The Crime and Courts Act 2013 (Consequential, Transitional and Saving Provisions) Order 2014

Made: 27th March 2014

Laid before Parliament: 31st March 2014

Coming into force: 22nd April 2014

The Lord Chancellor, in exercise of the powers conferred by sections 59 and 60 of the Crime and Courts Act 2013[^f00001], makes the following Order:

Citation and commencement

1

This Order may be cited as the Crime and Courts Act 2013 (Consequential, Transitional and Saving Provisions) Order 2014 and shall come into force on 22nd April 2014.

Revocation of the 1983 Order and amending orders

2

Subject to article 3—

• (a) the Civil Courts Order 1983[^f00002] (“the 1983 Order”); and

• (b) the orders specified in the Schedule to this Order, which amended the 1983 Order,

are revoked.

Transitional and saving provision

3

• (1) Subject to paragraph (2), the following provisions in the 1983 Order, as they had effect on the date on which that Order was last amended, shall continue to have effect—

• (a) article 6, in so far as it relates to the provisions in article 10;

• (b) article 10; and

• (c) Schedule 3, in so far as it relates to the provisions in article 10.

• (2) From the date on which this Order comes into force, in respect of proceedings to which article 10 of the 1983 Order applies—

• (a) proceedings may be started in the County Court hearing centre corresponding to the county court designated by article 10(a) of, and Schedule 3 to, the 1983 Order;

• (b) if proceedings have been started in a county court, they may be continued—

• (i) in the County Court as if they had been started in the County Court; and

• (ii) in the County Court hearing centre corresponding to that county court;

• (c) a reference in article 10(b) and Schedule 3 to the district of a county court not designated for the purposes of the Race Relations Act 1976[^f00003] has effect as if it were a reference to the area served by the corresponding County Court hearing centre;

• (d) a reference to a county court named in the fifth column of Schedule 3 has effect as if it were a reference to the corresponding County Court hearing centre; and

• (e) references in sections 57, 67A and 72 of the Relations Act 1976 to a designated county court are to be construed accordingly.

• (3) In respect of any proceedings to which paragraphs (1) and (2) apply—

• (a) anything done in accordance with provision made by or under an enactment which applied to a county court is to be treated as if it had been done in accordance with provision made by or under an enactment applicable to corresponding proceedings in the County Court; and

• (b) any act, judgment or order of a county court has the same effect as if it had been an act judgment or order of the County Court, and accordingly further proceedings in the County Court may be taken in respect of such act, judgment or order.

SCHEDULE

Signed

Signed by authority of the Lord Chancellor

Shailesh Vara — Parliamentary Under Secretary of State — Ministry of Justice — 27th March 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order revokes the Civil Courts Order 1983 (“the 1983 Order”), together with numerous amending orders, following the coming into force of section 17 of, and Schedule 9 to, the Crime and Courts Act 2013 (c.22) (“the 2013 Act”), which establishes a single County Court for England and Wales, replacing the structure of individual county courts for specific districts which previously exercised jurisdiction.

The 1983 Order designated the places where both the district registries of the High Court and the county courts were located. It also specified those county courts which had jurisdiction in respect of proceedings under the Matrimonial and Family Proceedings Act 1984 (c.42), the Insolvency Act 1986 (c.45), the Race Relations Act 1976 (c.74), the Companies Act 2006 (c.46) and the Limited Liability Partnerships Act 2000 (c.12). However, following the implementation of both the single County Court and the family court, it is no longer necessary, or possible, to confer jurisdiction in this way.

The 1983 Order is replaced by the Civil Courts Order 2014 (SI 2014/819), which, unlike the earlier order, only designates those places where district registries of the High Court will be located. However, although it replaces the 1983 Order, the 2014 Order does not revoke it. This is because the 2013 Act will repeal some of the relevant order making powers in primary legislation on the same date that the 1983 Order is revoked. On that basis, it is not possible to use those powers to revoke the 1983 Order, or the numerous amending orders, in their entirety. Accordingly, it is necessary to use the powers in the 2013 Act to make the necessary consequential amendments and transitional and savings provisions.

This Order includes a transitional and saving provision in respect of proceedings under the Race Relations Act 1976 (which, although repealed, is subject to a number savings), the effect of which is to provide that, for the time being, proceedings under that Act will be heard in those hearing centres of the County Court which correspond to the county courts which previously had jurisdiction to hear them.

Footnotes

[^f00001]: 2013 c.22.

[^f00002]: S.I. 1983/713, which has been amended by the Statutory Instruments listed in the Schedule to this Order.

[^f00003]: 1976 c.74, which was repealed by the Equalities Act 2010 (c.15), subject to savings in S.I. 2010/2317, in Schedules 1 to 7 of that Instrument.