definition of “deposit-taking institution” in subsection (1) must be read with—
- (a) section 22 of the Financial Services and Markets Act 2000;
- (b) any relevant order under that section; and
- (c) Schedule 2 to that Act.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent.
148
- (1) The enactments specified in Schedule 2 shall have effect subject to the amendments there specified.
- (2) This Act shall have effect subject to the transitory provisions and transitional provisions and savings contained in Schedule 3.
- (3) The enactments specified in Schedule 4 are hereby repealed to the extent specified in the third column of that Schedule.
149
- (1) Section 148(1) and Schedule 2 extend to Scotland so far as they amend enactments extending to Scotland.
- (2) Section 148(1) and Schedule 2 extend to Northern Ireland so far as they amend enactments extending to Northern Ireland.
- (3) Subject to subsections (1) and (2), this Act extends to England and Wales only.
150
This Act shall come into force on 1st August 1984.
151
This Act may be cited as the County Courts Act 1984.
SCHEDULE 1
1
- (1) The sheriff shall have no power or responsibility with respect to replevin bonds or replevins.
- (2) Where any goods subject to replevin are taken, the county court shall have power, subject to the provisions of this Schedule, to approve of replevin bonds and to grant replevins and to issue all necessary process in relation to them, and any such process shall be executed by an officer of the court.
- (3) The court shall, at the instance of the party whose goods have been seized, cause the goods to be replevied to that party on his giving such security as is provided in this Schedule.
2
- (1) It shall be a condition of any security given under paragraph 1 that the replevisor will—
- (a) commence an action of replevin against the seizor in the High Court within one week from the date when the security is given; or
- (b) commence such an action in the county court within one month from that date.
- (2) In either case—
- (a) the replevisor shall give security, to be approved by the county court, for such an amount as the court thinks sufficient to cover both the probable costs of the action and either—
- (i) the alleged rent or damage in respect of which the distress has been made; or
- (ii) in a case where the goods replevied have been seized otherwise than under colour of distress, the value of the goods; and
- (b) it shall be a further condition of the security that the replevisor will—
- (i) prosecute the action with effect and without delay; and
- (ii) make a return of the goods, if a return of them is ordered in the action.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2
Part I
Trustee Act 1925 (c. 19)
1
The following section shall be inserted after section 63 of the Trustee Act 1925—
(63A) (1) The county court has jurisdiction under the following provisions where the amount or value of the trust estate or fund to be dealt with in the court does not exceed the county court limit— - section 41; - section 42; - section 51; - section 57; - section 60; - section 61; - section 62. (2) The county court has jurisdiction under the following provisions where the land or the interest or contingent right in land which is to be dealt with in the court forms part of a trust estate which does not exceed in amount or value the county court limit— - section 44; - section 45; - section 46. (3) The county court has jurisdiction— (a) under sections 47 and 48 of this Act, where the judgment is given or order is made by the court; (b) under sections 50 and 56, where a vesting order can be made by the court; (c) under section 53, where the amount or value of the property to be dealt with in the court does not exceed the county court limit; and (d) under section 63 (including power to receive payment of money or securities into court) where the money or securities to be paid into court do not exceed in amount or value the county court limit. (4) Any reference to the court in section 59 of this Act includes a reference to the county court. (5) In this section, in its application to any enactment, ”the county court limit’ means the amount for the time being specified by an Order in Council under section 145 of the County Courts Act 1984 as the county court limit for the purposes of that enactment (or, where no such Order in Council has been made, the corresponding limit specified by Order in Council under section 192 of the County Courts Act 1959).
Part II
Law of Property Act 1925 (c. 20)
2
- (1) At the end of the following sections of the Law of Property Act 1925—
- section 3 (creation and transfer of legal estates in land);
- . . .
- section 49 (application to the court by vendor and purchaser);
- section 66 (confirmation of past transactions),
there shall be added the following subsection—
(0) The county court has jurisdiction under this section where the land which is to be dealt with in the court does not exceed the county court limit in capital value or net annual value for rating.
