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
145

(c)
in sub-paragraphs (6), (7) and (8)(d) for “district judge” substitute
“county court”, and
(d)
in sub-paragraph (7) for “he” substitute “the court”.
109
In section 25 of the London Overground Wires &c. Act 1933 (c. xliv) for “any
county court having otherwise jurisdiction in the matter” substitute “the
5
county court”.
110
In paragraph 8(3) of Schedule 3B to the Medical Act 1983 after “made” insert
“in England and Wales to the county court or, in Northern Ireland,”.
111
In paragraph 28 of Schedule 3 to the Medicines Act 1968 after sub-paragraph
(2) insert—
10
“(2A)
For the purposes of this paragraph, England and Wales is to be
treated as the district of the county court in England and Wales.”
112
In section 31 of the Mental Health Act 1983 for “County court rules”
substitute “rules of court”.
113
In section 5(1) of the Mobile Homes Act 1983, in paragraph (a) of the
15
definition of “the court”, omit “for the district in which the protected site is
situated”.
114
In section 73 of the Offices, Shops and Railway Premises Act 1963—
(a)
in subsections (1) and (2) for “county court within whose jurisdiction
the premises are situate” substitute “court”, and
20
(b)
for subsection (3) substitute—
“(3)
In subsections (1) and (2) “the court”, in relation to any
premises, means—
(a)
the county court if the premises are in England and
Wales, or
25
(b)
if the premises are in Scotland, the sheriff within
whose jurisdiction the premises are situate.”
115
In section 4(2) of the Open Spaces Act 1906 after “shall” insert “in England
and Wales be either the High Court or the county court and, in Northern
Ireland, shall”.
30
116
In sections 10(7), 29(4) and 29A(1) of the Osteopaths Act 1993—
(a)
after “may appeal” insert “in England and Wales to the county court
or in Northern Ireland”, and
(b)
before “the sheriff” insert “to”.
117
In paragraphs 4(4) and 12(4) of Schedule 4 to the Parliamentary Standards
35
Act 2009 for “a county court” substitute “the county court in England and
Wales or a county court in Northern Ireland”.
118
In section 23(2) of the Partnership Act 1890 for “or a county court,” substitute
“or the county court in England and Wales or a county court in Northern
Ireland,”.
40
119
In section 152 of the Pension Schemes Act 1993—
(a)
in subsection (1)(a) for “county courts” substitute “the county court”,
and
(b)
in subsection (2) for “the county court rules” substitute “rules of
court”.
45

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments
146

120
In paragraph 11(2) of Schedule 3 to the Plant Varieties Act 1997 for “the
county court rules” substitute “rules of court”.
121
In the Political Parties, Elections and Referendums Act 2000—
(a)
in section 48(12)(a) for “or” substitute “means the county court and,
in”,
5
(b)
in sections 77(4), 92(4) and 115(4) after “may apply” insert “in
England and Wales to the High Court or the county court or, in
Northern Ireland,”,
(c)
in sections 77(12) and 92(8) for the words after “In” substitute “its
application to Gibraltar, subsection (4) has effect as if for the words
10
between “apply” and “leave” there were substituted “to the Gibraltar
court for”.”, and
(d)
in paragraphs 2(7), 6(7), 9(4) and 13(3) of Schedule 19C after “is to”
insert “(in England and Wales) the county court or (in Northern
Ireland)”.
15
122
Omit section 9(2) of the Protection from Eviction Act 1977 (exercise of
jurisdiction by district judges).
123
In section 9(5) of the Protection of Children Act 1999 after “imposed” insert
“in England and Wales by the county court or in Northern Ireland”.
124
In section 32(10) of the Public Audit (Wales) Act 2004 for “courts” substitute
20
“court”.
125
In paragraph 6(2)(a) of Schedule A1 to the Regulation of Investigatory
Powers Act 2000 for “a county court” substitute “the county court in England
and Wales or a county court in Northern Ireland”.
126
In section 104(1) of the Road Traffic Act 1988 (conduct of proceedings)—
25
(a)
for “before the registrar of a” substitute “the”, and
(b)
after “may” insert “, except in the county court if rules of court
provide otherwise,”.
127
In section 113(3) of the Settled Land Act 1925 for “any county” substitute “the
county”.
30
128
In paragraph 9(3)(a) of Schedule 5 to the Social Security Act 1989 for “such
a” substitute “that”.
129
In paragraph 3(1) of Schedule 4 to the Social Security Contributions
(Transfer of Functions, etc.) Act 1999 after “proceedings” insert “in England
and Wales in the county court or in Northern Ireland”.
35
130
In the Solicitors Act 1974—
(a)
in section 61(6) for “any county” substitute “the county”,
(b)
in section 68(2) for “that county” substitute “the county”, and
(c)
in section 69(3) for “any county court in which any part of the
business was done” substitute “the county court”.
40
131
In section 61(3)(a) of the Taxation of Chargeable Gains Act 1992 for “county
courts” substitute “the county court”.
132
In section 66(1) of the Taxes Management Act 1970 after “proceedings” insert
“in England and Wales in the county court or in Northern Ireland”.
133
In the Torts (Interference with Goods) Act 1977—
45

