Crime and Courts Bill [HL]

Session 2012 - 13
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Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 2 — Other amendments
131

powers of the county court to be exercised subject to and in
accordance with rules of court.”
      (4)
In section 4(1) (reference of disputes to arbitration) for “a county court
exercising the jurisdiction of the Stannaries Court” substitute “the county
court”.
5
Administration of Justice (Appeals) Act 1934 (c. 40)
19
The Administration of Justice (Appeals) Act 1934 is repealed.
Crown Proceedings Act 1947 (c. 44)
20
In the Crown Proceedings Act 1947—
(a)
for “a county court”, in each place except section 53(3)(a), substitute
10
“the county court”, and
(b)
in sections 24(3) and 27(2) for “county courts” substitute “the county
court”.
Registered Designs Act 1949 (c. 88)
21    (1)
The Registered Designs Act 1949 is amended as follows.
15
      (2)
In section 27(1)(a) (meaning of “the court”) for the words after “High”
substitute “Court,”.
      (3)
Omit section 27A(4) to (6) (references to patents county court).
Opencast Coal Act 1958 (c. 69)
22
In Schedule 8 to the Opencast Coal Act 1958 in paragraph 7 omit “the judge
20
of” and “having jurisdiction in the place where the land in question is
situated”.
Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)
23
In section 1(4) of the Domestic and Appellate Proceedings (Restriction of
Publicity) Act 1968 (courts to which section applies) for “a county court”
25
substitute “the county court”.
Courts Act 1971 (c. 23)
24
Omit section 42(2) and (3) of the Courts Act 1971 (City of London to be a
county court district, and the county court for that district to be known as the
Mayor’s and City of London Court).
30
Attachment of Earnings Act 1971 (c. 32)
25    (1)
The Attachment of Earnings Act 1971 is amended as follows.
      (2)
In section 1(2)—
(a)
for “A county court may” substitute “The county court may”, and
(b)
for “county court rules” substitute “rules of court”.
35
      (3)
In that Act except section 1 (but subject to any specific amendments or
repeals made by or under this Act in that Act)—

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 2 — Other amendments
132

(a)
for “a county court”, in each place, substitute “the county court”, and
(b)
for “A county court”, in each place, substitute “The county court”.
      (4)
In section 6(7)(a) for “such county court as the order may specify” substitute
“the county court if the order so specifies”.
      (5)
In section 23 (enforcement provisions)—
5
(a)
in subsections (1) and (1A), in each place, for “the judge” substitute
“the court”,
(b)
in subsection (1A) for “he” substitute “the court”,
(c)
in subsection (3) for “the county court judge” substitute “by the
county court”,
10
(d)
in subsection (4) after “judge” insert “or court”,
(e)
in subsection (7)—
(i)
for “a county court judge” substitute “by the county court”,
and
(ii)
after “the judge” insert “or court”,
15
(f)
in subsection (8) for “a county court judge”, in each place, substitute
“the county court”, and
(g)
omit subsection (11) (powers under section of judge of county court
exercisable by district judge).
      (6)
In section 25(1) (interpretation) in the definition of “the court” for “county
20
courts” substitute “the county court”.
Solicitors Act 1974 (c. 47)
26
In section 74 (assessment of county court costs)—
(a)
in subsection (1) for “a county court” substitute “the county court”,
and
25
(b)
omit subsection (2) (district judge to be costs officer).
Patents Act 1977 (c. 37)
27
In section 130(1) of the Patents Act 1977 (interpretation) in paragraph (a) of
the definition of “the court” for the words after “High” substitute “Court;”.
Criminal Law Act 1977 (c. 45)
30
28
In section 10(6) (definitions) for paragraph (b) of the definition of “officer of
a court” substitute—
“(b)
any officer of the county court.”
Senior Courts Act 1981 (c. 54)
29
In section 51 of the Senior Courts Act 1981 (costs)—
35
(a)
in subsection (1)(c) (costs of county court proceedings) for “any”
substitute “the”, and
(b)
in subsection (8)(b) for “a county court” substitute “the county
court”.
Copyright, Designs and Patents Act 1988 (c. 48)
40
30    (1)
The Copyright, Designs and Patents Act 1988 is amended as follows.

