Crime and Courts Bill (HL Bill 49)
SCHEDULE 9 continued PART 3 continued
Contents page 20-29 30-39 40-49 50-59 60-69 70-84 85-89 90-99 100-109 110-116 120-128 130-139 140-149 150-167 168-169 170-179 180-189 190-199 200-209 210-219 220-229 Last page
Crime and Courts BillPage 120
56
In section 96(1) of the Agricultural Holdings Act 1986 omit the definition of
“county court”.
57
In section 18(5) of the Agricultural Marketing Act 1958 omit the words from
“within the district” to “may be brought”.
58 5In section 5 of the Agriculture (Miscellaneous Provisions) Act 1954—
(a)
in subsections (2) and (3) for “county court rules” substitute “rules of
court”, and
(b) omit subsection (4) (powers of district judge).
59
In section 6 of the Allotments Act 1922 for “the judge of the county court
10having jurisdiction in the place where the land is situated”, and for “a county
court”, substitute “the county court”.
60
(1)
In section 82(1) of the Arbitration Act 1996, in the definition of “legal
proceedings”, after “civil proceedings” insert “in England and Wales in the
High Court or the county court or in Northern Ireland”.
(2) 15In section 105 of that Act—
(a)
in subsection (1) after ““the court”” insert “in relation to England and
Wales means the High Court or the county court and in relation to
Northern Ireland”,
(b) in subsection (2) before paragraph (a) insert—
“(za)
20allocating proceedings under this Act in England and
Wales to the High Court or the county court;”,
(c) in subsection (2)(a) after “this Act” insert “in Northern Ireland”,
(d)
in subsection (2)(b) after “or in” insert “the county court or (as the
case may be)”,
(e)
25in the first sentence in subsection (3) after “a county court” insert “in
Northern Ireland”, and
(f)
in the second sentence in subsection (3) omit “England and Wales or,
as the case may be,”.
61
In section 22(6) of the Architects Act 1997 (appeals) after “appeal” insert “in
30England and Wales to the county court or, in Northern Ireland,”.
62
In section 17(6) of the Audit Commission Act 1998 for “the county courts”
substitute “the county court”.
63
In section 5(1) of the Caravan Sites Act 1968 (meaning of “the court”) omit
the words from “and any powers” to the end.
64 35In the Chancel Repairs Act 1932—
(a) in section 3(1)—
(i) omit “for the district in which the chancel is situate”, and
(ii) for “a county court” substitute “the county court”,
(b) in section 3(3)—
(i)
40for “a judge of county courts” substitute “the county court”,
and
(ii) for “the judge” substitute “the court”, and
(c) in section 4(1) for “county court rules” substitute “rules of court”.
65 In sections 10(7), 29(4) and 29A(1) of the Chiropractors Act 1994—
(a)
45after “appeal” insert “in England and Wales to the county court or in
Northern Ireland”, and
Crime and Courts BillPage 121
(b) before “the sheriff” insert “to”.
66
In section 18(2)(b) of the Civil Jurisdiction and Judgments Act 1982 for “or”,
in the second place, substitute “in the High Court or the county court or in”.
67 In the Civil Procedure Act 1997—
(a)
5in sections 1(1)(c) and 2(2)(e) and (f) for “county courts” substitute
“the county court”, and
(b) in Schedule 1 (civil procedure rules)—
(i)
in paragraph 3(1)(b) for “between county courts” substitute
“within the county court”, and
(ii)
10in paragraph 3(2)(a)(ii) for “by another county court”
substitute “elsewhere within the county court”.
68
In section 25(5)(c) of the Commissioners for Revenue and Customs Act 2005,
in the definition of “legal proceedings”, after “civil proceedings” insert “in
England and Wales in the county court or in Northern Ireland”.
69
15In paragraph 11 of Schedule 11 to the Commonhold and Leasehold Reform
Act 2002 for “a county court”, and for “such a court”, substitute “the county
court”.