.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The subsection inserted by sub-paragraph (1)
shall be section 3(7), . . . 49(4) and 66(4).
3
- (1) At the end of the following sections of that Act—
- section 89 (realisation of leasehold mortgages)
- section 90 (realisation of equitable charges by the court)
- section 91 (sale of mortgaged property in action for redemption or foreclosure)
- section 92 (power to authorise land and minerals to be dealt with separately)
there shall be added the following subsection—
(0) The county court has jurisdiction under this section where the amount owing in respect of the mortgage or charge at the commencement of the proceedings does not exceed the county court limit.
- (2) Section 92 of that Act shall be renumbered so as to become subsection (1) of that section.
- (3) The subsection inserted by sub-paragraph (1) shall be section 89(7), 90(3), 91(8) and 92(2).
4
The following subsection shall be added at the end of section 136 of that Act (legal assignments of things in action)—
(3) The county court has jurisdiction (including power to receive payment of money or securities into court) under the proviso to subsection (1) of this section where the amount or value of the debt or thing in action does not exceed the county court limit.
.
5
The following subsection shall be added at the end of section 146 of that Act (restriction on and relief against forfeiture of leases and underleases)—
(13) The county court has jurisdiction under this section— (a) in any case where the lessor is proceeding by action in court to enforce the right of entry or forfeiture; and (b) where the lessor is proceeding to enforce the said right otherwise than by action, in a case where the net annual value for rating of the property comprised in the lease does not exceed the county court limit.
.
6
The following subsection shall be added at the end of section 147 of that Act (relief against notice to effect decorative repairs)—
(5) The county court has jurisdiction under this section where the net annual value for rating of the house or other building does not exceed the county court limit.
.
7
- (1) Section 181 of that Act (dissolution of a corporation) shall be renumbered so as to become subsection (1) of that section.
- (2) The following subsection shall be added after the resulting subsection (1)—
(2) The county court has jurisdiction under this section where the amount or value of the property or of the interest in the property which is to be dealt with in the court does not exceed the county court limit.
.
8
- (1) Section 188 of that Act (power to direct division of chattels) shall be renumbered so as to become subsection (1) of that section.
- (2) The following subsection shall be added after the resulting subsection (1)—
(2) The county court has jurisdiction under this section where the amount or value of the property or of the interest in the property which is to be dealt with in the court does not exceed the county court limit.
9
The following paragraph shall be inserted after section 205(1)(iii) of that Act (definitions)—
(iiiA) “the county court limit”, in relation to any enactment contained in this Act, means the amount for the time being specified by an Order in Council under section 145 of the County Courts Act 1984 as the county court limit for the purposes of that enactment (or, where no such Order in Council has been made, the corresponding limit specified by Order in Council under section 192 of the County Courts Act 1959);
10
In Schedule 1 to that Act (transitional provisions)—
- (a) in Part III, the following paragraph shall be inserted after paragraph 3—
(3A) The county court has jurisdiction under proviso (iii) to paragraph 3 of this Part where the land which is to be dealt with in the court does not exceed the county court limit in capital value or in net annual value for rating.
; and
- (b) in Part IV—
- (i) after paragraph 1(3) the following sub-paragraph shall be inserted—
(3A) The county court has jurisdiction under proviso (v) to sub-paragraph (3) of this paragraph where the land to be dealt with in the court does not exceed the county court limit in capital value or in net annual value for rating.
- (ii) after paragraph 1(4) the following paragraph shall be inserted—
(4A) The county court court has jurisdiction under provisos (iii) and (iv) to sub-paragraph (4) of this paragraph where the land which is to be dealt with in the court does not exceed the county court limit in capital value or in net annual value for rating.
Part III
Administration of Estates Act 1925 (c. 23)
11
- (1) Section 17 of the Administration of Estates Act 1925 (continuance of legal proceedings after revocation of temporary administration) shall be re-numbered so as to become subsection (1) of that section.
- (2) The following subsection shall be added after the resulting subsection (1)—
(2) The county court has jurisdiction under this section where the proceedings are pending in that court.