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 2 — Other amendments
133

      (2)
In section 252(6)(a) (court which is to determine disputes as to Crown use of
designs) for the words after “High” substitute “Court,”.
      (3)
Omit sections 287 to 289 and 291 (patents county court).
Courts and Legal Services Act 1990 (c. 41)
31
The Courts and Legal Services Act 1990 is amended as follows.
5
32    (1)
Section 1 (allocation of business between the High Court and county courts)
is amended as follows.
      (2)
In subsection (1)(a) for “county courts have” substitute “the county court
has”.
      (3)
In subsection (1)(b) and (c) for “county courts” substitute “the county court”.
10
      (4)
In subsection (1)(e) and (g) for “a” substitute “the”.
      (5)
Omit subsections (4) to (6) (jurisdiction of particular county courts).
      (6)
In subsections (7)(a)(ii) and (10) for “any county court” substitute “the
county court”.
      (7)
In the title for “county courts” substitute “county court”.
15
33    (1)
Section 11 (representation in certain county court cases) is amended as
follows.
      (2)
For “a county court”, in each place, substitute “the county court”.
      (3)
In subsection (5) for “a court” substitute “the county court”.
      (4)
In subsection (6) for “any county court” substitute “the county court”.
20
34
In section 15(3) (costs of previous steps to enforce a judgment or order) for
“a county court” substitute “the county court”.
35
In section 71(3)(e) (meaning of “county court qualification”) for “county
courts” substitute “the county court”.
Vehicle Excise and Registration Act 1994 (c. 22)
25
36
In section 49(a) (persons authorised to appear on behalf of Secretary of State)
for “before a district judge of a” substitute “the”.
Housing Act 1996 (c. 52)
37    (1)
The Housing Act 1996 is amended as follows.
      (2)
In section 143N(1) (demoted tenancies: jurisdiction of county court) for “A
30
county” substitute “The county”.
      (3)
In section 158(1) (interpretation of Chapter 3 of Part 5) in the definition of
“relevant judge” for paragraph (b) substitute—
“(b)
where the injunction was granted by the county court,
a judge of that court;”.
35
      (4)
In paragraph 1(2) of Schedule 15 (interpretation of Schedule)—
(a)
for “a county”, in both places, substitute “the county”, and

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 2 — Other amendments
134

(b)
omit “or district judge”.
London Local Authorities Act 1996 (c. ix)
38
In paragraph 10 of Schedule 1 to the London Local Authorities Act 1996
(invalid enforcement notice in respect of penalty charge related to bus
lane)—
5
(a)
in sub-paragraph (1)(a) for “a county” substitute “the county”,
(b)
in sub-paragraph (1)(c) omit “which made the order”,
(c)
in sub-paragraph (3) for “a district judge” substitute “the county
court”,
(d)
in sub-paragraph (4)—
10
(i)
for “district judge” substitute “county court”, and
(ii)
for “he” substitute “the court”, and
(e)
in sub-paragraph (5) for “district judge” substitute “county court”.
Protection from Harassment Act 1997 (c. 40)
39
In section 3 of the Protection of Harassment Act 1997 (civil remedy)—
15
(a)
for “a county”, in each place, substitute “the county”,
(b)
in subsection (4)(b) for “or district judge of that or any other county”
substitute “of that”, and
(c)
in subsection (5) omit “or district judge” in both places.
Courts Act 2003 (c. 39)
20
40
In the Courts Act 2003—
(a)
in sections 1(1)(b), 59(2)(b), 81(1)(a), 92(1)(b) and 98(1)(b) for “county
courts” substitute “the county court”,
(b)
in section 64(2) for “District judge for a county court district”
substitute “District judge of the county court”,
25
(c)
in section 98(1)(c) and (d) for “courts” substitute “court”, and
(d)
in paragraph 8(4) of Schedule 7—
(i)
in paragraph (a) omit “district judge of a”, and
(ii)
in paragraph (b) for the words after “application” substitute
“remained unexecuted in the hands of a person charged with
30
its execution.”
Traffic Management Act 2004 (c. 18)
41
In section 83(1) of the Traffic Management Act 2004 (certificated bailiffs) as
having effect until its repeal by the Tribunals, Courts and Enforcement Act
2007 for the words from “signed—” to the end substitute “signed by a judge
35
of the county court.”
Constitutional Reform Act 2005 (c. 4)
42
In section 7(4) of the Constitutional Reform Act 2005 (courts of which Lord
Chief Justice is president) for “county courts” substitute “county court”.

