Previous Next

Contents page 20-28 30-39 40-49 50-59 60-68 70-79 80-89 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-215 216-219 220-229 Last page

Crime and Courts BillPage 120

(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) 5for “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
10made 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”,
15and

(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) 20In 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) 25in 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) 30In 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
authorises”.

(7) 35In 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) Omit section 37(2).

(10) 40Omit 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).

Crime and Courts BillPage 121

(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
5its”, and

(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) 10In section 58(1)—

(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
15the county court for the purpose,.

(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—

20then, except where rules of court provide otherwise, any officer of
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
25which” substitute “that are not excluded by rules of court and”.

(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) 30in 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
judge” substitute “in the county court a judge of the court”,

(c) 35in 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) in subsection (4) as having effect pending its being so substituted—

(i) 40for “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”.

Crime and Courts BillPage 122

(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) 5omit 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) 10for “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
15judge’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) 20before “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) 25omit “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) 30In 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
through the principal registry of the Family Division or a district probate
35registry”.

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

(a) omit “the judge of”, and

(b) for “he” substitute “the court”.

(34) In section 84 (prohibition)—

(a) 40in 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) in subsection (2) in the words after paragraph (b)—

(i) 45for “the judge” substitute “a judge of the county court”, and

Crime and Courts BillPage 123

(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
court,”,

(b) 5in 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) in subsection (1) for “registrar” substitute “court”, and

(b) 10in 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) In section 91 (disposal of securities seized) for “registrar” substitute “county
15court”.

(39) In section 92 (penalty for rescuing goods seized)—

(a) in subsection (1) for “judge”, in both places, substitute “county
court”,

(b) in subsection (1) for “a bailiff” substitute “an officer”, and

(c) 20in 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
the county court”, and

(b) 25in 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) In section 97 (sale under execution)—

(a) 30for “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) in subsection (1) in the words before paragraph (a) for “registrar or
35other 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
who sold the goods”.

(44) 40In 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”,

Crime and Courts BillPage 124

(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) 5in 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) 10in 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) 15in 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) 20In 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
25the”,

(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) 30In 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) for “appropriate court”, in each place except section 112(2),
35substitute “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) in section 113(b) and (d) (references to district judge) for “registrar”
40substitute “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
stay any proceedings in the county court which”, and

(ii) 45omit “shall, on receiving notice of the administration order,
stay the proceedings”,

Crime and Courts BillPage 125

(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) 5omit “the registrar of”, and

(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) 10in 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) omit section 112N(6) (district judge may exercise powers of judge),
and

(e) 15omit section 112AA(3) and (4) (meaning of “proper county court”).

(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
20court”,

(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) 25In 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
court”, and

(c) omit subsection (3) (district judge may exercise powers of judge).

(55) 30In 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) 35for “the judge”, in both places, substitute “the court”.

(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
40bailiffs and other officers”.

(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) 45In section 125(1) (execution of warrants) for “a court” substitute “the court”.

Crime and Courts BillPage 126

(62) In 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) 5for “judge” substitute “court”.

(64) In 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
10its”, and

(b) in 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) 15In section 137(2) (lessee’s failure to give notice) for “any county court or”
substitute “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—

(c) for the definition of “court” and “county court” substitute—

(d) 25omit the definition of “district” and “county district”,

(e) omit 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
30registrar”,

(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) 35for “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) 40in paragraph 2(2)—

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

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

Crime and Courts BillPage 127

(70) 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.

(71) 5In paragraph 7 of Schedule 3 (references to high bailiffs) for “registrar”
substitute “judge of the county court”.

Part 2 Other amendments

General modification

11 (1) 10In 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
15by 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
20such 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

(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
25office (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—

(a) an Act passed no later than the end of the Session in which this Act
30is 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
an Act or Measure of the National Assembly for Wales (including a
35future 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)
but after having been approved in draft before the coming
40into force of that sub-paragraph by at least one House of
Parliament or by the National Assembly for Wales.

Literary and Scientific Institutions Act 1854 (c. 112)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”,

Crime and Courts BillPage 128

(b) omit “of the district in which the principal building of the institution
shall be situated,”, and

(c) for “he”, in each place, substitute “it”.

Commons Act 1876 (c. 56)Commons Act 1876 (c. 56)

13 5In 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
court”, and

(b) for “upon such” substitute “upon any”.

10Bankers’ Books Evidence Act 1879 (c. 11)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”.

Bills of Sale Act (1878) Amendment Act 1882 (c. 43)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
15registration 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

(b) in the second sentence omit the words between “indexed by the” and
“county court”.

20Law of Distress Amendment Act 1888 (c. 21)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)—

(a) for “judge assigned to a county court district, or acting as a judge so
assigned” substitute “judge of the county court”, and

(b) 25omit the sentence beginning “A county court registrar may”.

Law of Distress Amendment Act 1895 (c. 24)Law of Distress Amendment Act 1895 (c. 24)

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

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

(b) 30for “that county court” substitute “the county court”.

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

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

(2) In section 1(1) (abolition of Vice-Warden’s Court) omit the words from “and
be exercised” to the end.

(3) 35In 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

Crime and Courts BillPage 129

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
5court”.

Administration of Justice (Appeals) Act 1934 (c. 40)Administration of Justice (Appeals) Act 1934 (c. 40)

19 The Administration of Justice (Appeals) Act 1934 is repealed.

Crown Proceedings Act 1947 (c. 44)Crown Proceedings Act 1947 (c. 44)

20 In the Crown Proceedings Act 1947—

(a) 10for “a county court”, in each place except section 53(3)(a), substitute
“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)Registered Designs Act 1949 (c. 88)

21 (1) 15The Registered Designs Act 1949 is amended as follows.

(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)Opencast Coal Act 1958 (c. 69)

22 20In Schedule 8 to the Opencast Coal Act 1958 in paragraph 7 omit “the judge
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)Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)

23 In section 1(4) of the Domestic and Appellate Proceedings (Restriction of
25Publicity) Act 1968 (courts to which section applies) for “a county court”
substitute “the county court”.

Courts Act 1971 (c. 23)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
30Mayor’s and City of London Court).

Attachment of Earnings Act 1971 (c. 32)Attachment of Earnings Act 1971 (c. 32)

25 (1) The Attachment of Earnings Act 1971 is amended as follows.

(2) In section 1(2)—

(a) for “A county court may” substitute “The county court may”, and

(b) 35for “county court rules” substitute “rules of court”.

(3) In that Act except section 1 (but subject to any specific amendments or
repeals made by or under this Act in that Act)—

Previous Next

Contents page 20-28 30-39 40-49 50-59 60-68 70-79 80-89 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-215 216-219 220-229 Last page