12
The following subsection shall be added at the end of section 38 of that Act (right to follow property and powers of the court in relation thereto)—
(4) The county court has jurisdiction under this section where the estate in respect of which the application is made does not exceed in amount or value the county court limit.
13
The following subsection shall be inserted after subsection (1) of section 41 of that Act (appropriation)—
(1A) The county court has jurisdiction under proviso (ii) to subsection (1) of this section where the estate in respect of which the application is made does not exceed in amount or value the county court limit.
14
The following subsection shall be added at the end of section 43 of that Act (claims against personal representatives)—
(4) The county court has jurisdiction under this section where the estate in respect of which the application is made does not exceed in amount or value the county court limit.
15
The following paragraph shall be inserted after paragraph 1(iii) of section 55 of that Act (definitions)—
(iiiA) “the County Court limit”, in relation to any enactment contained in this Act, means the amount for the time being specified by an Order in Council under section 145 of the County Courts Act 1984 as the county court limit for the purposes of that enactment (or, where no such Order in Council has been made, the corresponding limit specified by Order in Council under section 192 of the County Courts Act 1959);
Part IV
Land Charges Act 1972 (c. 61)
16
The following subsections shall be inserted after section 1(6) of the Lands Charges Act 1972 (by virtue of which registration under that Act may be vacated pursuant to an order of the court)—
(6A) The county court has 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 the county court limit; (b) in the case of a land charge of Class C(iii), if it is for a specified capital sum of money not exceeding the county court limit or, where it is not for a specified capital sum, if the land affected does not exceed the county court limit in capital value or in net annual value for rating; (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 land affected does not exceed the county court limit in capital value or in net annual value for rating; (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. (6B) A reference to the county court limit in a paragraph of subsection (6A) above is a reference to the amount for the time being specified by an Order in Council under section 145 of the County Courts Act 1984 as the county court limit for the purpose of that paragraph (or, where no such Order in Council has been made, the corresponding limit specified by Order in Council under section 192 of the County courts Act 1959).
17
The following subsection shall be added at the end of section 5 of that Act (the register of pending actions)—
(11) The county court has jurisdiction under subsection (10) of this section where the action was brought or the petition in bankruptcy was filed in that court.
18
In subsection (4) of section 6 of that Act (the register of writs and orders affecting land) for the words “section 142(3) of the County Courts Act 1959” there shall be substituted the words “section 107(3) of the County Courts Act 1984”.
Part V — Miscellaneous Amendments
19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Settled Land Act 1925 (c. 18)
20
In section 113 of the Settled Land Act 1925 (jurisdiction and procedure)—
- (a) for subsection (3) there shall be substituted the following—
(3) The powers of the court may, as regards land not exceeding in capital value the county court limit, or in net annual value for rating the county court limit, and, as regards capital money arising under this Act, and securities in which the same is invested, not exceeding in amount or value the county court limit, and as regards personal chattels settled or to be settled, as in this Act mentioned, not exceeding the county court limit, be exercised by any county court. Section 147(2) and (3) of the County Courts Act 1984 (construction of references to net annual value for rating) shall apply for the purposes of this subsection as it applies for the purposes of that Act.
- (b) in subsection (3A) for the words “section 192 of the County Courts Act 1959” there shall be substituted the words “section 145 of the County Courts Act 1984”.
Crown Proceedings Act 1947 (c. 44)
21
In subsection (3) of section 24 of the Crown Proceedings Act 1947 (interest on debts, damages and costs) for the words “section 97A of the County Courts Act 1959” there shall be substituted the words “section 69 of the County Courts Act 1984”.
Arbitration Act 1950 (c. 27)
22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Landlord and Tenant Act 1954 (c. 56)
23
In section 53(1) of the Landlord and Tenant Act 1954 (jurisdiction of county court where lessor refuses licence or consent) for the words from “the like jurisdiction” to “1959” there shall be substituted the words “the like jurisdiction whatever the net annual value for rating of the demised property is to be taken to be for the purposes of the County Courts Act 1984”.
