Crime and Courts Bill (HL Bill 49)

(a) in subsection (1) for “county court is” substitute “sitting of the county
court is to be”,

(b) in subsection (1) after “for the purpose of holding” insert “the sitting
of”, and

(c) 5in subsection (2) for “any court,” substitute “sittings of the county
court,”.

4 (1) For section 5 (judges) substitute —

“5 Judges of the county court

(1) A person is a judge of the county court if the person—

(a) 10is a Circuit judge,

(b) is a district judge (which, by virtue of section 8(1C), here
includes a deputy district judge appointed under section 8),
or

(c) is within subsection (2),

15but see also section 9 of the Senior Courts Act 1981 (certain ex-judges
may act as judges of the county court).

(2) A person is within this subsection (and so, by virtue of subsection
(1)(c), is a judge of the county court) if the person—

(a) is the Lord Chief Justice,

(b) 20is 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
25vice-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 the Judge Advocate General,

(k) 30is a Recorder,

(l) is a person who 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
etc), or

(ii) 35in column 1 of Part 2 of Schedule 2 to that Act (High
Court masters etc),

(m) is a deputy district judge appointed under section 102 of that
Act,

(n) is a Chamber President, or a Deputy Chamber President, of a
40chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal,

(o) 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,

(p) 45is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),

(q) is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

(r) is a District Judge (Magistrates’ Courts),

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

(t) 5is a judge of the First-tier Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 2 to the Tribunals, Courts
and Enforcement Act 2007,

(u) is a transferred-in judge of the First-tier Tribunal (see section
31(2) of that Act), or

(v) 10is a member of a panel of Employment Judges established for
England and Wales or for Scotland.”

5 (1) Section 6 (district judges) is amended as follows.

(2) Omit subsections (2), (4) and (7) (which relate to the assignment of district
judges to county court districts).

(3) 15In subsection (3) (interpretation of statutory and other references to district
judges) for the words after “of a county court” substitute “is—

(a) if the context permits, a reference to the county court, and

(b) otherwise is a reference to a judge of the county court.”

(4) For the italic heading before the section substitute “District judges and deputy
20district judges”.

6 (1) Section 8 (deputy district judges) is amended as follows.

(2) In subsection (1) (appointment to facilitate disposal of business in the county
courts) for “courts” substitute “court or any other court or tribunal to which
a person appointed under this subsection may be deployed”.

(3) 25Omit subsections (1B) and (1D) (which relate to the assignment of deputy
district judges to county court districts).

(4) In subsection (1C) (deputy district judge to have powers of a district
judge)—

(a) omit “and assigned to a district”,

(b) 30omit “, while acting under his assignment,”, and

(c) for “assigned to the district” substitute “other than a district judge’s
power to act in a district registry of the High Court”.

7 (1) Section 12 (records of proceedings) is amended as follows.

(2) For subsection (1) (district judge for a district to keep such records as may be
35prescribed) substitute—

“(1) The Lord Chancellor may by regulations made by statutory
instrument provide for the keeping of records of and in relation to
proceedings of the county court.”

(3) In subsection (2) (certified copies of entries) for “the district judge” substitute
40“a judge of the county court”.

(4) In the title omit the words after “kept”.

8 (1) Section 13 (officers of court not to act as solicitors in that court) is amended
as follows.

(2) In subsection (1) (officer of a county court and officer’s firm not to be
engaged as representative in any proceedings in that court, subject to
exception in subsection (4) for deputy district judges)—

(a) for the words from the beginning to “be” substitute—

5“A fee-paid part-time judge of the county court may not act
as a judge of the court in relation to any proceedings in the
court in which—

(a) the judge,

(b) a partner or employer of the judge,

(c) 10a body of which the judge is a member or officer, or

(d) a body of whose governing body the judge is a
member,

is”, and

(b) omit “in any proceedings in that court”.

(3) 15Omit subsection (3) (which refers to a provision previously repealed).

(4) Omit subsection (4) (provision about deputy district judges which is
incorporated in the amended subsection (1)).

9 (1) Section 14 (penalty for assaulting officer of a court) is amended as follows.

(2) In subsection (1)—

(a) 20for “a court” substitute “the county court”,

(b) for “judge”, in both places, substitute “court”, and

(c) for “a bailiff” substitute “an officer”.

(3) Omit subsection (3) (which provided for “judge” to include district judge
and deputies, but which will become superfluous as a result of amendments
25made by this Schedule).

10 (1) In sections 15 to 25, 27(9), 30 and 36 to 147 and Schedule 1 and in any
uncommenced enactment that amends any of those provisions (but subject
to any specific amendments or repeals made by or under this Act)—

(a) for “A county court”, in each place, substitute “The county court”,
30and

(b) for “a county court”, in each place, substitute “the county court”.

(2) In sections 18 and 24(1) omit “specified in the memorandum”.

(3) Omit sections 26, 27(1) to (8), 28, 31(1), 32, 33 and 59 (Admiralty, and
contentious probate, jurisdictions).

(4) 35In section 27(9) for “No county court shall” substitute “The county court
does not”.

(5) In section 30 (actions in personam in collision etc cases)—

(a) in subsections (2) and (4) for “No county court shall” substitute “The
county court may not”,

(b) 40in subsection (7) omit “(whether a county court or not)”, and

(c) in subsection (8) for the words after “applies” substitute “generally in
relation to the jurisdiction of the county court (and not only in
relation to any jurisdiction that may be conferred on the county court
in relation to Admiralty proceedings).”

