The County Court (Amendment No. 3) Rules 1996

Arbitration Act 1996(1)

5.—(1) Order 48C(2) shall be amended in accordance with the following paragraphs of this rule.

(2) For rule 1(1) there shall be substituted the following—

“(1) This Order applies to business actions and arbitration applications and proceedings which are included in the Central London County Court Business List.”.

(3) In rule 1(2) there shall be inserted, after the definition of “action”, the following

• “‘arbitration application’ has the meaning given by RSC Order 73, rule 2;”.

(4) Rule 1(2) shall be further amended by substituting, for the definition of “the judge”, the following—

• “‘the judge’ means a judge having control of an action or matter to which this Order applies.”.

(5) Rule 3(2)(h) shall be omitted.

(6) After rule 15 there shall be inserted the following new rule—

“Arbitration applications and proceedings

16.— (1) An arbitration application (whether commenced in the Central London County Court or transferred to that court by the High Court) shall be included in the business list.

(2) There shall also be included in the business list proceedings to enforce an award

(a) under section 26 of the Arbitration Act 1950(3), or

(b) under section 66 or 101(2) of the Arbitration Act 1996.

(3) The judge may also determine any other application under the Arbitration Act 1950 or under the Arbitration Act 1979(4) which may be transferred to the business list by the High Court.

(4) All the provisions of RSC Order 73(5) shall apply to such applications and proceedings.”.

(1)

1996 c. 23.

(2)

Order 48C was added by S.I. 1994/1288.

(3)

Section 26 was amended by the Administration of Justice Act 1977 (c. 38), section 17(2), the County Courts Act 1984 (c. 28), Schedule 2 paragraph 22 and S.I. 1991/724.

(4)

1979 c. 42.

(5)

S.I. 1996/3219 inserts a new Order 73 into the Rules of the Supreme Court 1965, S.I. 1965/1776.