Search Legislation

The Civil Courts (Amendment) Order 2011

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2011 No. 1465

Senior Courts Of England And Wales

County Courts, England And Wales

The Civil Courts (Amendment) Order 2011

Made

10th June 2011

Laid before Parliament

13th June 2011

Coming into force in accordance with article 1

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 2(1) of the County Courts Act 1984(1), section 33(1) of the Matrimonial and Family Proceedings Act 1984(2) and sections 117(4) and 374 of the Insolvency Act 1986(3).

In accordance with section 2(1) of the County Courts Act 1984 the Lord Chancellor has consulted the Lord Chief Justice before making the Order.

In accordance with section 33(1) of the Matrimonial and Family Proceedings Act 1984 and sections 117(4) and 374 of the Insolvency Act 1986 the Lord Chief Justice concurs in the making of articles 4 and 5 of this Order.

Citation and commencement

1.  This Order may be cited as the Civil Courts (Amendment) Order 2011 and shall come into force—

(a)in respect of Cheltenham County Court, Goole County Court, Harlow County Court, Hitchin County Court, Huntingdon County Court, Leigh County Court, Lowestoft County Court, Newbury County Court, Penzance County Court, Poole County Court and Whitehaven County Court, on 4th July 2011;

(b)in respect of Ashford County Court, Bishop Auckland County Court, Consett County Court, Epsom County Court and Haywards Heath County Court, on 18th July 2011;

(c)in respect of Aberdare County Court, Northwich County Court, Penrith County Court, Pontypool County Court, Runcorn County Court and Southport County Court, on 1st August 2011;

(d)in respect of Salford County Court, on 8th August 2011.

Closure of county courts

2.  The county courts listed in the Schedule to this Order are discontinued.

Establishment of Workington County Court

3.  A county court shall be held at Workington and named West Cumbria County Court.

Jurisdiction under the Insolvency Act 1986

4.  Jurisdiction is conferred on the West Cumbria County Court for the purposes of Parts VIII to XI of the Insolvency Act 1986.

Divorce Jurisdiction

5.  For the purposes of section 33(1) of the Matrimonial and Family Proceedings Act 1984 the West Cumbria County Court shall be a divorce county court and a court of trial.

Transitional Provisions

6.  (1)  The county courts listed in Table 1 in the column headed ‘receiving court’ shall have jurisdiction in proceedings begun at the county court in the column headed ‘closing court’ before this Order comes into force in accordance with directions made under section 2 of the County Courts Act 1984.

Table 1

Closing CourtReceiving Court
Aberdare County CourtMerthyr Tydfil County Court
Ashford County CourtCanterbury County Court, Maidstone County Court
Bishop Auckland County CourtDarlington County Court, Durham County Court
Cheltenham County Court

Gloucester and Cheltenham County Court

Consett County CourtDurham County Court, Gateshead County Court
Epsom County CourtCroydon County Court, Guildford County Court, Kingston County Court, Reigate County Court
Goole County CourtDoncaster County Court
Harlow County CourtChelmsford County Court
Haywards Heath County CourtBrighton County Court, Horsham County Court, Reigate County Court, Tunbridge Wells County Court
Hitchin County CourtBedford County Court, Cambridge County Court and Luton County Court,
Huntingdon County CourtPeterborough County Court
Leigh County CourtWarrington County Court, Wigan County Court.
Lowestoft County CourtNorwich County Court
Newbury County CourtReading County Court
Northwich County CourtChester County Court, Crewe County Court
Penrith County CourtCarlisle County Court, Kendal County Court
Penzance County CourtTruro County Court
Pontypool County CourtBlackwood County Court
Poole County CourtBournemouth and Poole County Court
Runcorn County CourtWarrington County Court
Salford County CourtBury County Court, Manchester County Court
Southport County CourtLiverpool County Court
Whitehaven County CourtWest Cumbria County Court

7.  No process shall be invalid only because the holding of any court named in the process has been discontinued by this Order.

Amendments to the Civil Courts Order 1983

8.  (1)  The Civil Courts Order 1983(4) is amended as follows.

(2) In Schedule 1, omit —

(a)“Aberdare” from its position in the second column opposite the entry for “Pontypridd” in the first column;

(b)“Ashford” from its position in the second column opposite the entry for “Canterbury” in the first column;

(c)“Bishop Auckland” from its position in the second column opposite the entry for “Durham” in the first column;

(d)“Cheltenham” from its position in the first column and the corresponding entry for “Cheltenham” in the second column;

(e)“Consett” from its position in the second column opposite the entry for “Sunderland” in the first column;

(f)“Epsom” from its position in the second column opposite the entry for “Guildford” in the first column;

(g)“Goole” from its position in the second column opposite the entry for “Doncaster” in the first column;

(h)“Gravesend” from its position in the second column opposite the entry for “Chatham” in the first column.

