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 3 — Further amendments
138

Landlord and Tenant (War Damage) Act 1939: section 23(1),
Landlord and Tenant Act 1954: section 63(2) and (9),
Landlord and Tenant Act 1985: section 20C(2), and paragraph 8(2) of
the Schedule,
Landlord and Tenant Act 1987: sections 52(1) and (3) and 60(1), and
5
paragraphs 4(3) and 9(3) of Schedule 1, and section 52(4) until its
repeal by the Courts and Legal Services Act 1990 is fully in force,
Learning and Skills Act 2000: section 145(5),
Leasehold Reform, Housing and Urban Development Act 1993:
sections 90, 93(3) and 101(1), paragraph 4(3) of Schedule 8 and
10
paragraph 4 of Schedule 14,
Legal Aid, Sentencing and Punishment of Offenders Act 2012: sections
24(3)(b) and 36(5), paragraph 5 of Part 3 of Schedule 1 and paragraph
2(3) of Schedule 2,
Legal Services Act 2007: section 141(7),
15
Local Government Act 1972: section 146(3),
Local Government Act 2000: section 77(6)(e),
Local Government Finance Act 1992: paragraph 11(4) of Schedule 4,
Local Land Charges Act 1975: section 10(8),
Localism Act 2011: section 159(5),
20
London Building Acts (Amendment) Act 1939 (c. xcvii): sections 103
and 143, and entry (xxxiv) in the table in section 148(2),
London County Council (General Powers) Act 1955 (c. xxix): section
7(4),
Magistrates’ Courts Act 1980: sections 87(1) and 111A(3)(a),
25
Mental Health Act 1983: section 31,
Mines and Quarries (Tips) Act 1969: section 28,
National Health Service Act 2006: sections 90(5), 94(3)(h), 105(5),
109(3)(h), 122(5) and 139(8), and paragraph 3(3)(j) of Schedule 12,
National Health Service (Wales) Act 2006: sections 48(5), 52(3)(h), 62(5),
30
66(3)(h) and 97(8), and paragraph 3(3)(j) of Schedule 7,
National Minimum Wage Act 1998: sections 19E(a), 38(2) and 39(2),
Patents Act 1977: sections 41(9), 61(7)(a), 93(a) and 107(2),
Pension Schemes Act 1993: sections 53(1B)(a), 115(6)(a), 150(8)(a) and
151(5)(a),
35
Pensions Act 1995: section 10(8A)(a),
Pensions Act 2004: sections 103(9)(a), 217(2)(a) and 218(5)(a),
Pensions Act 2008: section 42(2),
Planning Act 2008: section 171(4), and paragraph 24 of Schedule 12,
Protection from Harassment Act 1997: section 3A(2),
40
Rent (Agriculture) Act 1976: section 26,
Rent Act 1977: sections 96(3), 132(6) and 141,
Representation of the People Act 1983: sections 78(4), 86(1)(c) and
167(1), and rule 56(1), (4) and (5)(a) of Schedule 1, with a view to the
inserted references to the county court including (as in other places
45
in that Act) a county court in Northern Ireland,
Representation of the People Act 1983: section 167(3), and paragraph 9
of Schedule 4,
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951:
section 2(1),
50