70
In section 41(1) of the Commons Act 2006 omit “in whose area the land is
situated”.
71
20In section 2(7) of the Contracts (Rights of Third Parties) Act 1999 after
“exercisable” insert “in England and Wales by both the High Court and the
county court and in Northern Ireland”.
72
In sections 115(1), 205(1) and 232(1) of the Copyright, Designs and Patents
Act 1988 for “, Wales and” substitute “and Wales the county court and in”.
73
25In section 8(4) of the Coroners and Justice Act 2009 for “county courts”
substitute “county court”.
74
In section 30 of the Courts Act 1971 for “county courts” substitute “the
county court”.
75
In section 1B(5) of the Crime and Disorder Act 1998 for “which made an
30order under this section for it” substitute “for an order made under this
section”.
76 In section 10(1) of the Criminal Law Act 1977 for “by any” substitute “the”.
77
In section 15(1) of the Data Protection Act 1998 after “exercisable” insert “in
England and Wales by the High Court or the county court or, in Northern
35Ireland,”.
78 In section 5 of the Debtors Act 1869—
(a)
in paragraph (a) of proviso (1) for “or his deputy” substitute “of the
court”,
(b) for “any county court” substitute “the county court”, and
(c) 40for “other than a” substitute “other than the”.
79 In the Deeds of Arrangement Act 1914—
(a)
in section 10(1) for the words after “copy of the deed to the”
substitute “county court.”,
(b) in section 10(2) omit “the registrar of”, and
Crime and Courts BillPage 122
(c) in section 16 for “a county court” substitute “the county court”.
80 In section 8 of the Disused Burial Grounds (Amendment) Act 1981—
(a) omit “in whose district the land is situated who”, and
(b) omit the words after “costs of the application”.
81 5In the Enterprise Act 2002—
(a) in section 16(6) after “High Court” insert “or the county court”,
(b) in section 215(5)(a) omit “England and Wales or”,
(c) in section 215(5) before paragraph (a) insert—
“(za)
the High Court or the county court if the person
10against whom the order is sought carries on business
or has a place of business in England and Wales;”, and
(d)
in paragraph 25(a) of Schedule 4 for “a county court in England and
Wales or” substitute “the county court in England and Wales or the
High Court or a county court in”.
82 15In the Estate Agents Act 1979—
(a)
in the definition of “court” in section 11A(4) omit “England and
Wales and” and before paragraph (a) insert—
“(za)
in England and Wales, the High Court or the county
court;”, and
(b)
20in paragraph 6(1) of Schedule 4 after “appeal” insert “in England and
Wales to the county court or, in Northern Ireland,”.
83
In section 133(8)(a) of the Financial Services and Markets Act 2000 before “as
if” insert “in England and Wales, as if it were an order of the county court or,
in Northern Ireland,”.
84 (1) 25In section 22 of the Friendly Societies Act 1974 after subsection (2) insert—
“(2A)
In the application of subsection (2) to England and Wales, for the
words “for the district in which the member resides” there shall be
substituted “if the member resides in England and Wales”.
(2)
In section 80(2)(b) of that Act after “brought” insert “in England and Wales
30in the county court or, in Northern Ireland,”.
(3) In section 93(3) of that Act—
(a)
for the words from “make an application—” to the end of paragraph
(a) substitute “make an application to the county court in England
and Wales if the chief or any other place of business of that society or
35branch is situated in England and Wales or may make an
application—”, and
(b) for “such application” substitute “application under this subsection”.
85
(1)
In section 82(4) of the Friendly Societies Act 1992 after “brought” insert “in
England and Wales in the county court or, in Northern Ireland,”.
(2)
40In section 119(1) of that Act in the definition of “the court” for “Wales or”
substitute “Wales, the county court;
(aa) in the case of a body whose registered office is situated in”.
