(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) 5for “A county court”, in each place, substitute “The county court”.

(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
10“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”,

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

(e) 15in subsection (7)—

(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
20“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
courts” substitute “the county court”.

25Solicitors Act 1974 (c. 47)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

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

30Patents Act 1977 (c. 37)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)Criminal Law Act 1977 (c. 45)

28 In section 10(6) (definitions) for paragraph (b) of the definition of “officer of
35a court” substitute—

• “( b)

  any officer of the county court.”

Senior Courts Act 1981 (c. 54)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”
40substitute “the”, and

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

Copyright, Designs and Patents Act 1988 (c. 48)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) 5Omit sections 287 to 289 and 291 (patents county court).

Courts and Legal Services Act 1990 (c. 41)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) 10In 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”.

(4) In subsection (1)(e) and (g) for “a” substitute “the”.

(5) Omit subsections (4) to (6) (jurisdiction of particular county courts).

(6) 15In subsections (7)(a)(ii) and (10) for “any county court” substitute “the
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) 20For “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”.

34 In section 15(3) (costs of previous steps to enforce a judgment or order) for
“a county court” substitute “the county court”.

35 25In section 71(3)(e) (meaning of “county court qualification”) for “county
courts” substitute “the county court”.

Vehicle Excise and Registration Act 1994 (c. 22)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”.

30Housing Act 1996 (c. 52)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
county” substitute “The county”.

(3) In section 158(1) (interpretation of Chapter 3 of Part 5) in the definition of
35“relevant judge” for paragraph (b) substitute—

• “( b)

  where the injunction was granted by the county court,
  a judge of that court;”.

(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 5In paragraph 10 of Schedule 1 to the London Local Authorities Act 1996
(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) 10in sub-paragraph (3) for “a district judge” substitute “the county
court”,

(d) in sub-paragraph (4)—

(i) for “district judge” substitute “county court”, and

(ii) for “he” substitute “the court”, and

(e) 15in sub-paragraph (5) for “district judge” substitute “county court”.

Protection from Harassment Act 1997 (c. 40)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”
20substitute “of that”, and

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

Courts Act 2003 (c. 39)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
25courts” substitute “the county court”,

(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) 30in 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
its execution.”

Traffic Management Act 2004 (c. 18)Traffic Management Act 2004 (c. 18)

41 35In 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
of the county court.”

Constitutional Reform Act 2005 (c. 4)Constitutional Reform Act 2005 (c. 4)

42 40In section 7(4) of the Constitutional Reform Act 2005 (courts of which Lord
Chief Justice is president) for “county courts” substitute “county court”.

Companies Act 2006 (c. 46)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) 5omit subsections (3) and (4) (power to provide for jurisdiction of
county courts under the Act to be exercisable only by some courts).

Police and Justice Act 2006 (c. 48)Police and Justice Act 2006 (c. 48)

44 In section 27(12) of the Police and Justice Act 2006 (interpretation of
section)—

(a) 10for “a county”, in both places, substitute “the county”, and

(b) omit “or district judge”.

Tribunals, Courts and Enforcement Act 2007 (c. 15)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
15“section—” to the end substitute “section by a judge of the county court.”

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
20county court”.

(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) 25Omit section 112AA(3) and (4) (meaning of “proper county court”).

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) 30Omit “proper”, in each place.

(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) 35Omit section 117K(6) (district judge may exercise powers of judge).

(8) In section 117R(3) omit “, or another court whilst it was previously the
proper county court,”.

(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 5In section 65(1) of the London Local Authorities Act 2007 (certificated
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)Policing and Crime Act 2009 (c. 26)

51 (1) The Policing and Crime Act 2009 is amended as follows.

(2) 10In section 43(7)(b) (meaning of “relevant judge”)—

(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) 15In 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 Consequential repeals

52 20The provisions specified in the Table are repealed to the extent shown.

Section 17

SCHEDULE 10 The family court

Part 1 Establishment of the family court

1 5In the Matrimonial and Family Proceedings Act 1984 after section 31A
(which is inserted by section 17) 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
10Wales.

(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
15the court may adjourn cases from place to place at any time.

(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) 20The Lord Chief Justice may nominate a judicial office holder (as
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) 25is the Lord Chief Justice,

(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) 30is an ordinary judge of the Court of Appeal (including the
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) 35is a Circuit judge,

(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
40Senior Courts Act 1981 (senior High Court Masters
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
appointed under section 8 of that Act),

(o) is a deputy district judge appointed under section 102 of the
5Senior 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-
tier Tribunal,

(q) is a judge of the Upper Tribunal by virtue of appointment
10under 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),

(s) is a deputy judge of the Upper Tribunal (whether under
15paragraph 7 of Schedule 3, 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
31(2) of that Act),

(v) 20is a member of a panel of chairmen of employment tribunals
established for England and Wales,

(w) is a person appointed under section 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1951 (assistants to the Judge
Advocate General),

(x) 25is 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
may act as judges of the family court).

(2) 30A 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

(c) a person who has been a puisne judge of the High Court,

35is (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.

(3) Subject to subsection (4), no judge or officer of the family court, and
40no partner or employer of a judge or officer of the family court, may
be directly or indirectly engaged as legal representative or agent for
any party in any proceedings in the court.

