Crime and Courts Bill (HL Bill 70)

82 In 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
5court;”, and

(b) in 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,
10in Northern Ireland,”.

84 (1) In 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) 15In section 80(2)(b) of that Act after “brought” insert “in England and Wales
in 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
20and Wales if the chief or any other place of business of that society or
branch 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
25England and Wales in the county court or, in Northern Ireland,”.

(2) In 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)
30insert—

“(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
or the county court in England and Wales”.

87 35Omit 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
court”.

89 40In 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
the 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 5In 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) 10for “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”,
15and

(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) 20in 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) 25for “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) 30in section 399(3) for the words from “a county court” to the end
substitute “the county court.”,

(i) in section 399(5)—

(i) for the words from “each” to “Parts” substitute “the county
court”, and

(ii) 35for “two or more different” substitute “both”,

(j) in 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) 40omit “or a registrar of a county court having jurisdiction for
the 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
45“the county court established under section A1 of”.

95 In 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) in section 7 for “any county”, and in sections 17(2) and 23(2) for “a
5county”, 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
in section 2(2) of the Landlord and Tenant (Requisitioned Land) Act 1944,
10after “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) for “county courts” substitute “the county court”.

100 15In 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,
Sentencing and Punishment of Offenders Act 2007 for “any county”
20substitute “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
Person (Costs and Expenses) Act 1975 before “in a county court” insert “in
25England 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)—

(a) in section 103(2) for “such court”, in both places, substitute “that
30court”, and

(b) in section 107(1) omit “of the district in which the premises are
situate”.

106 In 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) 35in 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
county” substitute “if the county”.

108 In paragraph 7 of Schedule 1 to the London Local Authorities and Transport
40for 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) in 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 In section 25 of the London Overground Wires &c. Act 1933 (c. xliv) for “any
5county 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 In paragraph 28 of Schedule 3 to the Medicines Act 1968 after sub-paragraph
10(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”
substitute “rules of court”.

113 15In 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) in subsections (1) and (2) for “county court within whose jurisdiction
20the 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) the county court if the premises are in England and
25Wales, or

(b) if the premises are in Scotland, the sheriff within
whose jurisdiction the premises are situate.”

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
30Ireland, shall”.

116 In sections 10(7), 29(4) and 29A(1) of the Osteopaths Act 1993—

(a) after “may appeal” insert “in England and Wales to the county court
or in Northern Ireland”, and

(b) before “the sheriff” insert “to”.

117 35In 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
Wales 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
40Ireland,”.

119 In section 152 of the Pension Schemes Act 1993—

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

(b) in subsection (2) for “the county court rules” substitute “rules of
45court”.

120 In paragraph 11(2) of Schedule 3 to the Plant Varieties Act 1997 for “the
county 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,
5in”,

(b) in sections 77(4), 92(4) and 115(4) after “may apply” insert “in
England 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
10application to Gibraltar, subsection (4) has effect as if for the words
between “apply” and “leave” there were substituted “to the Gibraltar
court 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
15Ireland)”.

122 Omit section 9(2) of the Protection from Eviction Act 1977 (exercise of
jurisdiction 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 20In section 32(10) of the Public Audit (Wales) Act 2004 for “courts” substitute
“court”.

125 In 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 25In section 104(1) of the Road Traffic Act 1988 (conduct of proceedings)—

(a) for “before the registrar of a” substitute “the”, and

(b) after “may” insert “, except in the county court if rules of court
provide otherwise,”.

