County Courts Act 1984

Part II E+W+S+N.I.

Law of Property Act 1925 (c. 20) E+W+S+N.I.

2 (1) At the end of the following sections of the Law of Property Act 1925— E+W

• section 3 (creation and transfer of legal estates in land);

• F1 . . .

• section 49 (application to the court by vendor and purchaser);

• section 66 (confirmation of past transactions),

there shall be added the following subsection—

“(0) The county court has jurisdiction under this section where the land which is to be dealt with in the court does not exceed the county court limit in capital value or net annual value for rating.”.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The subsection inserted by sub-paragraph (1)

shall be section 3(7), F3 . . . 49(4) and 66(4).

Annotations:

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Amendments (Textual)

F1 Sch. 2 Pt. II para. 2(1): entry repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch.4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2

F2 Sch. 2 Pt. II para. 2(2) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch.4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2

F3 Words in Sch. 2 Pt. II para. 2(3) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch.4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2

3 (1) At the end of the following sections of that Act— E+W+S+N.I.

• section 89 (realisation of leasehold mortgages)

• section 90 (realisation of equitable charges by the court)

• section 91 (sale of mortgaged property in action for redemption or foreclosure)

• section 92 (power to authorise land and minerals to be dealt with separately)

there shall be added the following subsection—

“(0) The county court has jurisdiction under this section where the amount owing in respect of the mortgage or charge at the commencement of the proceedings does not exceed the county court limit.”

(2) Section 92 of that Act shall be renumbered so as to become subsection (1) of that section.

(3) The subsection inserted by sub-paragraph (1) shall be section 89(7), 90(3), 91(8) and 92(2).

4 The following subsection shall be added at the end of section 136 of that Act (legal assignments of things in action)— E+W+S+N.I.

“(3) The county court has jurisdiction (including power to receive payment of money or securities into court) under the proviso to subsection (1) of this section where the amount or value of the debt or thing in action does not exceed the county court limit.”.

5 The following subsection shall be added at the end of section 146 of that Act (restriction on and relief against forfeiture of leases and underleases)— E+W+S+N.I.

“(13) The county court has jurisdiction under this section—

(a) in any case where the lessor is proceeding by action in court to enforce the right of entry or forfeiture; and

(b) where the lessor is proceeding to enforce the said right otherwise than by action, in a case where the net annual value for rating of the property comprised in the lease does not exceed the county court limit.”.

6 The following subsection shall be added at the end of section 147 of that Act (relief against notice to effect decorative repairs)— E+W+S+N.I.

“(5) The county court has jurisdiction under this section where the net annual value for rating of the house or other building does not exceed the county court limit.”.

7 (1) Section 181 of that Act (dissolution of a corporation) shall be renumbered so as to become subsection (1) of that section. E+W+S+N.I.

(2) The following subsection shall be added after the resulting subsection (1)—

“(2) The county court has jurisdiction under this section where the amount or value of the property or of the interest in the property which is to be dealt with in the court does not exceed the county court limit.”.

8 (1) Section 188 of that Act (power to direct division of chattels) shall be renumbered so as to become subsection (1) of that section. E+W+S+N.I.

(2) The following subsection shall be added after the resulting subsection (1)—

“(2) The county court has jurisdiction under this section where the amount or value of the property or of the interest in the property which is to be dealt with in the court does not exceed the county court limit.”

9 The following paragraph shall be inserted after section 205(1)(iii) of that Act (definitions)— E+W+S+N.I.

“(iiiA) “the county court limit”, in relation to any enactment contained in this Act, means the amount for the time being specified by an Order in Council under section 145 of the County Courts Act 1984 as the county court limit for the purposes of that enactment (or, where no such Order in Council has been made, the corresponding limit specified by Order in Council under section 192 of the County Courts Act 1959);”

10 In Schedule 1 to that Act (transitional provisions)— E+W+S+N.I.

(a) in Part III, the following paragraph shall be inserted after paragraph 3—

“3A The county court has jurisdiction under proviso (iii) to paragraph 3 of this Part where the land which is to be dealt with in the court does not exceed the county court limit in capital value or in net annual value for rating.”; and

(b) in Part IV—

(i) after paragraph 1(3) the following sub-paragraph shall be inserted—

“(3A) The county court has jurisdiction under proviso (v) to sub-paragraph (3) of this paragraph where the land to be dealt with in the court does not exceed the county court limit in capital value or in net annual value for rating.”

(ii) after paragraph 1(4) the following paragraph shall be inserted—

“(4A) The county court court has jurisdiction under provisos (iii) and (iv) to sub-paragraph (4) of this paragraph where the land which is to be dealt with in the court does not exceed the county court limit in capital value or in net annual value for rating.”