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The Civil Courts (Amendment No. 3) Order 2011

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Statutory Instruments

2011 No. 2097

Senior Courts Of England And Wales

County Courts, England And Wales

The Civil Courts (Amendment No. 3) Order 2011

Made

21st August 2011

Laid before Parliament

26th August 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 99(1) of the Senior Courts Act 1981(2), sections 117 and 374 of the Insolvency Act 1986(3), section 1156(3) of the Companies Act 2006(4) and section 1156 of that Act as applied and modified by regulations made under sections 15 and 17 of the Limited Liability Partnerships Act 2000(5).

In accordance with section 2(1) of the County Courts Act 1984 and section 99(1) of the Senior Courts Act 1981, the Lord Chancellor has consulted the Lord Chief Justice before making this Order.

In accordance with sections 117 and 374 of the Insolvency Act 1986, section 1156(3) of the Companies Act 2006 and section 1156 as applied and modified by regulations made under sections 15 and 17 of the Limited Liability Partnerships Act 2000, the Lord Chief Justice concurs in the making of articles 4, 5 and 8(5)(a)(ii), (iii) and (iv) of this Order.

Citation and commencement

1.  This order may be cited as the Civil Courts (Amendment No. 3) Order 2011 and shall come into force—

(a)on 12th September 2011 in respect of Chorley County Court and articles 5 and 8(5)(b);

(b)on 3rd October 2011 in respect of Ludlow Count Court, Melton Mowbray County Court, Rawtenstall County Court, Redditch County Court, Shrewsbury County Court, Telford County Court and articles 3 and 8(5)(a)(i);

(c)on 10th October 2011 in respect of Evesham County Court, Kidderminster County Court, Newark County Court, Oswestry County Court, Tamworth County Court and Wellingborough County Court;

(d)on 17th October 2011 in respect of Grantham County Court, Rugby County Court, Skegness County Court, Stourbridge County Court, Stratford upon Avon County Court and Worksop County Court.

Closure of county courts

2.  The county courts listed in the Schedule are discontinued.

Establishment of a District Registry of the High Court

3.  A district registry of the High Court shall be established at Telford.

Jurisdiction under the Insolvency Act 1986

4.  Jurisdiction is conferred on Telford County Court for the purpose of Part IV and Parts VIII to XI of the Insolvency Act 1986.

5.  Jurisdiction is conferred on Workington County Court for the purpose of Part IV of the Insolvency Act 1986.

Transitional Provisions

6.  The county courts listed in Table 1 in the column headed ‘receiving court’ shall have jurisdiction in proceedings pending 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
Chorley County CourtPreston County Court
Evesham County CourtBanbury County Court, Worcester County Court
Grantham County CourtBoston County Court
Kidderminster County CourtTelford County Court, Worcester County Court
Ludlow County CourtTelford County Court, Worcester County Court
Melton Mowbray County CourtKettering County Court, Leicester County Court, Nottingham County Court, Peterborough County Court
Newark County CourtLincoln County Court, Mansfield County Court and Nottingham County Court
Oswestry County CourtTelford County Court, Welshpool County Court and Wrexham County Court
Rawtenstall County CourtAccrington County Court, Burnley County Court
Redditch County CourtWarwick County Court, Worcester County Court
Rugby County CourtNuneaton County Court
Shrewsbury County CourtTelford County Court
Skegness County CourtBoston County Court
Stourbridge County CourtDudley County Court
Stratford upon Avon County CourtWarwick County Court
Tamworth County CourtBurton upon Trent County Court, Nuneaton County Court
Wellingborough County CourtBedford County Court and Kettering County Court
Worksop County CourtMansfield 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(6) is amended as follows.

(2) In Schedule 1, omit—

(a)“Chorley” from its position in the second column opposite the entry for “Preston (CHANCERY)” in the first column;

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

(c)“Grantham” from its position in the second column opposite the entry for “Lincoln” in the first column;

(d)“Kidderminster” from its position in the second column opposite the entry for “Dudley” in the first column;

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

(f)“Melton Mowbray” from its position in the second column opposite the entry for “Leicester” in the first column;

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

(h)“Oswestry” from its position in the second column opposite the entry for “Wrexham” in the first column;

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

(j)“Redditch” from its position in the second column opposite the entry for “Birmingham (CHANCERY)” in the first column;

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

(l)“Shrewsbury” from its position in the first column and the corresponding entries for “Shrewsbury” and “Telford” in the second column;

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

(n)“Stourbridge” from its position in the second column opposite the entry for “Dudley” in the first column;

(o)“Stratford upon Avon” from its position in the second column opposite the entry for “Coventry” in the first column;

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

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

(r)“Worksop” from its position in the second column opposite the entry for “Chesterfield” in the first column.

(3) In Schedule 1, insert “Telford” in the appropriate alphabetical position in the first column and insert “Telford” in the corresponding entry in the second column.

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

(a)Chorley County Court;

(b)Evesham County Court;

(c)Grantham County Court;

(d)Kidderminster County Court;

(e)Ludlow County Court;

(f)Melton Mowbray County Court;

(g)Newark County Court;

(h)Oswestry County Court;

(i)Rawtenstall County Court;

(j)Redditch County Court;

(k)Rugby County Court;

(l)Shrewsbury County Court;

(m)Skegness County Court;

(n)Stourbridge County Court;

(o)Stratford upon Avon County Court;

(p)Tamworth County Court;

(q)Wellingborough County Court;

(r)Workshop County Court.

(5) In Schedule 3—

(a)at the entry for “Telford”—

(i)in column 1 (name of place), after “Telford” insert “(D.R.)”;

(ii)in column 2 (additional jurisdiction), before “Divorce” insert “Bankruptcy” and “Company or LLP”;

(iii)in column 4 (court to which the district is attached for bankruptcy and winding-up of companies purposes for those courts excluded from that jurisdiction), omit “Shrewsbury”;

(iv)in column 6 (court to which the district is attached for company and limited liability partnership matters for those courts excluded from that jurisdiction), omit “Shrewsbury”.

(b)at the entry for “Workington”, in column 1 (name of place), after “Workington” insert “(D.R.)”.

Signed by authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

10th August 2011

I concur

Judge, C.J.

Lord Chief Justice

21st August 2011

Article 2

SCHEDULECounty Courts to be discontinued

  • Chorley County Court

  • Evesham County Court

  • Grantham County Court

  • Kidderminster County Court

  • Ludlow County Court

  • Melton Mowbray County Court

  • Newark County Court

  • Oswestry County Court

  • Rawtenstall County Court

  • Redditch County Court

  • Rugby County Court

  • Shrewsbury County Court

  • Skegness County Court

  • Stourbridge County Court

  • Stratford upon Avon County Court

  • Tamworth County Court

  • Wellingborough County Court

  • Worksop County Court

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Civil Courts Order 1983 (S.I. 1983/713). The county courts listed in the Schedule to this Order are discontinued.

This Order establishes a district registry of the High Court at Telford and provides that Telford County Court has jurisdiction to deal with bankruptcy matters and to wind up companies.

This Order corrects an error in a previous Order by inserting an entry in Schedule 3 of the Civil Courts Order 1983 to reflect the creation of a district registry of the High Court at Workington. This Order also clarifies that Workington County Court has winding up jurisdiction.

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

(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)

1981 c.54. Section 99(1) was amended by paragraphs 114 and 143(1) and (2) 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) and section 374 was amended by paragraph 185 and 187 of Schedule 4 to that Act.

(5)

2000 c.12. The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804) were made under sections 15 and 17 of this Act. See regulation 77 of those regulations.

(6)

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

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