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 3 — Further amendments
147

(a)
in section 4(4)—
(i)
for “under section”, in the first place, substitute “for the High
Court in England and Wales”,
(ii)
omit “84 of the Senior Courts Act 1981”, and
(iii)
omit “99 of the Supreme Court of Judicature (Consolidation)
5
Act 1925”,
(b)
in section 4(5)—
(i)
after “in relation to county courts” insert “in Northern
Ireland”,
(ii)
after “High Court” insert “in Northern Ireland”, and
10
(iii)
omit “84”, “99”, “of the said Act of”, “1981”, “1925”, “section
or” and “section 75 of the County Courts Act 1984 or”,
(c)
in section 4 after subsection (5) insert—
“(6)
Subsections (1) to (4) have effect in relation to the county
court in England and Wales as they have effect in relation to
15
the High Court in England and Wales.”,
(d)
in section 9(3) and (4) after “brought” insert “in England and Wales
in the county court or in Northern Ireland”,
(e)
in section 9(3)—
(i)
before “county court rules” insert “rules of court or”, and
20
(ii)
for “same county” substitute “same”, and
(f)
in section 13(3) for the words from the beginning to “if” substitute “In
this section “the court”, in relation to England and Wales, means the
High Court or the county court and, in relation to Northern Ireland,
means the High Court or a county court, save that a county court in
25
Northern Ireland has jurisdiction in the proceedings only if”.
134
In section 75(1) of the Trade Marks Act 1994 for “or a county court having”
substitute “, or the county court where it has”.
135
In section 82(2)(b) of the Traffic Management Act 2004 for “if a county”
substitute “if the county”.
30
136
In the Tribunals, Courts and Enforcement Act 2007—
(a)
in section 121(8) for paragraphs (a) and (b) substitute—
“(aa)
in relation to an administration order or an
enforcement restriction order: the county court;”, and
(b)
omit sections 123(6) and 131(2), and paragraph 79(2)(b) of Schedule
35
13.
137
In section 67(2) of the Trustee Act 1925 for “county courts” substitute “the
county court”.
138
In section 11(1)(a) of the UK Borders Act 2007 for “a county court, in England
and Wales or” substitute “the county court in England and Wales or a county
40
court in”.
139
In section 5CE(5)(a) of the Veterinary Surgeons Act 1966 for “a county court”
substitute “the county court in England and Wales or a county court in
Northern Ireland”.
140
In paragraph 11(1) of Schedule 15 to the Water Resources Act 1991 omit “for
45
the area in which the land or any part of it is situated”.