86 (1) In section 48 of the Government Annuities Act 1929 after subsection (2)
Crime and Courts BillPage 123
insert—
“(2A)
For the purposes of this section, England and Wales is to be treated
as the district of the county court in England and Wales.”
(2)
In section 61(1) of that Act after “a county court” insert “in Northern Ireland
5or the county court in England and Wales”.
87
Omit section 59(4) of the Highways Act 1980 and, in consequence, omit
paragraph 8(2) of Schedule 3 to the Administration of Justice Act 1982.
88
In paragraph 6(2) of Schedule 18 to the Housing Act 1985 for “a county court
judge”, and for “the county court judge”, substitute “a judge of the county
10court”.
89
In paragraph 13 of Schedule 13 to the Housing Act 2004 for “such a”
substitute “that”.
90 In the Immigration and Asylum Act 1999—
(a)
in section 25(5)(a) after “granted” insert “in England and Wales by
15the county court or in Northern Ireland”,
(b)
in section 43(3)(a) after “a county court” insert “in Northern Ireland,
or the county court in England and Wales,”, and
(c)
in sections 89(7), 92(1) and 112(4) after “a county court” insert “in
Northern Ireland or the county court in England and Wales”.
91
20In section 42(3)(b) of the Industrial and Provident Societies Act 1965 for “that
county court or” substitute “the county court or that”.
92
In section 25(1) of the Inheritance (Provision for Family and Dependants)
Act 1975 in the definition of “the court”—
(a) for “a county” in both places substitute “the county”, and
(b) 25for “22 of this Act” substitute “25 of the County Courts Act 1984”.
93 In the Insolvency Act 1986—
(a) in section 117(2) (county court winding-up jurisdiction)—
(i)
for “the amount of a company’s” substitute “in the case of a
company registered in England and Wales the amount of its”,
30and
(ii)
omit “of the district in which the company’s registered office
is situated”,
(b) omit section 117(4) and (6),
(c) in section 197(1)(a) for “a specified” substitute “the”,
(d) 35in section 373(1) for “county courts” substitute “county court”,
(e)
in section 373(3)(a) for “Central London County Court” substitute
“county court”,
(f)
in section 373(3)(b) (jurisdiction in relation to insolvent
individuals)—
(i) 40for “each” substitute “the”, and
(ii)
for “the insolvency district of that court” substitute “any
other insolvency district”,
(g)
in section 374(1) for the words from “of each” to the end substitute “,
or districts, of the county court.”,
(h)
45in section 399(3) for the words from “a county court” to the end
substitute “the county court.”,
Crime and Courts BillPage 124
(i) in section 399(5)—
(i)
for the words from “each” to “Parts” substitute “the county
court”, and
(ii) for “two or more different” substitute “both”,
(j) 5in section 399(6) for “another” substitute “the other”,
(k) for section 413(3)(d) substitute—
“(d) a district judge;”, and
(l) in paragraph 2 of Schedule 9—
(i)
omit “or a registrar of a county court having jurisdiction for
10the purposes of those Parts”, and
(ii) omit “or, as the case may be, that county court”.
94
In Schedule 1 to the Interpretation Act 1978, in paragraph (a) of the
definition of “County court”, for “a court held for a district under” substitute
“the county court established under section A1 of”.
95
15In section 26(7)(g) of the Judicial Retirement and Pensions Act 1993 omit “in
the county courts”.
96 In the Juries Act 1974—
(a)
in sections 1(1), 2(1) and 12(6) for “county courts” substitute “the
county court”, and
(b)
20in section 7 for “any county”, and in sections 17(2) and 23(2) for “a
county”, substitute “the county”.
97
In section 1(6A) of the Land Charges Act 1972 for “county courts” substitute
“county court”.
98
In section 10 of the Landlord and Tenant (Requisitioned Land) Act 1942, and
25in section 2(2) of the Landlord and Tenant (Requisitioned Land) Act 1944,
after “exercised” insert “in England and Wales by the county court and in
Northern Ireland”.