Mental Health (Scotland) Act 1960 (c. 61)
24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration of Justice Act 1960 (c. 65)
25
In subsection (5) of section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court)—
- (a) in paragraph (b) for the words from “section”, in the first place where it occurs, to “1959” there shall be substituted the words “section 14, 92 or 118 of the County Courts Act 1984”;
- (b) for “1959” in the second place where it occurs, there shall be substituted “1984”;
- (c) for the words “sections seventy-four and one hundred and ninety-five” there shall be substituted the words “sections 38 and 142”.
26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Industrial and Provident Societies Act 1965 (c. 12)
29
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hire-Purchase Act 1965 (c. 66)
30
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Leasehold Reform Act 1967 (c. 88)
31
In subsection (4) of section 21 of the Leasehold Reform Act 1967 (jurisdiction of Land Tribunal) for the words “section 102 of the County Courts Act 1959” there shall be substituted the words “section 75 of the County Courts Act 1984”.
Hovercraft Act 1968 (c. 59)
32
In subsection (1) of section 2 of the Hovercraft Act 1968 (Admiralty jurisdiction etc.) for the words “sections 56, 57, 60, 61 and 70(6) of the County Courts Act 1959” there shall be substituted the words “sections 27 to 29, 30(1) and 31 of the County Courts Act 1984”.
Civil Evidence Act 1968 (c. 64)
33
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mines and Quarries (Tips) Act 1969 (c. 10)
35
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Taxes Management Act 1970 (c. 9)
36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration of Justice Act 1970 (c. 31)
38
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Courts Act 1971 (c. 23)
39
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attachment of Earnings Act 1971 (c. 32)
40
In section 4 of the Attachment of Earnings Act 1971 (extension of power to make administration order)—
- (a) in subsection (2), for the words “for the time being specified in section 148(1)(b) of the County Courts Act 1959” there shall be substituted the words “which for the time being is the county court limit for the purposes of section 112 of the County Courts Act 1984”;
- (b) the following subsection shall be substituted for the second paragraph of that subsection—
(2A) Subsection (2) above is subject to section 112(3) and (4) of the County Courts Act 1984 (which require that, before an administration order is made, notice is to be given to all the creditors and therafter restricts the right of any creditor to institute bankruptcy proceedings).
.; and
- (c) in subsection (4) for the words “section 148 of the County Courts Act 1959” there shall be substituted the words “section 112 of the County Courts Act 1984”.
41
In subsection (8) of section 23 of that Act (enforcement provisions) for the words “section 179 of the County Courts Act 1959” there shall be substituted the words “section 129 of the County Courts Act 1984”.
42
In section 25 of that Act (general interpretation), in the definition of “administration order” in subsection (1), for the words “Part VII of the County Courts Act 1959” there shall be substituted the words “Part VI of the County Courts Act 1984”.
Civil Evidence Act 1972 (c. 30)
43
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Matrimonial Causes Act 1973 (c. 18)
44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legal Aid Act 1974 (c. 4)
45
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consumer Credit Act 1974 (c. 39)
47
In subsection (5A) of section 139 of the Consumer Credit Act 1974 (re-opening of extortionate agreements) for the words “section 192 of the County Courts Act 1959” there shall be substituted the words “section 145 of the County Courts Act 1984”.
Friendly Societies Act 1974 (c. 46)
48
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Solicitors Act 1974 (c. 47)
49
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
House of Commons Disqualification Act 1975 (c. 24)
51
In Part III of Schedule 1 of the House of Commons Disqualification Act 1975 (disqualifying offices) for the entry beginning “Registrar or Assistant Registrar appointed under section 18” there shall be substituted the following—
Registrar or Assistant Registrar appointed under section 6 or section 7 of the County Courts Act 1984
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
52
In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act (disqualifying offices) for the entry beginning “Registrar or Assistant Registrar appointed under section 18” there shall be substituted the following—
Registrar or Assistant Registrar appointed under section 6 or section 7 of the County Courts Act 1984
Evidence (Proceedings in other Jurisdictions) Act 1975 (c. 34)
53
In subsection (2) of section 9 of the Evidence (Proceedings in other Jurisdictions) Act 1975 (interpretation) for the words “section 85 of the County Courts Act 1959” there shall be substituted the words “section 56 of the County Courts Act 1984”.