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 1 — Establishment of the family court
148

Part 4
Consequential repeals
141
The provisions specified in the Table are repealed to the extent shown.

Reference
Extent of repeal

Literary and Scientific
In section 30, “the judge of” and “aforesaid”.

5

Institutions Act 1854 (c. 112)

Hovercraft Act 1968 (c. 59)
In section 2(1), “27 to 29,”.

Senior Courts Act 1981 (c. 54)
In Schedule 5, the entry for the Torts

(Interference with Goods) Act 1977.

County Courts Act 1984 (c. 28)
In Schedule 2, paragraph 64.

10

Administration of Justice Act
Section 51(1).

1985 (c. 61)
In Schedule 7, paragraph 7(b).

Courts and Legal Services Act
Section 74(4) and (5).

1990 (c. 41)
In Schedule 18, in paragraph 49(3), “27(6),”.

Merchant Shipping (Salvage
In Schedule 2, paragraph 7.

15

and Pollution) Act 1994

(c. 28)

Merchant Shipping Act 1995
In Schedule 13, paragraph 7(2) and (4).

(c. 21)

Civil Procedure Act 1997 (c. 12)
In Schedule 2, paragraph 2(4).

20

Constitutional Reform Act 2005
In Schedule 4, paragraphs 161, 162(2), 163, 166,

(c. 4)
200 and 201.

Tribunals, Courts and
In Schedule 11, paragraph 6.

Enforcement Act 2007 (c. 15)

Legal Services Act 2007 (c. 29)
In Schedule 16, paragraph 69(a).

25

Access to Justice Act 1999
Article 9(1) and (2).

(Destination of Appeals)

(Family Proceedings) Order

2009 (S.I. 2009/871)

Schedule 10
30
Section 16

The family court
Part 1
Establishment of the family court
1
In the Matrimonial and Family Proceedings Act 1984 after section 31A

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 1 — Establishment of the family court
149

(which is inserted by section 16) insert—
“31B
Sittings
(1)
Sittings of the family court may be held, and any other business of
the family court may be conducted, at any place in England and
Wales.
5
(2)
Sittings of the family court at any place may be continuous or
intermittent or occasional.
(3)
Sittings of the family court may be held simultaneously to take any
number of different cases in the same place or different places, and
the court may adjourn cases from place to place at any time.
10
(4)
The places at which the family court sits, and the days and times at
which it sits in any place, are to be determined in accordance with
directions given by the Lord Chancellor after consulting the Lord
Chief Justice.
(5)
The Lord Chief Justice may nominate a judicial office holder (as
15
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise functions of the Lord Chief Justice under this section.
31C
Judges
(1)
A person is a judge of the family court if the person—
(a)
is the Lord Chief Justice,
20
(b)
is the Master of the Rolls,
(c)
is the President of the Queen’s Bench Division,
(d)
is the President of the Family Division,
(e)
is the Chancellor of the High Court,
(f)
is an ordinary judge of the Court of Appeal (including the
25
vice-president, if any, of either division of that court),
(g)
is the Senior President of Tribunals,
(h)
is a puisne judge of the High Court,
(i)
is a deputy judge of the High Court,
(j)
is a Circuit judge,
30
(k)
is the Judge Advocate General,
(l)
is a Recorder,
(m)
holds an office listed—
(i)
in the first column of the table in section 89(3C) of the
Senior Courts Act 1981 (senior High Court Masters
35
etc), or
(ii)
in column 1 of Part 2 of Schedule 2 to that Act (High
Court Masters etc),
(n)
is a district judge (which, by virtue of section 8(1C) of the
County Courts Act 1984, here includes a deputy district judge
40
appointed under section 8 of that Act),
(o)
is a deputy district judge appointed under section 102 of the
Senior Courts Act 1981,
(p)
is a Chamber President, or a Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
45
tier Tribunal,

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 1 — Establishment of the family court
150

(q)
is a judge of the Upper Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
and Enforcement Act 2007,
(r)
is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),
5
(s)
is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),
(t)
is a judge of the First-tier Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 2 to that Act,
(u)
is a transferred-in judge of the First-tier Tribunal (see section
10
31(2) of that Act),
(v)
is a member of a panel of Employment Judges established for
England and Wales or for Scotland,
(w)
is a person appointed under section 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1951 (assistants to the Judge
15
Advocate General),
(x)
is a District Judge (Magistrates’ Courts), or
(y)
is a justice of the peace who is not a District Judge
(Magistrates’ Courts),

but see also section 9 of the Senior Courts Act 1981 (certain ex-judges
20
may act as judges of the family court).
(2)
A decision of the family court, if made by or by persons who
include—
(a)
a judge within subsection (1)(a) to (i),
(b)
a person who has been a judge of the Court of Appeal, or
25
(c)
a person who has been a puisne judge of the High Court,

is (so far as relevant) to be followed by a judge within subsection
(1)(j) to (y), and by a legal adviser or assistant legal adviser, when
carrying out functions of the family court unless doing so with a
person within paragraphs (a) to (c) of this subsection.
30
(3)
A fee-paid, or unsalaried, part-time judge of the family court may not
act as a judge of the court in relation to any proceedings in the court
in which the judge, or a partner or employer of the judge, or a body
of which the judge is a member or officer, or a body of whose
governing body the judge is a member, is directly or indirectly
35
engaged as legal representative or agent for any party.
(4)
In this section “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
40
Act).
31D
Composition of the court and distribution of its business
(1)
Rules may be made in accordance with Part 1 of Schedule 1 to the
Constitutional Reform Act 2005 (process for making designated
rules) about—
45
(a)
the composition of the family court, and
(b)
the distribution of business of the family court among judges
of the court.
(2)
Rules about the composition of the family court may in particular—

Crime and Courts Bill [HL]
Schedule 10 — The family court
Part 1 — Establishment of the family court
151

(a)
provide for the court to be constituted differently for the
purpose of deciding different matters;
(b)
make provision about who is to preside where the court is
composed of more than one judge.
(3)
Rules about the distribution of business of the family court may in
5
particular—
(a)
prohibit specified judges from conducting specified business;
(b)
prohibit judges from conducting specified business unless
authorised to do so by a specified judicial office holder;
(c)
prohibit specified judges from conducting business, or
10
specified business, unless authorised to do so by a specified
judicial office holder;
(d)
prohibit specified judges from exercising specified powers of
the court.
(4)
In subsection (3)—
15
“judge” does not include a judge within section 31C(1)(a) to (i);
“specified” means specified in, or of a description specified in,
rules under this section.
(5)
Rules under this section—
(a)
may confer powers on the Lord Chief Justice or on a judicial
20
office holder;
(b)
may be made only after consultation with the Family
Procedure Rule Committee.
(6)
Family Procedure Rules are subject to rules under this section.
(7)
The Lord Chief Justice’s power under paragraph 2(2)(b) of Schedule
25
1 to the Constitutional Reform Act 2005 to nominate a judicial office
holder to make rules under this section includes power to nominate
different judicial office holders to make rules under this section for
different purposes.
(8)
Paragraph 5 of that Schedule (duty to make rules to achieve purpose
30
specified by Lord Chancellor) does not apply in relation to rules
under this section.
(9)
In this section “judicial office holder” has the meaning given by
section 109(4) of that Act.
(10)
No proceedings in the family court are to be with a jury.
35
31E
Family court has High Court and county court powers
(1)
In any proceedings in the family court, the court may make any
order—
(a)
which could be made by the High Court if the proceedings
were in the High Court, or
40
(b)
which could be made by the county court if the proceedings
were in the county court.
(2)
In its application to a power of the High Court to issue a writ directed
to an enforcement officer, subsection (1)(a) gives the family court
power to issue a warrant, directed to an officer of the family court,
45