(4) Subsection (3) does not apply to a fee-paid, or unsalaried, part-time
judge of the family court or to a partner or employer of such a judge,
45but such a judge 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, is directly or indirectly engaged as legal representative
or agent for any party.

(5) In this section “legal representative” means a person who, for the
50purposes 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
Act).

31D Composition of the court and distribution of its business

(1) 5Rules may be made in accordance with Part 1 of Schedule 1 to the
Constitutional Reform Act 2005 (process for making designated
rules) about—

(a) the composition of the family court, and

(b) the distribution of business of the family court among judges
10of the court.

(2) Rules about the composition of the family court may in particular—

(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
15composed of more than one judge.

(3) Rules about the distribution of the business of the family court may
in particular—

(a) prohibit specified judges from conducting specified business;

(b) prohibit judges from conducting specified business unless
20authorised to do so by a specified judicial office holder;

(c) prohibit specified judges from conducting business, or
specified business, unless authorised to do so by a specified
judicial office holder;

(d) prohibit specified judges from exercising specified powers of
25the court.

(4) In subsection (3)—

• “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) 30Rules under this section—

(a) may confer powers on the Lord Chief Justice or on a judicial
office holder;

(b) may be made only after consultation with the Family
Procedure Rule Committee.

(6) 35Family Procedure Rules are subject to rules under this section.

(7) The Lord Chief Justice’s power under paragraph 2(2)(b) of Schedule
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
40different purposes.

(8) In this section “judicial office holder” has the meaning given by
section 109(4) of that Act.

(9) No proceedings in the family court are to be with a jury.

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
5were in the High Court, or

(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
10power to issue a warrant, directed to an officer of the family court,
containing provision corresponding to any that might be contained
in the writ.

(3) Subsection (1) is subject to section 38(3) of the County Courts Act
1984.

(4) 15Subsection (1) is without prejudice to, and not limited by, any other
powers of the family court.

(5) The Lord Chancellor may by regulations make provision, about or in
connection with the effect or execution of warrants issued by the
family court for enforcing any order or judgment enforceable by the
20court, that corresponds to any provision applying in relation to the
effect or execution of writs issued by the High Court, or warrants
issued by the county court, for the purpose of enforcing any order or
judgment enforceable by that court.

31F Proceedings and decisions

(1) 25The family court may adjourn a hearing, and may do so at any time
including a time before the hearing has begun.

(2) Any order made by the family court—

(a) may be absolute or conditional;

(b) may be final or interim;

(c) 30may, subject to rules of court, be made without taking
evidence.

(3) Every judgment and order of the family court is, except as provided
by this or any other Act or by rules of court, final and conclusive
between the parties.

(4) 35Where the family court has power to require the doing of anything
other than the payment of money, or to prohibit the doing of
anything, an order of the court made in exercising the power may
contain provision—

(a) as to the manner in which anything is to be done,

(b) 40as to the time within which anything is to be done,

(c) as to the time during which anything is not to be done, and

(d) generally for giving effect to the order.

(5) Where the family court has power to require the payment of money,
an order of the court made in exercising the power may allow time
45for payment or order payment by instalments; and where the court
has ordered payment by instalments and default is made in the

payment of any one instalment, proceedings may be taken as if the
default had been made in the payment of all the instalments then
unpaid.

(6) The family court has power to vary, suspend, rescind or revive any
5order made by it, including—

(a) power to rescind an order and re-list the application on
which it was made,

(b) power to replace an order which for any reason appears to be
invalid by another which the court has power to make, and

(c) 10power to vary an order with effect from when it was
originally made.

(7) Subject to rules of court, the family court may proceed in the absence
of one, some or all of the parties.

(8) The family court has the same power to enforce an undertaking
15given by a solicitor in relation to any proceedings in that court as the
High Court has to enforce an undertaking given by a solicitor in
relation to any proceedings in the High Court.

(9) In any case not expressly provided for by or in pursuance of this or
any other Act, the general principles of practice in the High Court
20may be adopted and applied to proceedings in the family court.

31G Witnesses and evidence

(1) Subsection (2) applies where the family court is satisfied that a
person in England and Wales is likely to be able to give material
evidence, or produce any document or thing likely to be material
25evidence, in proceedings in the court.

(2) The court may, if it is satisfied that it is in the interests of justice to do
so, issue a summons—

(a) requiring the person to attend before the court, at the time
and place specified in the summons, to give evidence,

(b) 30requiring the person to attend before the court, at the time
and place specified in the summons, to produce the
document or thing, or

(c) requiring the person to produce the document or thing to the
court.

(3) 35Subsection (4) applies where without just excuse—

(a) a person fails to attend before the court in answer to a
summons under subsection (2)(a) or (b),

(b) a person fails to produce a document or thing in answer to a
summons under subsection (2)(b) or (c), or

(c) 40a person attending before the court, whether or not in answer
to a summons under subsection (2), refuses to be sworn or
give evidence.

(4)
The court may—

(a) commit the person to custody until the expiry of a period not
45exceeding one month specified by the court or until the
person sooner gives evidence or produces the document or
thing, or