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Administration of Justice Act 1982

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This is the original version (as it was originally enacted).

35Transfers from county court to High Court

The following shall be inserted after section 139 of the' County Courts Act 1959— ; Enforcement in High Court of judgments and orders of county courts

139A(1)If—

(a)a judgment or order for the payment of a sum of money has been given or made by a county court; and

(h)an amount in respect of that sum exceeding the amount for the time being specified for the purposes of this section by an order under subsection (3) of this section has become recoverable by execution,

the judgment or order may, subject to rules of court, be transferred to the High Court.

(2)A judgment or order transferred to the High Court by virtue of subsection (1) above may be enforced in the High Court as if it were a judgment or order of that court and shall be treated as a judgment or order of the High Court for all purposes except—

(a)that powers to set aside, correct, vary or quash a judgment or order of a county court shall continue to be exercisable in relation to it and powers to set aside, correct, vary or quash a judgment or order of the High Court shall not be exercisable; and

(b)that enactments relating to appeals from a judgment or order of a county court shall continue to apply to it and enactments relating to appeals from a judgment or order of the High Court shall not apply.

(3)The Lord Chancellor may by order specify an amount for the purposes of subsection (1) of this section; and any such order may specify different amounts for different descriptions of judgment or order.

(4)An order under subsection (3) of this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament..

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