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Statutory Instruments

1994 No. 1536

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

The Civil Courts (Amendment No. 2) Order 1994

Made

9th June 1994

Laid before Parliament

13th June 1994

Coming into force

4th July 1994

The Lord Chancellor, in exercise of the powers conferred on him by section 99(1) of the Supreme Court Act 1981(1), sections 2(1) and 26 of the County Courts Act 1984(2) and by sections 117(4) and 374 of the Insolvency Act 1986(3), hereby makes the following Order:—

Citation, commencement and interpretation

1.  This Order may be cited as the Civil Courts (Amendment No.2) Order 1994 and shall come into force on 4th July 1994.

2.  In this Order, “the 1983 Order” means the Civil Courts Order 1983(4), and a reference to a Schedule by number means the Schedule so numbered in that Order.

District registries of the High Court

3.—(1) The district registry of the High Court at Bangor shall be closed.

(2) Schedule 1 shall accordingly be amended by deleting the reference to that district registry.

4.—(1) A district registry of the High Court shall be established at Llangefni, which district shall be the area comprising the district of the Llangefni County Court.

(2) The 1983 Order shall accordingly be amended as follows—

(a)in Schedule 1, after the entry relating to Liverpool, there shall be inserted the following new entry—

First ColumnSecond Column
LlangefniLlangefni;

(b)in Schedule 3, in column 1 of the entry relating to the Llangefni County Court, the letters “D.R.” (denoting a district registry of the High Court) shall be inserted beneath the word “Llangefni”.

5.  In the second column of Schedule 1, for the entries relating to the district registries listed in column 1 of the Schedule of this Order, there shall be substituted the entries listed in column 2 of the Schedule to this Order.

County courts

6.  Schedule 3 shall be amended as follows—

(1) the entries relating to the Bangor, Porthmadog and Stroud County Courts shall be deleted(5);

(2) in the entry relating to the Caernarfon County Court—

(a)in column 2, above the word “Divorce” there shall be inserted the words

(b)in columns 3 and 4, the word “Bangor” shall be deleted;

(3) in columns 3 and 4 of the entry relating to the Colwyn Bay County Court, for the word “Bangor” at both places, there shall be substituted the word “Caernarfon”; and

(4) in the entry relating to the Llangefni County Court—

(a)in column 2, there shall be inserted the word “Bankruptcy”;

(b)in column 3, for the word “Bangor” there shall be substituted the word “Caernarfon”;

(c)in column 4, the word “Bangor” shall be deleted.

7.  The Caernarfon County Court shall have jurisdiction in—

(a)any Admiralty proceedings, and

(b)any proceedings under the Second Group of Parts of the Insolvency Act 1986 commenced in the Bangor County Court before the coming into force of this Order.

Mackay of Clashfern, C

Dated 9th June 1994

Article 5

SCHEDULE

First ColumnSecond Column
NAME OF PLACEDISTRICT DEFINED BY REFERENCE TO COUNTY COURT DISTRICT
Bury St EdmundsBury St Edmunds
Chatham

Dartford

Gravesend

ChelmsfordChelmsford
DarlingtonDarlington
Doncaster

Doncaster

Rotherham

GloucesterGloucester
HalifaxHalifax
Kingston-upon-Hull

Goole

Kingston-upon-Hull

Lincoln

Grantham

Lincoln

Newark

Scarborough

Bridlington

Scarborough

Sunderland

Consett

Gateshead

Sunderland

Tunbridge WellsTunbridge Wells
Worcester

Evesham

Worcester

YorkYork

Explanatory Note

(This note is not part of the Order)

This Order amends the Civil Courts Order 1983 so as to—

(1) close the district registry of the High Court at Bangor (article 3);

(2) establish a district registry of the High Court at Llangefni (article 4);

(3) make consequential amendments to the definitions of the districts of district registries of the High Court which were previously defined by reference to county courts which have been closed (article 5);

(4) close the Bangor, Porthmadog and Stroud County Courts (article 6);

(5) give admiralty jurisdiction and insolvency jurisdiction to the Caernarfon County Court (article 6(2));

(6) give insolvency jurisdiction to the Llangefni County Court (article 6(4));

(7) attach the districts of the Colwyn Bay and Llangefni County Courts to the Caernarfon County Court for the purposes of admiralty jurisdiction (article 6(3) and (4)(a));

(8) assign the district of the Colwyn Bay County Court to the Caernarfon County Court for the purposes of insolvency jurisdiction (article 6(3)).

The Order also contains transitional provisions relating to admirality and individual insolvency proceedings commenced in county courts closed by this Order (article 7).

(4)

S.I.1983/713; the relevant amending instruments are S.I.1984/1075; 1986/2001; 1991/2211; 1992/593, 3071; 1993/3120 and 1994/706.

(5)

Directions given on behalf of the Lord Chancellor under section 2(3) of the County Courts Act 1984 will determine which court districts will include the former districts of the courts closed by this Order with effect from the date on which this Order comes into force.