Statutory Instruments

1998 No. 2910

COUNTY COURTS

The Civil Courts (Amendment) (No. 2) Order 1998

Made

21st November 1998

Laid before Parliament

25th November 1998

Coming into force

Article 4(a)

31st December 1998

Remainder

24th December 1998

The Lord Chancellor, in exercise of the powers conferred on him by section 2(1) of the County Courts Act 1984(1), section 33(1) of the Matrimonial and Family Proceedings Act 1984(2) and section 374(1) of the Insolvency Act 1986(3), hereby makes the following Order:–

Citation and commencement

1.  This Order may be cited as the Civil Courts (Amendment) (No. 2) Order 1998 and shall come into force on 24th December 1998, except for article 4(a), which shall come into force on 31st December 1998.

Interpretation

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

Amendments to the 1983 Order

3.  In Schedule 1:

(a)“Camborne and Redruth” shall be deleted from its position in the second column opposite the entry for “Truro” in the first column;

(b)“West Bromwich” shall be deleted from its position in the first and second columns.

4.  In Schedule 3:

(a)the entry relating to Loughborough shall be deleted;

(b)the entries relating to Camborne, Hemel Hempstead and West Bromwich shall be deleted(5);

(c)the word “Divorce” shall be inserted in Column 2 opposite the entry for Penzance in Column 1;

(d)opposite the entry for Staines in Column 1, “Kingston-upon-Thames” shall replace “Slough” in Column 4.

5.  In Schedule 4, paragraph 3 shall be deleted.

6.  For the purpose of section 33(1) of the Matrimonial and Family Proceedings Act 1984, the County Court at Penzance is hereby designated as a divorce county court and court of trial.

Irvine of Lairg, C.

Dated 21st November 1998.

Explanatory Note

(This note is not part of the Order)

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

(a)close Camborne and Redruth, Hemel Hempstead and West Bromwich County Courts on 24th December 1998 and Loughborough County Court on 31st December 1998;

(b)confer divorce jurisdiction upon Penzance County Court;

(c)transfer bankruptcy jurisdiction for the district of Staines County Court from Slough County Court to Kingston-upon-Thames County Court.

(4)

S.I. 1983/713; there are no relevant amendments.

(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 Camborne, Hemel Hempstead and West Bromwich with effect from 24th December 1998 and the former district of Loughborough with effect from 31st December 1998.