99 In paragraph 4 of Schedule 2 to the Leasehold Reform Act 1967—
(a) omit “making the order or another county court”, and
(b) 30for “county courts” substitute “the county court”.
100
In paragraph 4 of Schedule 14 to the Leasehold Reform, Housing and Urban
Development Act 1993 omit “or another county court”.
101
In section 194(10) of the Legal Services Act 2007 in the definition of “civil
court” as originally enacted and as substituted by section 61 of the Legal Aid,
35Sentencing and Punishment of Offenders Act 2007 for “any county”
substitute “the county”.
102
In section 35(3) of the Limitation Act 1980 for “any county” substitute “the
county”.
103
In paragraph (a) of the second sentence in section 1(1) of the Litigants in
40Person (Costs and Expenses) Act 1975 before “in a county court” insert “in
England and Wales in the county court or in Northern Ireland”.
104
In sections 62(1) and 87(2) of the Local Government Act 1948 omit “for the
county court district in which the property in question is situated”.
105 In the London Building Acts (Amendment) Act 1939 (c. xcvii)—
Crime and Courts BillPage 125
(a)
in section 103(2) for “such court”, in both places, substitute “that
court”, and
(b)
in section 107(1) omit “of the district in which the premises are
situate”.
106 5In Schedule 1 to the London Local Authorities Act 1996 (c. ix)—
(a) in paragraph 9(1) for “if a county” substitute “if the county”,
(b) in paragraph 10(1)(a) for “a county” substitute “the county”, and
(c) in paragraph 10(1)(c) omit “which made the order”.
107
In section 64(2)(b) of the London Local Authorities Act 2007 (c. ii) for “if a
10county” substitute “if the county”.
108
In paragraph 7 of Schedule 1 to the London Local Authorities and Transport
for London Act 2003 (c. iii) until its repeal by the Traffic Management Act
2004 is fully in force—
(a) in sub-paragraph (1)(c) omit “which made the order”,
(b)
15in sub-paragraph (5) for “a district judge” substitute “the county
court”,
(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
20In section 25 of the London Overground Wires &c. Act 1933 (c. xliv) for “any
county court having otherwise jurisdiction in the matter” substitute “the
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
25In paragraph 28 of Schedule 3 to the Medicines Act 1968 after sub-paragraph
(2) insert—
“(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”
30substitute “rules of court”.
113
In section 5(1) of the Mobile Homes Act 1983, in paragraph (a) of the
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)
35in subsections (1) and (2) for “county court within whose jurisdiction
the premises are situate” substitute “court”, and
(b) for subsection (3) substitute—
“(3)
In subsections (1) and (2) “the court”, in relation to any
premises, means—
(a)
40the county court if the premises are in England and
Wales, or
(b)
if the premises are in Scotland, the sheriff within
whose jurisdiction the premises are situate.”
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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”.
116 In sections 10(7), 29(4) and 29A(1) of the Osteopaths Act 1993—
(a)
5after “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
Act 2009 for “a county court” substitute “the county court in England and
10Wales 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,”.
119 In section 152 of the Pension Schemes Act 1993—
(a)
15in subsection (1)(a) for “county courts” substitute “the county court”,
and
(b)
in subsection (2) for “the county court rules” substitute “rules of
court”.
120
In paragraph 11(2) of Schedule 3 to the Plant Varieties Act 1997 for “the
20county 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”,
(b)
in sections 77(4), 92(4) and 115(4) after “may apply” insert “in
25England 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
between “apply” and “leave” there were substituted “to the Gibraltar
30court 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)”.
122
Omit section 9(2) of the Protection from Eviction Act 1977 (exercise of
35jurisdiction 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
“court”.
125
40In 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)—
(a) for “before the registrar of a” substitute “the”, and
(b)
45after “may” insert “, except in the county court if rules of court
provide otherwise,”.