Sex Discrimination Act 1975 (c. 65)
54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
55
In subsection (6) of section 66 of that Act (claims under Part III)—
- (a) in paragraph (a), for the words “section 91(1) (power of judge to appoint assessors) of the County Courts Act 1959” there shall be substituted the words “section 63(1) (assessors) of the County Courts Act 1984”; and
- (b) in paragraph (b), for “91(1)” there shall be substituted “63(1)”.
Children Act 1975 (c. 72)
56
In subsection (2)(c) of section 100 of the Children Act 1975 (courts) for the words “section 102 of the County Courts Act 1959” there shall be substituted the words “section 75 of the County Courts Act 1984”.
Local Land Charges Act 1975 (c. 76)
57
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adoption Act 1976 (c. 36)
58
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Insolvency Act 1976 (c. 60)
59
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Race Relations Act 1976 (c. 74)
61
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rent (Agriculture) Act 1976 (c. 80)
62
In subsection (2) of section 8 of the Rent (Agriculture, Act 1976 (restriction on levy of distress for rent) for the words “section 137 of the County Courts Act 1959” there shall be substituted the words “section 102 of the County Courts Act 1984”.
Rentcharges Act 1977 (c. 30)
63
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Torts (Interference with Goods) Act 1977 (c. 32)
64
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65
In subsection (3) of section 9 of that Act (concurrent actions) for the words “the County Courts Act 1959” there shall be substituted the words “the County Courts Act 1984”.
66
In subsection (1) of section 14 of that Act (interpretation), in the definition of “county court limit”, for the words “current limit on jurisdiction in section 39 of the County Courts Act 1959” there shall be substituted the words “amount which for the time being is the county court limit for the purposes of section 15 of the County Courts Act 1984.”.
Rent Act 1977 (c. 42)
67
In subsection (2) of section 147 of the Rent Act 1977 (restriction on levy of distress for rent) for the words “section 137 of the County Courts Act 1959” there shall be substituted the words “section 102 of the County Courts Act 1984”.
Interpretation Act 1978 (c. 30)
68
In Schedule 1 to the Interpretation Act 1978 (definitions) in paragraph (a) of the definition of “County court”, for the words “the County Courts Act 1959” there shall be substituted the words “the County Courts Act 1984”.
Merchant Shipping Act 1979 (c. 39)
69
In paragraph (b) of subsection (3) of section 22 of the Merchant Shipping Act 1979 (power to amend enactments passed before that Act) after the words “provisions” there shall be inserted the words “of the County Courts Act 1984 and”.
Arbitration Act 1979 (c. 42)
70
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Charging Orders Act 1979 (c. 53)
71
In subsection (2) of section 1 of the Charging Orders Act 1979 (charging orders) for the words “section 192 of the County Courts Act 1959” there shall be substituted the words “section 145 of the County Courts Act 1984”.
72
In subsection (3) of section 5 of that Act (stop orders and notices) for the words “section 102 of the County Courts Act 1959” there shall be substituted the words “section 75 of the County Courts Act 1984”.
Magistrates’ Courts Act 1980 (c. 43)
73
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judical Pensions Act 1981 (c. 20)
75
In subsection (2) of section 34 of the Judical Pensions Act 1981 (county court registrars and assistant registrars) for the words “section 22 of the County Courts Act 1959” there shall be substituted the words “section 10 of the County Courts Act 1984”.
Contempt of Court Act 1981 (c. 49)
76
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Senior Courts Act 1981(c. 54)
77
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration of Justice Act 1982 (c. 53)
78
In Part IV of Schedule 3 to the Administration of Justice Act 1982 in paragraph 8(1) (which makes provision as to sums recoverable under section 59 of the Highways Act 1980) for the words “section 40 of the County Courts Act 1959” there shall be substituted the words “section 16 of the County Courts Act 1984”.