(6) In section 31(2) (Admiralty provisions: savings) for the words from the
beginning to “authorise” in paragraph (c) substitute “Nothing in section 31
or any provisions made for the purpose of, or in connection with, conferring
jurisdiction on the county court in relation to Admiralty proceedings
5authorises”.

(7) In section 35 for “in one or more of the county courts” substitute “the county
court”.

(8) In section 37(1) for the words after “other” substitute “Act on the county
court may be exercised by any judge of the county court.”

(9) 10Omit 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).

(12) 15In 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

(d) 20omit 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)—

(a) 25for 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,”.

(15) 30In 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
35the 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”.

(18) 40In 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
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
5judge” substitute “in the county court a judge of the court”,

(c) in subsection (2) as so substituted after “a judge” insert “of the county
court”,

(d) omit subsections (2A) and (2B),

(e) in subsection (3) for “judge” substitute “court”, and

(f) 10in subsection (4) as having effect pending its being so substituted—

(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) 15In section 64(4) for each of “he” and “him” substitute “it”.

(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) 20omit subsection (2),

(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) 25for “The judge” substitute “A judge of the county court”,

(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
30judge’s report.”

(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) 35before “court”, where it first appears, insert “county”, and

(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) 40omit “under section 75”,

(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
“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
5through the principal registry of the Family Division or a district probate
registry”.

(33) In section 83(2) (judge to adjourn stayed proceedings)—

(a) omit “the judge of”, and

(b) for “he” substitute “the court”.

(34) 10In 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

(c) 15in 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
20court,”,

(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)—

(a) 25in 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”.

(38) 30In 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”,

(b) 35in 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
40the 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”.

(42) 45In 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)—

(a) 5in 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
10who sold the goods”.

(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) 15in subsection (2)(a) omit “registrar of a”,

(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) 20in subsection (3) for each of “him” and “he” substitute “the court”.

(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) 25in subsection (1)—

(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) 30in subsection (3)—

(i) for “judge” substitute “court”,

(ii) for “and the registrar” substitute “and the person executing
the warrant”, and

(iii) omit “by the registrar”.

(47) 35In section 102(7) for “registrar” substitute “court”.

(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
40the”,

(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
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) 5for “appropriate court”, in each place except section 112(2),
substitute “county court”,

(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) 10in section 113(b) and (d) (references to district judge) for “registrar”
substitute “county court”,

(e) in section 114(2)—

(i) for “any county court in which proceedings” substitute
“when an administration order is made, the county court is to
15stay any proceedings in the county court which”, and

(ii) omit “shall, on receiving notice of the administration order,
stay the proceedings”,

(f) in section 114(3) for the words after “operate” substitute “as a
requirement to stay any proceedings in bankruptcy which are
20pending against the debtor.”, and

(g) in section 115(1)—

(i) omit “the registrar of”, and

(ii) for “he” substitute “the court”.

(52) In Part 6 (administration orders) as substituted by the Tribunals, Courts and
25Enforcement 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)”,

(c) in section 112N(3) for “the judge” substitute “a judge of the county
court”,

(d) 30omit section 112N(6) (district judge may exercise powers of judge),
and

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

(53) In Part 6A (enforcement restriction orders)—

(a) omit “proper”, in each place,

(b) 35in 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”,

(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
40the 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)—

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

(b) in subsection (2) for “The judge” substitute “A judge of the county
45court”, 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
“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”.

(58) 5Omit 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”.

(60) 10In 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 125(1) (execution of warrants) for “a court” substitute “the court”.

(62) 15In section 126(1) (actions against bailiffs acting under warrants) for
“registrar” substitute “county court”.

(63) In section 129 (enforcement of fines)—

(a) for “any court” substitute “the county court”, and

(b) for “judge” substitute “court”.

(64) 20In section 131 (appointment of auditors etc) for “county courts” substitute
“the county court”.

(65) In section 132 (payment of salaries and expenses)—

(a) in paragraph (b) for “courts and” substitute “the county court and
its”, and

(b) 25in paragraphs (c) and (d) for “courts”, in each place, substitute
“county court”.

(66) In section 133 (proof of service) for “a court”, in both places, substitute “the
court”.

(67) In section 137(2) (lessee’s failure to give notice) for “any county court or”
30substitute “the county court or any”.

(68) 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
  35commenced in the High Court, would involve the
  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) 40omit the definition of “judge”,

(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

(i) omit the definition of “registrar” and “registrar of a county court”.

(69) In Schedule 1 (replevin)—

(a) in paragraph 1(2)—

(i) 5for “The registrar for the district in which any goods subject
to replevin are taken” substitute “Where any goods subject to
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) 10in paragraph 2(2)—

(i) for “registrar having power in the matter” substitute “county
court”, and

(ii) for “registrar thinks” substitute “court thinks”.

(70) In Schedule 3 (transitional provisions) after paragraph 5 insert—

“5A 15Any 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.”

(71) In paragraph 7 of Schedule 3 (references to high bailiffs) for “registrar”
substitute “judge of the county court”.

20Part 2 Other amendments

General modification

11 (1) In relevant legislation, but subject to any amendments or repeals made by or
under this Act—

(a) 25any 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
by section A1 of that Act, and

(b) any reference (however expressed) that is or is deemed to be a
30reference 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
such a county court) is—

(i) if the context permits, to be read as a reference to the county
35court established under section A1 of that Act, and

(c) otherwise is to be read as a reference to a judge of the county court established under that section.

(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
401 of that Act.

(3) In sub-paragraph (1) “relevant legislation” means—

(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,