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 2 — Other amendments
135

Companies Act 2006 (c. 46)
43
In section 1156 of the Companies Act 2006 (meaning of “the court”)—
(a)
in subsection (1) for “(subject to subsection (3)) a” substitute “the”,
and
(b)
omit subsections (3) and (4) (power to provide for jurisdiction of
5
county courts under the Act to be exercisable only by some courts).
Police and Justice Act 2006 (c. 48)
44
In section 27(12) of the Police and Justice Act 2006 (interpretation of
section)—
(a)
for “a county”, in both places, substitute “the county”, and
10
(b)
omit “or district judge”.
Tribunals, Courts and Enforcement Act 2007 (c. 15)
45
The Tribunals, Courts and Enforcement Act 2007 is amended as follows.
46
In section 64(1) (certificated enforcement agents) for the words from
“section—” to the end substitute “section by a judge of the county court.”
15
47    (1)
In section 106 (administration orders) amend the sections to be inserted into
the County Courts Act 1984 as follows.
      (2)
Omit “proper”, in each place except section 112AA(3).
      (3)
In sections 112B(1), 112J(1) and 112K(1) for “A county court” substitute “The
county court”.
20
      (4)
In section 112L(7)(a) omit “(within the meaning of Part 6A)”.
      (5)
In section 112N(3) for “the judge” substitute “a judge of the county court”.
      (6)
Omit section 112N(6) (district judge may exercise powers of judge).
      (7)
In section 112O(1)(b) for “a county court” substitute “the county court”.
      (8)
Omit section 112AA(3) and (4) (meaning of “proper county court”).
25
48    (1)
In section 107 (enforcement restriction orders) amend the sections to be
inserted into the County Courts Act 1984 as follows.
      (2)
In sections 117B(1), 117F(6), 117G(1) and 117H(1) for “A county court”
substitute “The county court”.
      (3)
Omit “proper”, in each place.
30
      (4)
In section 117I(7)(a) omit “(within the meaning of Part 6)”.
      (5)
In section 117K(3) for “the judge” substitute “a judge of the county court”.
      (6)
In sections 117K(5) and 117L(1)(b) for “a county court” substitute “the
county court”.
      (7)
Omit section 117K(6) (district judge may exercise powers of judge).
35
      (8)
In section 117R(3) omit “, or another court whilst it was previously the
proper county court,”.

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments
136

      (9)
Omit section 117T(3) and (4) (meaning of “proper county court”).
49
In section 143(2) omit subsections (4) to (6) of the section 27A to be inserted
into the Registered Designs Act 1949.
London Local Authorities Act 2007 (c. ii)
50
In section 65(1) of the London Local Authorities Act 2007 (certificated
5
bailiffs) for the words from “signed—” to the end substitute “signed by a
judge of the county court.”
Policing and Crime Act 2009 (c. 26)
51    (1)
The Policing and Crime Act 2009 is amended as follows.
      (2)
Omit section 48(1) (rules may make provision about exercise of county court
10
jurisdiction).
      (3)
In paragraph 1(2) of Schedule 5 (meaning of “the court”)—
(a)
for “a county”, in both places, substitute “the county”, and
(b)
omit “or district judge”.
Part 3
15
Further amendments
Amendment of references to “a county court”
52    (1)
In the provisions listed in sub-paragraph (2) (but subject to any specific
amendments made by or under this Act)—
(a)
for “A county court”, in each place, substitute “The county court”,
20
and
(b)
for “a county court”, in each place, substitute “the county court”.
      (2)
The provisions are—
Access to Health Records Act 1990: section 8(5),
Access to Justice Act 1999: sections 17, 17A, 21 and 54 to 57,
25
Access to Medical Records Act 1988: section 8(2),
Access to Neighbouring Land Act 1992: section 8(3),
Administration of Justice (Miscellaneous Provisions) Act 1933: section
7(2),
Administration of Justice Act 1960: sections 12 and 13,
30
Administration of Justice Act 1970: section 11(b) in the words before
sub-paragraph (i), and section 41(3),
Administration of Justice Act 1977: section 23(4)(a),
Administration of Justice Act 1982: section 38,
Administration of Justice Act 1985: section 53(2)(c),
35
Anti-social Behaviour Act 2003: sections 13 and 26A to 28,
Charging Orders Act 1979: sections 1(1), (2)(c) and (d) and (6), 3(4A)(a)
and 6(2),
Charities Act 1992: section 58(1),
Civil Jurisdiction and Judgments Act 1982: section 18(4A)(a),
40