SCHEDULE 3
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration Orders
4
- (1) Any reference in Part VI of this Act to an administration order includes a reference to an administration order made under an enactment repealed by this Act.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
County court
5
References in any enactment or document to a county court constituted under the County Courts Act 1888 or the County Courts Act 1934 or the County Courts Act 1959 shall be construed as references to a county court constituted under this Act and anything done or proceedings taken in respect of any action or matter whatsoever before the commencement of this Act in a county court under any of the enactments mentioned above shall be deemed to have been done or taken in a county court constituted under this Act.
Former enactments
6
Any document referring to any former enactment relating to county courts shall be construed as referring to the corresponding enactment in this Act. In this paragraph “former enactment relating to county courts” means any enactment repealed by the County Courts Act 1959, by the County Courts Act 1934 or by the County Courts Act 1888.
High bailiffs
7
References to a high bailiff in any enactment, Order in Council, order, rule, regulation or any document whatsoever shall be construed as a reference to a judge of the county court .
Periods of time
8
Where a period of time specified in an enactment repealed by this Act is current at the coming into force of this Act, this Act shall have effect as if the corresponding provision of it had been in force when that period began to run.
Offences
9
Nothing in this Act renders a person liable to punishment by way of fine or imprisonment for an offence committed before the coming into force of this Act which differs from the punishment to which he would have been liable if this Act had not been passed.
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
11
Without prejudice to any express amendment made by this Act, a reference in an enactment or other document, whether express or implied, to an enactment repealed by this Act shall, unless the context otherwise requires, be construed as, or as including, a reference to this Act or to the corresponding provisions of this Act.
12
Nothing in this Schedule shall be taken as prejudicing the operation of the provisions of the Interpretation Act 1978 as respects the effect of repeals.
SCHEDULE 4
SCHEDULE
Editorial notes
[^c4401481]: A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.
[^c4401491]: Power to modify or exclude conferred by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 40(4)
[^c4401501]: Act wholly in force on 1. 8. 1984, see s. 150.
[^c4401521]: By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references to youth courts in any enactment amended by that 1991 Act shall be construed as references to juvenile courts
[^c4401561]: S. 3(3) omitted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(5); S.I. 1997/841, art. 3(b), 4(e)
[^c20592091]: S. 3(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 162(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
[^c20592801]: S. 6 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 14, 148(1), Sch. 3 para. 1; S.I. 2006/1014, art. 2(a), Sch. 1 para. 9
[^c4401831]: S. 7 repealed (31.3.1995) by 1993 c. 8, s. 31(3)(4), Sch. 8 para. 17(a), Sch.9; S.I. 1995/631, art.2
[^c4401911]: Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF37), S. 125(3), Sch. 18 para. 42
[^c4401921]: Ss. 6-9 , 11, 12, amended by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42 which provides that: "(a) for the word "registrar" in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted " district judge"; (b) for the words "assistant district judge"; and (c) for the words "deputy county court registrar" and "deputy registrar" in each place where they occur there shall be substituted "deputy district judge".
[^c4401931]: S. 8 restricted (31.3.1995) by 1993 c. 8, s. 26(7)(g) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2
[^c20593941]: S. 8(1)-(1ZC) substituted (19.7.2007) for s. 8(1) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 56, 148(5), Sch. 11 para. 7(2) (with Sch. 11 para. 10)
[^c4401941]: S. 8(1A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 17(1) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2
[^c20593981]: S. 8(1B)-(1D) inserted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 56, 148(5), Sch. 11 para. 7(4) (with Sch. 11 para. 10)
[^c20594001]: S. 8(4) inserted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 56, 148(5), Sch. 11 para. 7(5) (with Sch. 11 para. 10)
[^c20595031]: Words in s. 9 heading inserted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 56, 148(5), Sch. 11 para. 8(b)
[^c4402011]: Ss. 6–9, 11, 12 amended by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42 which provides that: “(a)for the word “registrar” in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted “district judge”; (b)for the words “assistant registrar” in each place where they occur there shall be substituted “assistant district judge”; and(c)for the words “deputy county court registrar” and “deputy registrar” in each place where they occur there shall be substituted “deputy district judge”.”