Crime and Courts BillPage 127
127
In section 113(3) of the Settled Land Act 1925 for “any county” substitute “the
county”.
128
In paragraph 9(3)(a) of Schedule 5 to the Social Security Act 1989 for “such
a” substitute “that”.
129
5In 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”.
130 In the Solicitors Act 1974—
(a) in section 61(6) for “any county” substitute “the county”,
(b) 10in 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”.
131
In section 61(3)(a) of the Taxation of Chargeable Gains Act 1992 for “county
courts” substitute “the county court”.
132
15In 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—
(a) in section 4(4)—
(i)
for “under section”, in the first place, substitute “for the High
20Court in England and Wales”,
(ii) omit “84 of the Senior Courts Act 1981”, and
(iii)
omit “99 of the Supreme Court of Judicature (Consolidation)
Act 1925”,
(b) in section 4(5)—
(i)
25after “in relation to county courts” insert “in Northern
Ireland”,
(ii) after “High Court” insert “in Northern Ireland”, and
(iii)
omit “84”, “99”, “of the said Act of”, “1981”, “1925”, “section
or” and “section 75 of the County Courts Act 1984 or”,
(c) 30in 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
the High Court in England and Wales.”,
(d)
in section 9(3) and (4) after “brought” insert “in England and Wales
35in the county court or in Northern Ireland”,
(e) in section 9(3)—
(i) before “county court rules” insert “rules of court or”, and
(ii) for “same county” substitute “same”, and
(f)
in section 13(3) for the words from the beginning to “if” substitute “In
40this 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
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”
45substitute “, or the county court where it has”.
Crime and Courts BillPage 128
135
In section 82(2)(b) of the Traffic Management Act 2004 for “if a county”
substitute “if the county”.
136 In the Tribunals, Courts and Enforcement Act 2007—
(a) in section 121(8) for paragraphs (a) and (b) substitute—
“(aa)
5in 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
13.
137
In section 67(2) of the Trustee Act 1925 for “county courts” substitute “the
10county 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
court in”.
139
In section 5CE(5)(a) of the Veterinary Surgeons Act 1966 for “a county court”
15substitute “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
the area in which the land or any part of it is situated”.
Part 4 20Consequential repeals
141 The provisions specified in the Table are repealed to the extent shown.
Reference | Extent of repeal |
---|---|
Literary and Scientific Institutions Act 1854 (c. 112) |
In section 30, “the judge of” and “aforesaid”. |
Hovercraft Act 1968 (c. 59) | In section 2(1), “27 to 29,”. |
Senior Courts Act 1981 (c. 54) | 25In Schedule 5, the entry for the Torts (Interference with Goods) Act 1977. |
County Courts Act 1984 (c. 28) | In Schedule 2, paragraph 64. |
Administration of Justice Act 1985 (c. 61) |
Section 51(1). |
In Schedule 7, paragraph 7(b). | |
Courts and Legal Services Act 1990 (c. 41) |
30Section 74(4) and (5). |
In Schedule 18, in paragraph 49(3), “27(6),”. | |
Merchant Shipping (Salvage and Pollution) Act 1994 (c. 28) |
In Schedule 2, paragraph 7. |
Merchant Shipping Act 1995 (c. 21) |
In Schedule 13, paragraph 7(2) and (4). |
Civil Procedure Act 1997 (c. 12) | In Schedule 2, paragraph 2(4). |
Constitutional Reform Act 2005 (c. 4) |
35In Schedule 4, paragraphs 161, 162(2), 163, 166, 200 and 201. |
Tribunals, Courts and Enforcement Act 2007 (c. 15) |
In Schedule 11, paragraph 6. |
Crime and Courts BillPage 129
Reference | Extent of repeal |
---|---|
Legal Services Act 2007 (c. 29) | In Schedule 16, paragraph 69(a). |
Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (S.I. 2009/871) |
Article 9(1) and (2). 5 |