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments
139

Senior Courts Act 1981: section 29(4),
Social Security (Recovery of Benefits) Act 1997: section 7(4),
Social Security Act 1989: paragraph 9 of Schedule 5,
Social Security Administration Act 1992: sections 71ZE(1) and 126(3)(a),
Social Security Contributions and Benefits Act 1992: section 12(7),
5
Solicitors Act 1974: sections 61(6), 68(2), 69(3) and 74(3),
Trade Union and Labour Relations (Consolidation) Act 1992: section
277(3), and paragraphs 19E(5), 28(6) and 120(6) of Schedule A1,
Tribunals, Courts and Enforcement Act 2007: sections 27(1)(a) and
78(3), section 92(1) (in the inserted section 15D(3)), section 93(2) (in
10
the inserted section 1(6)), section 93(3) (in the inserted section
3(4A)(a)), sections 93(6), 95(1), 104(2), 115 to 118, 119(1)(b), 122(2) and
123(1), paragraph 12(2)(b) of Schedule 5, paragraphs 3(1), 60(8) and
66(4) of Schedule 12, paragraphs 77 and 79(2)(a) of Schedule 13 (in
the quoted or inserted text), paragraphs 2(2), 5, 7, 10, 18 and 21 of
15
Schedule 15 (in the inserted text) and paragraph 3(2) of Schedule 16
(in the inserted section 429(1)),
Trusts of Land and Appointment of Trustees Act 1996: section 23(3),
Violent Crime Reduction Act 2006: section 4(1),
Water Industry Act 1991: sections 30A(5), 51B(5) and 150A(6), and
20
Welfare Reform Act 2012: section 105(1) (in the inserted section
71ZE(1)).
Amendments of other references
53
In section 7(1) of the Access to Neighbouring Land Act 1992 for “the county
courts” substitute “the county court”.
25
54
In section 40 of the Administration of Justice Act 1956 for “a county court”,
and for “that county court”, substitute “the county court”.
55
In section 26 of the Administration of Justice 1964 (Inner and Middle
Temples in City of London for certain purposes including the law relating to
county courts) omit “county courts,”.
30
56
In section 96(1) of the Agricultural Holdings Act 1986 omit the definition of
“county court”.
57
In section 18(5) of the Agricultural Marketing Act 1958 omit the words from
“within the district” to “may be brought”.
58
In section 5 of the Agriculture (Miscellaneous Provisions) Act 1954—
35
(a)
in subsections (2) and (3) for “county court rules” substitute “rules of
court”, and
(b)
omit subsection (4) (powers of district judge).
59
In section 6 of the Allotments Act 1922 for “the judge of the county court
having jurisdiction in the place where the land is situated”, and for “a county
40
court”, substitute “the county court”.
60    (1)
In section 82(1) of the Arbitration Act 1996, in the definition of “legal
proceedings”, after “civil proceedings” insert “in England and Wales in the
High Court or the county court or in Northern Ireland”.
      (2)
In section 105 of that Act—
45

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments
140

(a)
in subsection (1) after ““the court”” insert “in relation to England and
Wales means the High Court or the county court and in relation to
Northern Ireland”,
(b)
in subsection (2) before paragraph (a) insert—
“(za)
allocating proceedings under this Act in England and
5
Wales to the High Court or the county court;”,
(c)
in subsection (2)(a) after “this Act” insert “in Northern Ireland”,
(d)
in subsection (2)(b) after “or in” insert “the county court or (as the
case may be)”,
(e)
in the first sentence in subsection (3) after “a county court” insert “in
10
Northern Ireland”, and
(f)
in the second sentence in subsection (3) omit “England and Wales or,
as the case may be,”.
61
In section 22(6) of the Architects Act 1997 (appeals) after “appeal” insert “in
England and Wales to the county court or, in Northern Ireland,”.
15
62
In section 17(6) of the Audit Commission Act 1998 for “the county courts”
substitute “the county court”.
63
In section 5(1) of the Caravan Sites Act 1968 (meaning of “the court”) omit
the words from “and any powers” to the end.
64
In the Chancel Repairs Act 1932—
20
(a)
in section 3(1)—
(i)
omit “for the district in which the chancel is situate”, and
(ii)
for “a county court” substitute “the county court”,
(b)
in section 3(3)—
(i)
for “a judge of county courts” substitute “the county court”,
25
and
(ii)
for “the judge” substitute “the court”, and
(c)
in section 4(1) for “county court rules” substitute “rules of court”.
65
In sections 10(7), 29(4) and 29A(1) of the Chiropractors Act 1994—
(a)
after “appeal” insert “in England and Wales to the county court or in
30
Northern Ireland”, and
(b)
before “the sheriff” insert “to”.
66
In section 18(2)(b) of the Civil Jurisdiction and Judgments Act 1982 for “or”,
in the second place, substitute “in the High Court or the county court or in”.
67
In the Civil Procedure Act 1997—
35
(a)
in sections 1(1)(c) and 2(2)(e) and (f) for “county courts” substitute
“the county court”, and
(b)
in Schedule 1 (civil procedure rules)—
(i)
in paragraph 3(1)(b) for “between county courts” substitute
“within the county court”, and
40
(ii)
in paragraph 3(2)(a)(ii) for “by another county court”
substitute “elsewhere within the county court”.
68
In section 25(5)(c) of the Commissioners for Revenue and Customs Act 2005,
in the definition of “legal proceedings”, after “civil proceedings” insert “in
England and Wales in the county court or in Northern Ireland”.
45