(i)“Harlow” from its position in the first column and the corresponding entries for “Harlow” and “Hertford” in the second column;

(j)“Haywards Heath” from its position in the second column opposite the entry for “Brighton” in the first column;

(k)“Hitchin” from its position in the second column opposite the entry for “Luton” in the first column;

(l)“Huntingdon” from its position in the second column opposite the entry for “Peterborough” in the first column;

(m)“Leigh” from its position in the second column opposite the entry for “Wigan” in the first column;

(n)“Lowestoft” from its position in the first column and the corresponding entry for “Lowestoft” in the second column;

(o)“Nelson from its from its position in the second column opposite the entry for “Burnley” in the first column;

(p)“Newbury” from its position in the second column opposite the entry for “Reading” in the first column;

(q)“Northwich” from its position in the second column opposite the entry for “Crewe” in the first column;

(r)“Penrith” from its position in the second column opposite the entry for “Carlisle” in the first column;

(s)“Penzance” from its position in the second column opposite the entry for “Truro” in the first column;

(t)“Pontypool” from its position in the second column opposite the entry for “Newport (Gwent)” in the first column;

(u)“Poole” from its position in the second column opposite the entry for “Bournemouth” in the first column;

(v)“Runcorn” from its position in the second column opposite the entry for “Chester” in the first column;

(w)“Salford” from its position in the first column and the corresponding entry for “Salford” in the second column;

(x)“Southport” from its position in the first column and the corresponding entry for “Southport” in the second column;

(y)“Whitehaven” from its position in the first column and the corresponding entry for “Whitehaven” in the second column.

(3) In Schedule 1, insert—

(a)“Hertford” in the second column opposite the entry for “Chelmsford” in the first column;

(b)“Workington” in the appropriate alphabetical position in the first column and insert “Workington” in the corresponding entry in the second column.

(4) In Schedule 3, omit the entry relating to—

(a)Aberdare County Court;

(b)Ashford County Court;

(c)Bishop Auckland County Court;

(d)Cheltenham County Court;

(e)Consett County Court;

(f)Epsom County Court;

(g)Goole County Court;

(h)Leigh County Court;

(i)Harlow County Court;

(j)Haywards Heath County Court;

(k)Hitchin County Court;

(l)Huntingdon County Court;

(m)Lowestoft County Court;

(n)Newbury County Court

(o)Northwich County Court;

(p)Penrith County Court;

(q)Penzance County Court;

(r)Pontypool County Court;

(s)Poole County Court;

(t)Runcorn County Court;

(u)Salford County Court;

(v)Southport County Court;

(w)Whitehaven County Court.

(5) In Schedule 3, after the entry for “Welshpool” insert—

(a)in the first column “Workington”;

(b)in the second column “Bankruptcy”, “Company or LLP” and “Divorce”.

(6) In Schedule 4 insert at the end—

15.  The name of the county court at Bournemouth shall be the Bournemouth and Poole County Court.

16.  The name of the county court at Gloucester shall be the Gloucester and Cheltenham County Court.

17.  The name of the county court at Workington shall be the West Cumbria County Court..

Signed by authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

8th June 2011

I concur

Judge, C.J.

Lord Chief Justice

10th June 2011

Article 2

SCHEDULECounty Courts to be discontinued

  • Aberdare County Court

  • Ashford County Court

  • Bishop Auckland County Court

  • Cheltenham County Court

  • Consett County Court

  • Epsom County Court

  • Goole County Court

  • Leigh County Court

  • Harlow County Court

  • Haywards Heath County Court

  • Hitchin County Court

  • Huntingdon County Court

  • Lowestoft County Court

  • Newbury County Court

  • Northwich County Court

  • Penrith County Court

  • Penzance County Court

  • Pontypool County Court

  • Poole County Court

  • Runcorn County Court

  • Salford County Court

  • Southport County Court

  • Whitehaven County Court

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Civil Courts Order 1983. The county courts listed in the Schedule to this Order are discontinued.

A new county court is to be held at Workington, named West Cumbria County Court.

Jurisdiction in respect of existing cases in closing courts is transferred to named courts. Where the district of a closing court is redistributed to more than one court, directions made by the Lord Chancellor, which will be available at http://www.justice.gov.uk/publications/bills-and-acts/index.htm, indicate the new districts.

This Order corrects references to closed courts that should have been removed previously.

(1)

1984 c. 28. Section 2(1) was amended by paragraphs 160 and 161 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

(2)

1984 c. 42. Section 33(1) was amended by paragraphs 171 and 172 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

(3)

1986 c. 45. Section 117 was amended by paragraphs 185 and 186 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

(4)

S.I. 1983/713. There have been numerous amendments none of which are relevant.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources