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
101

      (9)
Omit section 37(2).
     (10)
Omit section 40(4) (transfer of proceedings to particular county courts).
     (11)
In section 45(1) (costs in transferred cases)—
(a)
in paragraph (b) for “Court; or” substitute “Court,”, and
(b)
omit paragraph (c).
5
     (12)
In section 55—
(a)
in subsection (1) for “judge” substitute “court”,
(b)
in subsection (2) for “A judge” substitute “The court”,
(c)
in subsection (4) for “judge may at his” substitute “the court may at
its”, and
10
(d)
omit subsection (4A).
     (13)
In section 57(1)—
(a)
for “judge may, if he” substitute “court may, if it”, and
(b)
omit “under his hand”.
     (14)
In section 58(1)—
15
(a)
for paragraph (a) substitute—
“(a)
a judge of the county court; or”, and
(b)
for paragraph (c) substitute—
“(c)
an officer of the county court appointed by a judge of
the county court for the purpose,”.
20
     (15)
In section 58(2) for the words from “sworn” (where it first appears) to “such”
substitute “sworn before any such judge or”.
     (16)
In section 60(2) (rights of audience in certain housing cases) for the words
after paragraph (b) substitute—

“then, except where rules of court provide otherwise, any officer of
25
the authority authorised by the authority for the purpose may
address the court.”
     (17)
In section 60A(2) (rights of audience of employees of housing management
bodies: proceedings to which section applies) for “before a district judge
which” substitute “that are not excluded by rules of court and”.
30
     (18)
In section 61(3) for “every county court or as respects a specified county
court or” substitute “every place where the county court sits or”.
     (19)
In section 62 for “the judge” substitute “a judge”.
     (20)
In section 63—
(a)
in subsection (1) as substituted by the Courts and Legal Services Act
35
1990 for “a judge” substitute “in the county court a judge of the
court”,
(b)
in subsection (1) as having effect pending that substitution for “the
judge” substitute “in the county court a judge of the court”,
(c)
in subsection (2) as so substituted after “a judge” insert “of the county
40
court”,
(d)
omit subsections (2A) and (2B),
(e)
in subsection (3) for “judge” substitute “court”, and
(f)
in subsection (4) as having effect pending its being so substituted—

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
102

(i)
for “the judge” substitute “a judge”, and
(ii)
omit “by the district judge”.
     (21)
In section 64(1)(a) and (2)(a) after “proceedings” insert “in the county court”.
     (22)
In section 64(3) and (4) for “judge” substitute “court”.
     (23)
In section 64(4) for each of “he” and “him” substitute “it”.
5
     (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),
10
(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”,
15
(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.”
20
     (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
25
(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”,
30
(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
35
“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”.
40
     (33)
In section 83(2) (judge to adjourn stayed proceedings)—
(a)
omit “the judge of”, and
(b)
for “he” substitute “the court”.

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
103

     (34)
In section 84 (prohibition)—
(a)
in subsection (1) for “any county court” substitute “the county court”,
(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
5
(c)
in subsection (2) in the words after paragraph (b)—
(i)
for “the judge” substitute “a judge of the county court”, and
(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
10
court,”,
(b)
in subsection (2) for “the district of the court” substitute “England
and Wales”, and
(c)
in subsection (3) omit “to the registrar” and “by him”.
     (36)
In section 87 (execution to be suspended on payment)—
15
(a)
in subsection (1) for “registrar” substitute “court”, and
(b)
in subsection (2) omit “the registrar of” and “from which the warrant
is issued”.
     (37)
In section 90 (custody of goods seized) for “registrar”, in both places,
substitute “court”.
20
     (38)
In section 91 (disposal of securities seized) for “registrar” substitute “county
court”.
     (39)
In section 92 (penalty for rescuing goods seized)—
(a)
in subsection (1) for “judge”, in both places, substitute “county
court”,
25
(b)
in subsection (1) for “a bailiff” substitute “an officer”, and
(c)
in subsection (2) for “The judge” substitute “A judge of the county
court”.
     (40)
In section 95 (appointment of brokers, appraisers etc)—
(a)
in subsections (1) and (2) for “The registrar” substitute “A judge of
30
the county court”, and
(b)
in subsection (3) for “The judge or registrar” substitute “A judge of
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”.
35
     (42)
In section 97 (sale under execution)—
(a)
for “registrar”, in each place, substitute “court”, and
(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)—
40
(a)
in subsection (1) in the words before paragraph (a) for “registrar or
other officer”, in both places, substitute “person”,
(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
45
who sold the goods”.

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
104

     (44)
In section 99 (effect of warrants of execution) as having effect until replaced
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”,
5
(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”.
10
     (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)—
15
(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)—
20
(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”.
25
     (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”,
30
(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
35
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”,
40
(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”,
45
(e)
in section 114(2)—

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
105

(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,
stay the proceedings”,
5
(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
10
(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)”,
15
(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”).
20
     (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”,
25
(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)—
30
(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
35
“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”.
40
     (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”.
45

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
106

     (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 126(1) (actions against bailiffs acting under warrants) for
5
“registrar” substitute “county court”.
     (62)
In section 129 (enforcement of fines)—
(a)
for “any court” substitute “the county court”, and
(b)
for “judge” substitute “court”.
     (63)
In section 131 (appointment of auditors etc) for “county courts” substitute
10
“the county court”.
     (64)
In section 132 (payment of salaries and expenses)—
(a)
in paragraph (b) for “courts and” substitute “the county court and
its”, and
(b)
in paragraphs (c) and (d) for “courts”, in each place, substitute
15
“county court”.
     (65)
In section 133 (proof of service) for “a court”, in both places, substitute “the
court”.
     (66)
In section 137(2) (lessee’s failure to give notice) for “any county court or”
substitute “the county court or any”.
20
     (67)
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
commenced in the High Court, would involve the
25
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”,
(e)
omit the definition of “judge”,
30
(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”,
(h)
omit the definition of “probate proceedings”, and
35
(i)
omit the definition of “registrar” and “registrar of a county court”.
     (68)
In Schedule 1 (replevin)—
(a)
in paragraph 1(2)—
(i)
for “The registrar for the district in which any goods subject
to replevin are taken” substitute “Where any goods subject to
40
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)—
(i)
for “registrar having power in the matter” substitute “county
45
court”, and

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 2 — Other amendments
107

(ii)
for “registrar thinks” substitute “court thinks”.
     (69)
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.”
5
     (70)
In paragraph 7 of Schedule 3 (references to high bailiffs) for “registrar”
substitute “judge of the county court”.
Part 2
Other amendments
General modification
10
11    (1)
In relevant legislation, but subject to any amendments or repeals made by or
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
15
by section A1 of that Act, and
(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
20
such a county court) is—
(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.
25
      (2)
Sub-paragraph (1)(b) does not apply to a reference to a holder of a particular
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—
30
(a)
an Act passed no later than the end of the Session in which this Act
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
35
an Act or Measure of the National Assembly for Wales (including a
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)
40
but after having been approved in draft before the coming
into force of that sub-paragraph by at least one House of
Parliament or by the National Assembly for Wales.