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments
141

69
In paragraph 11 of Schedule 11 to the Commonhold and Leasehold Reform
Act 2002 for “a county court”, and for “such a court”, substitute “the county
court”.
70
In section 41(1) of the Commons Act 2006 omit “in whose area the land is
situated”.
5
71
In section 2(7) of the Contracts (Rights of Third Parties) Act 1999 after
“exercisable” insert “in England and Wales by both the High Court and the
county court and in Northern Ireland”.
72
In sections 115(1), 205(1) and 232(1) of the Copyright, Designs and Patents
Act 1988 for “, Wales and” substitute “and Wales the county court and in”.
10
73
In section 8(4) of the Coroners and Justice Act 2009 for “county courts”
substitute “county court”.
74
In section 30 of the Courts Act 1971 for “county courts” substitute “the
county court”.
75
In section 1B(5) of the Crime and Disorder Act 1998 for “which made an
15
order under this section for it” substitute “for an order made under this
section”.
76
In section 10(1) of the Criminal Law Act 1977 for “by any” substitute “the”.
77
In section 15(1) of the Data Protection Act 1998 after “exercisable” insert “in
England and Wales by the High Court or the county court or, in Northern
20
Ireland,”.
78
In section 5 of the Debtors Act 1869—
(a)
in paragraph (a) of proviso (1) for “or his deputy” substitute “of the
court”,
(b)
for “any county court” substitute “the county court”, and
25
(c)
for “other than a” substitute “other than the”.
79
In the Deeds of Arrangement Act 1914—
(a)
in section 10(1) for the words after “copy of the deed to the”
substitute “county court.”,
(b)
in section 10(2) omit “the registrar of”, and
30
(c)
in section 16 for “a county court” substitute “the county court”.
80
In section 8 of the Disused Burial Grounds (Amendment) Act 1981—
(a)
omit “in whose district the land is situated who”, and
(b)
omit the words after “costs of the application”.
81
In the Enterprise Act 2002—
35
(a)
in section 16(6) after “High Court” insert “or the county court”,
(b)
in section 215(5)(a) omit “England and Wales or”,
(c)
in section 215(5) before paragraph (a) insert—
“(za)
the High Court or the county court if the person
against whom the order is sought carries on business
40
or has a place of business in England and Wales;”, and
(d)
in paragraph 25(a) of Schedule 4 for “a county court in England and
Wales or” substitute “the county court in England and Wales or the
High Court or a county court in”.

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments
142

82
In the Estate Agents Act 1979—
(a)
in the definition of “court” in section 11A(4) omit “England and
Wales and” and before paragraph (a) insert—
“(za)
in England and Wales, the High Court or the county
court;”, and
5
(b)
in paragraph 6(1) of Schedule 4 after “appeal” insert “in England and
Wales to the county court or, in Northern Ireland,”.
83
In section 133(8)(a) of the Financial Services and Markets Act 2000 before “as
if” insert “in England and Wales, as if it were an order of the county court or,
in Northern Ireland,”.
10
84    (1)
In section 22 of the Friendly Societies Act 1974 after subsection (2) insert—
“(2A)
In the application of subsection (2) to England and Wales, for the
words “for the district in which the member resides” there shall be
substituted “if the member resides in England and Wales”.
      (2)
In section 80(2)(b) of that Act after “brought” insert “in England and Wales
15
in the county court or, in Northern Ireland,”.
      (3)
In section 93(3) of that Act—
(a)
for the words from “make an application—” to the end of paragraph
(a) substitute “make an application to the county court in England
and Wales if the chief or any other place of business of that society or
20
branch is situated in England and Wales or may make an
application—”, and
(b)
for “such application” substitute “application under this subsection”.
85    (1)
In section 82(4) of the Friendly Societies Act 1992 after “brought” insert “in
England and Wales in the county court or, in Northern Ireland,”.
25
      (2)
In section 119(1) of that Act in the definition of “the court” for “Wales or”
substitute “Wales, the county court;
(aa)
in the case of a body whose registered office is situated in”.
86    (1)
In section 48 of the Government Annuities Act 1929 after subsection (2)
insert—
30
“(2A)
For the purposes of this section, England and Wales is to be treated
as the district of the county court in England and Wales.”
      (2)
In section 61(1) of that Act after “a county court” insert “in Northern Ireland
or the county court in England and Wales”.
87
Omit section 59(4) of the Highways Act 1980 and, in consequence, omit
35
paragraph 8(2) of Schedule 3 to the Administration of Justice Act 1982.
88
In paragraph 6(2) of Schedule 18 to the Housing Act 1985 for “a county court
judge”, and for “the county court judge”, substitute “a judge of the county
court”.
89
In paragraph 13 of Schedule 13 to the Housing Act 2004 for “such a”
40
substitute “that”.
90
In the Immigration and Asylum Act 1999—
(a)
in section 25(5)(a) after “granted” insert “in England and Wales by
the county court or in Northern Ireland”,

