Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
124

     (24)
In section 65—
(a)
in subsection (1) for the words from “the judge” to “referee”
substitute “a judge of the county court may refer to another judge of
the county court or a”,
(b)
omit subsection (2),
5
(c)
in subsection (3) for the words from “subsection” to “direct”
substitute “subsection (1), a judge of the county court may direct”,
and
(d)
in subsection (4)—
(i)
for “The judge” substitute “A judge of the county court”,
10
(ii)
for the words from “refer” to “account” substitute “refer to
another judge of the county court any mere matter of
account”, and
(iii)
for the words after “judgment” substitute “on the other
judge’s report.”
15
     (25)
In section 67 for “At any county court where proceedings” substitute “Where
any proceedings in the county court”.
     (26)
In section 68 for “the judge” substitute “a judge of the court”.
     (27)
In section 71(2)—
(a)
before “court”, where it first appears, insert “county”, and
20
(b)
after “proceedings”, where it first appears, insert “in the court”.
     (28)
In section 72(1) omit “same or in another”.
     (29)
In section 77(1) (appeals) for “the judge” substitute “a judge”.
     (30)
In section 77(1A) (rules about appeals from district judges)—
(a)
omit “under section 75”,
25
(b)
for “district judge, assistant district judge or deputy district judge”
substitute “judge of the county court”, and
(c)
for “be to a” substitute “be to another”.
     (31)
In section 79(1) for “county courts” substitute “the county court”.
     (32)
In section 82 (decision of Court of Appeal on probate appeals is final) for
30
“probate proceedings” substitute “proceedings in respect of any contentious
matter arising with any grant, or revocation, of probate or administration
that under section 105 of the Senior Courts Act 1981 has been applied for
through the principal registry of the Family Division or a district probate
registry”.
35
     (33)
In section 83(2) (judge to adjourn stayed proceedings)—
(a)
omit “the judge of”, and
(b)
for “he” substitute “the court”.
     (34)
In section 84 (prohibition)—
(a)
in subsection (1) for “any county court” substitute “the county court”,
40
(b)
in subsection (2) for “the judge of the county court shall not be served
with notice of it, and shall not,” substitute “no judge of the county
court is to be served with notice of it or,”, and
(c)
in subsection (2) in the words after paragraph (b)—
(i)
for “the judge” substitute “a judge of the county court”, and
45

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
125

(ii)
after “a judge” insert “of the county court”.
     (35)
In section 85 (execution of judgments and orders)—
(a)
in subsection (2) for “The registrar,” substitute “A judge of the county
court,”,
(b)
in subsection (2) for “the district of the court” substitute “England
5
and Wales”, and
(c)
in subsection (3) omit “to the registrar” and “by him”.
     (36)
In section 87 (execution to be suspended on payment)—
(a)
in subsection (1) for “registrar” substitute “court”, and
(b)
in subsection (2) omit “the registrar of” and “from which the warrant
10
is issued”.
     (37)
In section 90 (custody of goods seized) for “registrar”, in both places,
substitute “court”.
     (38)
In section 91 (disposal of securities seized) for “registrar” substitute “county
court”.
15
     (39)
In section 92 (penalty for rescuing goods seized)—
(a)
in subsection (1) for “judge”, in both places, substitute “county
court”,
(b)
in subsection (1) for “a bailiff” substitute “an officer”, and
(c)
in subsection (2) for “The judge” substitute “A judge of the county
20
court”.
     (40)
In section 95 (appointment of brokers, appraisers etc)—
(a)
in subsections (1) and (2) for “The registrar” substitute “A judge of
the county court”, and
(b)
in subsection (3) for “The judge or registrar” substitute “A judge of
25
the county court”.
     (41)
In section 96(1) (power to appoint bailiff as broker or appraiser) for “The
judge” substitute “A judge of the county court”.
     (42)
In section 97 (sale under execution)—
(a)
for “registrar”, in each place, substitute “court”, and
30
(b)
in subsection (1) omit “from which the warrant of execution issued”.
     (43)
In section 98 (protection of person selling goods under execution without
notice of third-party claim)—
(a)
in subsection (1) in the words before paragraph (a) for “registrar or
other officer”, in both places, substitute “person”,
35
(b)
in subsection (1)(b) for “district judge or other officer” substitute
“person”, and
(c)
in subsection (2) for “registrar or other officer” substitute “person
who sold the goods”.
     (44)
In section 99 (effect of warrants of execution) as having effect until replaced
40
by the section 99 that is to be substituted by the Tribunals, Courts and
Enforcement Act 2007—
(a)
in subsection (1) omit “the registrar of”,
(b)
in subsection (2)(a) omit “registrar of a”,