[^c4402021]: Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42
[^c4402031]: Words in s. 9 repealed (31.3.1995) by 1993 c. 8, s. 31(3)(4), Sch. 8 para. 17(b), Sch.9; S.I. 1995/631, art.2
[^c20595011]: Words in s. 9 omitted (19.7.2007) by virtue of Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 56, 148(5), Sch. 11 para. 8(a)
[^c20595051]: Words in s. 9 substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50(6), 148(5), Sch. 10 para. 15; S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
[^c4402061]: S. 10 repealed by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20
[^c4402121]: Ss. 6–9, 11, 12 amended by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42 which provides that: “(a)for the word “registrar” in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted “district judge”; (b)for the words “assistant registrar” in each place where they occur there shall be substituted “assistant district judge”; and(c)for the words “deputy county court registrar” and “deputy registrar” in each place where they occur there shall be substituted “deputy district judge”.”
[^c4402131]: S. 11(1)(2) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 17(3) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2
[^c4402141]: S. 11(3) repealed and superseded (31.3.1995) by 1993 c. 8, ss. 26(4)-(6)(10), 31(4), Sch. 6 para. 17(4), Sch.9 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2
[^c20592361]: Words in s. 11(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 164(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
[^c20592391]: Words in s. 11(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 164(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
[^c4402161]: Ss. 6–9, 11, 12 amended by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42 which provides that: “(a)for the word “registrar” in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted “district judge”; (b)for the words “assistant registrar” in each place where they occur there shall be substituted “assistant district judge”; and(c)for the words “deputy county court registrar” and “deputy registrar” in each place where they occur there shall be substituted “deputy district judge”.”
[^c20592411]: S. 12(3)(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 165; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
[^c4402251]: Words in s. 13(1)(4) substituted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 49(2); S.I. 1991/608, art. 2, Sch.
[^c4402261]: S. 13(1)(2) amended (1.1.1992) by S.I. 1991/2684, arts. 2(2), 4, Sch.2
[^c4402331]: S. 14 restricted (1.9.1993) by S.I. 1993/2073, art.4(2).
[^c4402341]: Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I
[^c4402421]: S. 15 excluded by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 39(4) S. 15 extended by S.I. 1991/724, art. 2(1)(l)
[^c4402431]: Words in s. 15(1) repealed by S.I. 1991/724, art. 2(8), Sch. Pt. 1
[^c4402441]: S. 15(2)(a) repealed by S.I. 1991/724, art. 2(8), Sch. Pt. 1
[^c4402451]: Words in s. 15(2)(b) repealed by S.I. 1991/724, art. 2(8), Sch. Pt. 1
[^c4402461]: S. 15(3) repealed by S.I. 1991/724, art. 2(8), Sch. Pt. 1
[^c4402471]: S. 16 extended by S.I. 1991/724, art. 2(1)(l)
[^c4402481]: S. 16(b) and words in s. 16(a) repealed by S.I. 1991/724, art. 2(8), Schedule PartI
[^c4402521]: Words in s. 18 substituted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 49(3); S.I. 1991/608, art. 2, Sch.
[^c4402541]: S. 19 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1364, art. 2,Sch.
[^c4402561]: S. 20 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1364, art. 2, Sch.
[^c4402601]: Ss. 21, 22 amended by S.I. 1990/776, art. 4(1)(g)(2) S. 21 extended by S.I. 1991/724, art. 2(1)(l)
[^c4402611]: Words in s. 21(1) repealed by S.I. 1991/724, art. 2(8), Schedule PartI
[^c4402621]: Words in s. 21(2) and s. 21(2)(a)(b) repealed by S.I. 1991/724, art. 2(8) Schedule, PartI
[^c4402651]: S. 21(5)(6) repealed by S.I. 1991/724, art. 2(8), Schedule PartI
[^c4402671]: 1974 c. 39.
[^c4402701]: S. 22 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch.20; S.I. 1991/1364, art. 2,Sch.
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