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments
143

(b)
in section 43(3)(a) after “a county court” insert “in Northern Ireland,
or the county court in England and Wales,”, and
(c)
in sections 89(7), 92(1) and 112(4) after “a county court” insert “in
Northern Ireland or the county court in England and Wales”.
91
In section 42(3)(b) of the Industrial and Provident Societies Act 1965 for “that
5
county court or” substitute “the county court or that”.
92
In section 25(1) of the Inheritance (Provision for Family and Dependants)
Act 1975 in the definition of “the court”—
(a)
for “a county” in both places substitute “the county”, and
(b)
for “22 of this Act” substitute “25 of the County Courts Act 1984”.
10
93
In the Insolvency Act 1986—
(a)
in section 117(2) (county court winding-up jurisdiction)—
(i)
for “the amount of a company’s” substitute “in the case of a
company registered in England and Wales the amount of its”,
and
15
(ii)
omit “of the district in which the company’s registered office
is situated”,
(b)
omit section 117(4) and (6),
(c)
in section 197(1)(a) for “a specified” substitute “the”,
(d)
in section 373(1) for “county courts” substitute “county court”,
20
(e)
in section 373(3)(a) for “Central London County Court” substitute
“county court”,
(f)
in section 373(3)(b) (jurisdiction in relation to insolvent
individuals)—
(i)
for “each” substitute “the”, and
25
(ii)
for “the insolvency district of that court” substitute “any
other insolvency district”,
(g)
in section 374(1) for the words from “of each” to the end substitute “,
or districts, of the county court.”,
(h)
in section 399(3) for the words from “a county court” to the end
30
substitute “the county court.”,
(i)
in section 399(5)—
(i)
for the words from “each” to “Parts” substitute “the county
court”, and
(ii)
for “two or more different” substitute “both”,
35
(j)
in section 399(6) for “another” substitute “the other”,
(k)
for section 413(3)(d) substitute—
“(d)
a district judge;”, and
(l)
in paragraph 2 of Schedule 9—
(i)
omit “or a registrar of a county court having jurisdiction for
40
the purposes of those Parts”, and
(ii)
omit “or, as the case may be, that county court”.
94
In Schedule 1 to the Interpretation Act 1978, in paragraph (a) of the
definition of “County court”, for “a court held for a district under” substitute
“the county court established under section A1 of”.
45
95
In section 26(7)(g) of the Judicial Retirement and Pensions Act 1993 omit “in
the county courts”.

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments
144

96
In the Juries Act 1974—
(a)
in sections 1(1), 2(1) and 12(6) for “county courts” substitute “the
county court”, and
(b)
in section 7 for “any county”, and in sections 17(2) and 23(2) for “a
county”, substitute “the county”.
5
97
In section 1(6A) of the Land Charges Act 1972 for “county courts” substitute
“county court”.
98
In section 10 of the Landlord and Tenant (Requisitioned Land) Act 1942, and
in section 2(2) of the Landlord and Tenant (Requisitioned Land) Act 1944,
after “exercised” insert “in England and Wales by the county court and in
10
Northern Ireland”.
99
In paragraph 4 of Schedule 2 to the Leasehold Reform Act 1967—
(a)
omit “making the order or another county court”, and
(b)
for “county courts” substitute “the county court”.
100
In paragraph 4 of Schedule 14 to the Leasehold Reform, Housing and Urban
15
Development Act 1993 omit “or another county court”.
101
In section 194(10) of the Legal Services Act 2007 in the definition of “civil
court” as originally enacted and as substituted by section 61 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2007 for “any county”
substitute “the county”.
20
102
In section 35(3) of the Limitation Act 1980 for “any county” substitute “the
county”.
103
In paragraph (a) of the second sentence in section 1(1) of the Litigants in
Person (Costs and Expenses) Act 1975 before “in a county court” insert “in
England and Wales in the county court or in Northern Ireland”.
25
104
In sections 62(1) and 87(2) of the Local Government Act 1948 omit “for the
county court district in which the property in question is situated”.
105
In the London Building Acts (Amendment) Act 1939 (c. xcvii)—
(a)
in section 103(2) for “such court”, in both places, substitute “that
court”, and
30
(b)
in section 107(1) omit “of the district in which the premises are
situate”.
106
In Schedule 1 to the London Local Authorities Act 1996 (c. ix)—
(a)
in paragraph 9(1) for “if a county” substitute “if the county”,
(b)
in paragraph 10(1)(a) for “a county” substitute “the county”, and
35
(c)
in paragraph 10(1)(c) omit “which made the order”.
107
In section 64(2)(b) of the London Local Authorities Act 2007 (c. ii) for “if a
county” substitute “if the county”.
108
In paragraph 7 of Schedule 1 to the London Local Authorities and Transport
for London Act 2003 (c. iii) until its repeal by the Traffic Management Act
40
2004 is fully in force—
(a)
in sub-paragraph (1)(c) omit “which made the order”,
(b)
in sub-paragraph (5) for “a district judge” substitute “the county
court”,