127 In section 113(3) of the Settled Land Act 1925 for “any county” substitute “the
30county”.

128 In paragraph 9(3)(a) of Schedule 5 to the Social Security Act 1989 for “such
a” substitute “that”.

129 In paragraph 3(1) of Schedule 4 to the Social Security Contributions
(Transfer of Functions, etc.) Act 1999 after “proceedings” insert “in England
35and 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) in 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
40business 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 In 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 45In the Torts (Interference with Goods) Act 1977—

(a) in section 4(4)—

(i) for “under section”, in the first place, substitute “for the High
Court in England and Wales”,

(ii) omit “84 of the Senior Courts Act 1981”, and

(iii) 5omit “99 of the Supreme Court of Judicature (Consolidation)
Act 1925”,

(b) in section 4(5)—

(i) after “in relation to county courts” insert “in Northern
Ireland”,

(ii) 10after “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) in section 4 after subsection (5) insert—

“(6) Subsections (1) to (4) have effect in relation to the county
15court 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
in the county court or in Northern Ireland”,

(e) in section 9(3)—

(i) 20before “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
this section “the court”, in relation to England and Wales, means the
High Court or the county court and, in relation to Northern Ireland,
25means 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”
substitute “, or the county court where it has”.

135 In section 82(2)(b) of the Traffic Management Act 2004 for “if a county”
30substitute “if the county”.

136 In the Tribunals, Courts and Enforcement Act 2007—

(a) in section 121(8) for paragraphs (a) and (b) substitute—

“(aa) in relation to an administration order or an
enforcement restriction order: the county court;”, and

(b) 35omit 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
county court”.

138 In section 11(1)(a) of the UK Borders Act 2007 for “a county court, in England
40and 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”
substitute “the county court in England and Wales or a county court in
Northern Ireland”.

140 45In 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 Consequential repeals

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

Section 16

25SCHEDULE 10 The family court

Part 1 Establishment of the family court

1 In the Matrimonial and Family Proceedings Act 1984 after section 31A

(which is inserted by section 16) 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
5Wales.

(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
10the 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) 15The 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) 20is 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) 25is 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) 30is 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
35Senior 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
40County 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
Senior Courts Act 1981,

(p) is a Chamber President, or a Deputy Chamber President, of a
45chamber 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
under 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
531(2) of that Act),

(s) is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, 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) 10is a transferred-in judge of the First-tier Tribunal (see section
31(2) of that Act),

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

(w) is a person appointed under section 30(1)(a) or (b) of the
15Courts-Martial (Appeals) Act 1951 (assistants to the Judge
Advocate General),

(x) is a District Judge (Magistrates’ Courts), or

(y) is a justice of the peace who is not a District Judge
(Magistrates’ Courts),

20but see also section 9 of the Senior Courts Act 1981 (certain ex-judges
may act as judges of the family court).

(2) A decision of the family court, if made by or by persons who
include—

(a) a judge within subsection (1)(a) to (i),

(b) 25a 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,

is (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
30person within paragraphs (a) to (c) of this subsection.

(3) A fee-paid, or unsalaried, part-time judge of the family court 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, or a body
of which the judge is a member or officer, or a body of whose
35governing body the judge is a member, is directly or indirectly
engaged as legal representative or agent for any party.

(4) In this section “legal representative” means a person who, for the
purposes of the Legal Services Act 2007, is an authorised person in
relation to an activity which constitutes the exercise of a right of
40audience or the conduct of litigation (within the meaning of that
Act).

31D Composition of the court and distribution of its business

(1) Rules may be made in accordance with Part 1 of Schedule 1 to the
Constitutional Reform Act 2005 (process for making designated
45rules) about—

(a) the composition of the family court, and

(b) the distribution of business of the family court among judges
of 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
composed of more than one judge.

(3) 5Rules about the distribution of business of the family court may in
particular—

(a) prohibit specified judges from conducting specified business;

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

(c) 10prohibit 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
the court.

(4) 15In 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) Rules under this section—

(a) 20may 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) Family Procedure Rules are subject to rules under this section.

(7) 25The 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
different purposes.

(8) 30Paragraph 5 of that Schedule (duty to make rules to achieve purpose
specified by Lord Chancellor) does not apply in relation to rules
under this section.

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

(10) 35No 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
40were 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
45power to issue a warrant, directed to an officer of the family court,