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
126

(c)
in subsection (2)(a) for the words after “application” substitute
“remained unexecuted in the hands of a person charged with its
execution; or”,
(d)
in subsection (3) for “registrar” substitute “county court”, and
(e)
in subsection (3) for each of “him” and “he” substitute “the court”.
5
     (45)
In section 100 (sale of goods to which claim is made)—
(a)
for “judge”, in each place, substitute “court”, and
(b)
in subsection (4) for “the registrar” substitute “a judge of the court”.
     (46)
In section 101 (interpleader)—
(a)
in subsection (1)—
10
(i)
for “registrar” substitute “court”, and
(ii)
for “against him” substitute “in respect of the claim”,
(b)
in subsection (2) for “any county court or” substitute “the county
court or any”, and
(c)
in subsection (3)—
15
(i)
for “judge” substitute “court”,
(ii)
for “and the registrar” substitute “and the person executing
the warrant”, and
(iii)
omit “by the registrar”.
     (47)
In section 102(7) for “registrar” substitute “court”.
20
     (48)
In section 103 (execution out of jurisdiction of a county court) omit
subsections (1) to (5).
     (49)
In section 104 (information about writs and warrants)—
(a)
in subsection (1) for “the district judge of a” substitute “a judge of
the”,
25
(b)
in subsection (1) in the words after paragraph (b) omit “district”, and
(c)
in subsection (3) omit “district”.
     (50)
In section 110 (penalty for non-attendance) for “judge”, in each place,
substitute “court”.
     (51)
In Part 6 (administration orders) as having effect until replaced by the Part 6
30
that is to be substituted by the Tribunals, Courts and Enforcement Act
2007—
(a)
in section 112(2) omit the definition of “the appropriate court”,
(b)
for “appropriate court”, in each place except section 112(2),
substitute “county court”,
35
(c)
in section 113(a)(ii) for “in the office of the county court for the
district in which the debtor resides” substitute “on an appropriate
website”,
(d)
in section 113(b) and (d) (references to district judge) for “registrar”
substitute “county court”,
40
(e)
in section 114(2)—
(i)
for “any county court in which proceedings” substitute
“when an administration order is made, the county court is to
stay any proceedings in the county court which”, and
(ii)
omit “shall, on receiving notice of the administration order,
45
stay the proceedings”,

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
127

(f)
in section 114(3) for the words after “operate” substitute “as a
requirement to stay any proceedings in bankruptcy which are
pending against the debtor.”, and
(g)
in section 115(1)—
(i)
omit “the registrar of”, and
5
(ii)
for “he” substitute “the court”.
     (52)
In Part 6 (administration orders) as substituted by the Tribunals, Courts and
Enforcement Act 2007—
(a)
omit “proper”, in each place except section 112AA(3),
(b)
in section 112L(7)(a) omit “(within the meaning of Part 6A)”,
10
(c)
in section 112N(3) for “the judge” substitute “a judge of the county
court”,
(d)
omit section 112N(6) (district judge may exercise powers of judge),
and
(e)
omit section 112AA(3) and (4) (meaning of “proper county court”).
15
     (53)
In Part 6A (enforcement restriction orders)—
(a)
omit “proper”, in each place,
(b)
in section 117I(7)(a) omit “(within the meaning of Part 6)”,
(c)
in section 117K(3) for “the judge” substitute “a judge of the county
court”,
20
(d)
omit section 117K(6) (district judge may exercise powers of judge),
(e)
in section 117R(3) omit “, or another court whilst it was previously
the proper county court,”, and
(f)
omit section 117T(3) and (4) (meaning of “proper county court”).
     (54)
In section 118 (power to commit for contempt)—
25
(a)
in subsection (1)(a) for “the judge” substitute “a judge”,
(b)
in subsection (2) for “The judge” substitute “A judge of the county
court”, and
(c)
omit subsection (3) (district judge may exercise powers of judge).
     (55)
In section 119(1) (order of committal to be directed to district judge) for
30
“registrar” substitute “officers”.
     (56)
In section 120 (prisons to which committals to be made) omit “judge of any”.
     (57)
In section 121 (power to order discharge from prison)—
(a)
omit “a judge of”, and
(b)
for “the judge”, in both places, substitute “the court”.
35
     (58)
Omit section 122 (execution of committal orders by other county courts).
     (59)
In section 123 (responsibility for acts and defaults of officers)—
(a)
for “Every registrar” substitute “The county court”, and
(b)
for “himself and of the bailiffs appointed to assist him” substitute “its
bailiffs and other officers”.
40
     (60)
In section 124 (liability of bailiff for neglect to levy execution)—
(a)
in subsection (1) for the words after “complain” substitute “to the
court.”, and
(b)
in subsection (2) for “judge” substitute “court”.
     (61)
In section 125(1) (execution of warrants) for “a court” substitute “the court”.
45

