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 2 — Other amendments

108

 

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”,

(b)   

omit “of the district in which the principal building of the institution

shall be situated,”, and

5

(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

respect of illegal inclosures)—

(a)   

for the words before “shall have jurisdiction” substitute “The county

10

court”, and

(b)   

for “upon such” substitute “upon any”.

Bankers’ Books Evidence Act 1879 (c. 11)

14         

In section 10 (interpretation) for “The judge of a county court” substitute “A

judge of the county court”.

15

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)—

(a)   

in the first sentence, for the words after “contents of such bill of sale

to the” substitute “county court”, and

20

(b)   

in the second sentence omit the words between “indexed by the” and

“county court”.

Law of Distress Amendment Act 1888 (c. 21)

16         

In section 7 of the Law of Distress Amendment Act 1888 (distress to be levied

by certified bailiffs)—

25

(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”.

Law of Distress Amendment Act 1895 (c. 24)

17         

In section 1 of the Law of Distress Amendment Act 1895—

30

(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”.

Stannaries Court (Abolition) Act 1896 (c. 45)

18    (1)  

The Stannaries Court (Abolition) Act 1896 is amended as follows.

35

      (2)  

In section 1(1) (abolition of Vice-Warden’s Court) omit the words from “and

be exercised” to the end.

 
 

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

109

 

      (3)  

In section 1 after subsection (1) insert—

“(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

5

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”.

10

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

15

“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.

20

      (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

25

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”

30

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).

35

Attachment of Earnings Act 1971 (c. 32)

25    (1)  

The Attachment of Earnings Act 1971 is amended as follows.

 
 

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

110

 

      (2)  

In section 1(2) for “A county court may” substitute “The county court may”.

      (3)  

In that Act except section 1 (but subject to any specific amendments or

repeals made by or under this Act in that Act)—

(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”.

5

      (4)  

In section 6(7)(a)(i) for “such county court as the order may specify”

substitute “the county court if the order so specifies”.

      (5)  

In section 23 (enforcement provisions)—

(a)   

in subsections (1) and (1A), in each place, for “the judge” substitute

“the court”,

10

(b)   

in subsection (1A) for “he” substitute “the court”,

(c)   

in subsection (3) for “the county court judge” substitute “by the

county court”,

(d)   

in subsection (4) after “judge” insert “or court”,

(e)   

in subsection (7)—

15

(i)   

for “a county court judge” substitute “by the county court”,

and

(ii)   

after “the judge” insert “or court”,

(f)   

in subsection (8) for “a county court judge”, in each place, substitute

“the county court”, and

20

(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

courts” substitute “the county court”.

Solicitors Act 1974 (c. 47)

25

26         

In section 74 (assessment of county court costs)—

(a)   

in subsection (1) for “a county court” substitute “the county court”,

and

(b)   

omit subsection (2) (district judge to be costs officer).

Patents Act 1977 (c. 37)

30

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)

28         

In section 10(6) (definitions) for paragraph (b) of the definition of “officer of

a court” substitute—

35

“(b)   

any officer of the county court.”

Senior Courts Act 1981 (c. 54)

29         

In section 51 of the Senior Courts Act 1981 (costs)—

(a)   

in subsection (1)(c) (costs of county court proceedings) for “any”

substitute “the”, and

40

(b)   

in subsection (8)(b) for “a county court” substitute “the county

court”.

 
 

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

111

 

Copyright, Designs and Patents Act 1988 (c. 48)

30    (1)  

The Copyright, Designs and Patents Act 1988 is amended as follows.

      (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).

5

Courts and Legal Services Act 1990 (c. 41)

31         

The Courts and Legal Services Act 1990 is amended as follows.

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

10

has”.

      (3)  

In subsection (1)(b) and (c) for “county courts” substitute “the county court”.

      (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

15

county court”.

      (7)  

In the title for “county courts” substitute “county court”.

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”.

20

      (3)  

In subsection (5) for “a court” substitute “the county court”.

      (4)  

In subsection (6) for “any county court” substitute “the county court”.

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

25

courts” substitute “the county court”.

Vehicle Excise and Registration Act 1994 (c. 22)

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)

30

37    (1)  

The Housing Act 1996 is amended as follows.

      (2)  

In section 143N(1) (demoted tenancies: jurisdiction of county court) for “A

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—

35

“(b)   

where the injunction was granted by the county court,

a judge of that court;”.

 
 

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

112

 

      (4)  

In paragraph 1(2) of Schedule 15 (interpretation of Schedule)—

(a)   

for “a county”, in both places, substitute “the county”, and

(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

5

(invalid enforcement notice in respect of penalty charge related to bus

lane)—

(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

10

court”,

(d)   

in sub-paragraph (4)—

(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”.

15

Protection from Harassment Act 1997 (c. 40)

39         

In section 3 of the Protection of Harassment Act 1997 (civil remedy)—

(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

20

(c)   

in subsection (5) omit “or district judge” in both places.

Courts Act 2003 (c. 39)

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”,

25

(b)   

in section 64(2) for “District judge for a county court district”

substitute “District judge of the county court”,

(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

30

(ii)   

in paragraph (b) for the words after “application” substitute

“remained unexecuted in the hands of a person charged with

its execution.”

Traffic Management Act 2004 (c. 18)

41         

In section 83(1) of the Traffic Management Act 2004 (certificated bailiffs) as

35

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

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

40

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

113

 

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 — Consequential repeals

114

 

      (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)  

In section 43(7)(b) (meaning of “relevant judge”)—

10

(a)   

for “a county” substitute “the county”, and

(b)   

for “or district judge of that or any other county” substitute “of that”.

      (3)  

Omit section 48(1) (rules may make provision about exercise of county court

jurisdiction).

      (4)  

In paragraph 1(2) of Schedule 5 (meaning of “the court”)—

15

(a)   

for “a county”, in both places, substitute “the county”, and

(b)   

omit “or district judge”.

Part 3

Consequential repeals

52         

The provisions specified in the Table are repealed to the extent shown.

20

 

Reference

Extent of repeal

 
 

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),”.

 

25

 

Merchant Shipping (Salvage

In Schedule 2, paragraph 7.

 
 

and Pollution) Act 1994

  
 

(c. 28)

  
 

Merchant Shipping Act 1995

In Schedule 13, paragraph 7(2) and (4).

 
 

(c. 21)

  

30

 

Civil Procedure Act 1997 (c. 12)

In Schedule 2, paragraph 2(4).

 
 

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)

  

35

 
 

 
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Revised 11 May 2012