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments
137

Commonhold and Leasehold Reform Act 2002: sections 66(1) and
107(1),
Commons Act 2006: sections 34(5) and 46(7)(a),
Companies Act 2006: section 1183,
Communications Act 2003: section 124Q(7)(a),
5
Compensation Act 2006: section 8(2),
Contempt of Court Act 1981: section 14 (but not in its application to
Northern Ireland as set out in Schedule 4 to that Act),
Crime and Disorder Act 1998: sections 1B(1) and 10,
Criminal Justice Act 2003: section 329(8)(c),
10
Data Protection Act 1998: section 55D(2)(a),
Education Act 1996: section 336(2)(g),
Education and Skills Act 2008: sections 56(5), 57(2), 58(4)(b), 59(4) and
65(3),
Electricity Act 1989: sections 39B(4)(a) and 44A(6)(b)(i),
15
Employment Rights Act 1996: sections 110(6)(a), 194(4) and 195(4),
Employment Tribunals Act 1996: sections 7(3)(e)(i), 13(1C), 15(1) and
19A,
Environmental Protection Act 1990: section 78P(8),
Equality Act 2006: sections 21(7)(b), 22(6), 24 and 32(9)(b), and
20
paragraphs 11 and 12(2) of Schedule 2,
Equality Act 2010: sections 114(1), 119(1), 120(6), 124(6), 127(9), 138(8),
140(6) and 143(1), paragraph 12(5) of Schedule 20 and paragraphs
4(2) and 5(7) of Schedule 21,
Finance Act 2003: paragraph 5(1)(a) of Schedule 12, and the first “a
25
county court” in paragraph 5(3)(a) of that Schedule,
Financial Services and Markets Act 2000: paragraphs 16(a) and 16D(a)
of Schedule 17,
Gas Act 1986: sections 15A(6)(b), 27A(9)(b) and 33AB(4)(a),
Health and Social Care (Community Health and Standards) Act 2003:
30
section 155(7),
Highways Act 1980: sections 79(8) and (13) and 308,
Horserace Betting and Olympic Lottery Act 2004: section 9(6),
Housing Act 1980: section 86(1),
Housing Act 1985: sections 82A(2), 110(1), 181(1) and 272(5), and
35
paragraph 6(5) of Schedule 18,
Housing Act 1988: sections 6A(2) and 40(1) and (3), and section 40(4)
until its repeal by the Courts and Legal Services Act 1990 is fully in
force,
Housing Act 1996: sections 95, 138(1), 153E(6), 154(1), 155(6), 157(1) and
40
203(5),
Housing Act 2004: sections 214(1) and 215(2A), and paragraphs 5(3)(a)
and 13 of Schedule 13,
Immigration and Asylum Act 1999: section 43(2)(a),
Immigration, Asylum and Nationality Act 2006: section 17(6)(a),
45
Industrial and Provident Societies Act 1965: section 60(8)(a),
Insolvency Act 1986: sections 196(a), 373(2), 375 and 429(1),
Land Registration Act 2002: sections 75(4), 76(5) and 132(3)(a),
Landlord and Tenant (Covenants) Act 1995: sections 8(4) and 10(4),