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
128

     (62)
In section 126(1) (actions against bailiffs acting under warrants) for
“registrar” substitute “county court”.
     (63)
In section 129 (enforcement of fines)—
(a)
for “any court” substitute “the county court”, and
(b)
for “judge” substitute “court”.
5
     (64)
In section 131 (appointment of auditors etc) for “county courts” substitute
“the county court”.
     (65)
In section 132 (payment of salaries and expenses)—
(a)
in paragraph (b) for “courts and” substitute “the county court and
its”, and
10
(b)
in paragraphs (c) and (d) for “courts”, in each place, substitute
“county court”.
     (66)
In section 133 (proof of service) for “a court”, in both places, substitute “the
court”.
     (67)
In section 137(2) (lessee’s failure to give notice) for “any county court or”
15
substitute “the county court or any”.
     (68)
In section 147(1) (interpretation)—
(a)
omit the definition of “Admiralty county court”,
(b)
for the definition of “Admiralty proceedings” substitute—
““Admiralty proceedings” means proceedings which, if
20
commenced in the High Court, would involve the
exercise of the High Court’s Admiralty jurisdiction;”,
(c)
for the definition of “court” and “county court” substitute—
““court” means the county court;”,
(d)
omit the definition of “district” and “county district”,
25
(e)
omit the definition of “judge”,
(f)
in the definition of “officer” for the words from “in relation” to
“clerk,” substitute “in relation to the county court, means any clerk,”,
(g)
omit the definition of “part-time registrar” and “part-time assistant
registrar”,
30
(h)
omit the definition of “probate proceedings”, and
(i)
omit the definition of “registrar” and “registrar of a county court”.
     (69)
In Schedule 1 (replevin)—
(a)
in paragraph 1(2)—
(i)
for “The registrar for the district in which any goods subject
35
to replevin are taken” substitute “Where any goods subject to
replevin are taken, the county court”, and
(ii)
for “a bailiff” substitute “an officer”,
(b)
in paragraph 1(3) for “registrar” substitute “court”, and
(c)
in paragraph 2(2)—
40
(i)
for “registrar having power in the matter” substitute “county
court”, and
(ii)
for “registrar thinks” substitute “court thinks”.

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 2 — Other amendments
129

     (70)
In Schedule 3 (transitional provisions) after paragraph 5 insert—
“5A
Any reference that would otherwise fall to be construed in
accordance in with paragraph 5 is instead to be construed as a
reference to the county court established under section A1.”
     (71)
In paragraph 7 of Schedule 3 (references to high bailiffs) for “registrar”
5
substitute “judge of the county court”.
Part 2
Other amendments
General modification
11    (1)
In relevant legislation, but subject to any amendments or repeals made by or
10
under this Act—
(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
15
(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—
20
(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
25
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
30
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
35
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
40
into force of that sub-paragraph by at least one House of
Parliament or by the National Assembly for Wales.
Literary and Scientific Institutions Act 1854 (c. 112)
12
In section 29 of the Literary and Scientific Institutions Act 1854—
(a)
omit “the judge of”,
45

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 2 — Other amendments
130

(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”.
Commons Act 1876 (c. 56)
13
In section 30 of the Commons Act 1876 (jurisdiction of county court in
5
respect of illegal inclosures)—
(a)
for the words before “shall have jurisdiction” substitute “The county
court”, and
(b)
for “upon such” substitute “upon any”.
Bankers’ Books Evidence Act 1879 (c. 11)
10
14
In section 10 (interpretation) for “The judge of a county court” substitute “A
judge of the county court”.
Bills of Sale Act (1878) Amendment Act 1882 (c. 43)
15
In section 11 of the Bills of Sale Act (1878) Amendment Act 1882 (local
registration of contents of bills of sale)—
15
(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”.
Law of Distress Amendment Act 1888 (c. 21)
20
16
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”.
25
Law of Distress Amendment Act 1895 (c. 24)
17
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”.
30
Stannaries Court (Abolition) Act 1896 (c. 45)
18    (1)
The Stannaries Court (Abolition) Act 1896 is amended as follows.
      (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—
35
“(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