County Courts Act 1984 (c. 28)

Part IX U.K. Miscellaneous and General

General U.K.

147 Interpretation. E+W

(1) In this Act, unless the context otherwise requires—

• “action” means any proceedings in a county court which may be commenced as prescribed by plaint;

• “Admiralty county court” means a county court appointed to have Admiralty jurisdiction by order under this Act;

• “Admiralty proceedings” means proceedings in which the claim would not be within the jurisdiction of a county court but for sections 26 and 27;

• “bailiff” includes a registrar;

• “the county court limit” means—

  (a)

  in relation to any enactment contained in this Act for which a limit is for the time being specified by an Order under section 145, that limit,

  (b)

  F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (c)

  in relation to any enactment contained in this Act and not within paragraph (a) F1 . . ., the county court limit for the time being specified by any other Order In Council or order defining the limit of county court jurisdiction for the purposes of that enactment;

• F2 . . .

• “court” and “county court” mean a court held for a district under this Act;

• [F3 “deposit-taking institution” means a person who may, in the course of his business, lawfully accept deposits in the United Kingdom;]

• “district” and “county court district” mean a district for which a court is to be held under section 2;

• F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “hearing” includes trial, and “Hear” and “Heard” shall be construed accordingly;

• “hereditament” includes both a corporeal and an incorporeal hereditament;

• “judge”, in relation to a county court, means a judge assigned to the district of that court under subsection (1) of section 5 and any person sitting as a judge for that district under subsection (3) or (4) of that section;

• “judgment summons” means a summons issued on the application of a person entitled to enforce a judgment or order under section 5 of the M1 Debtors Act 1869 requiring a person, or where two or more persons are liable under the judgment or order, requiring any one or more of them, [F5 to attend court];

• “landlord”, in relation to any land, means the person entitled to the immediate reversion or, if the property therein is held in joint tenancy, any of the persons entitled to the immediate reversion;

• [F6 “legal representative”means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990.]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

• “matter” means every proceeding in a county court which may be commenced as prescribed otherwise than by plaint;

• “officer”, in relation to a court means [F8 any district judge or deputy district judge assigned to that court] and any clerk, bailiff, usher or messenger in the service of that court;

• “part-time registrar” and “part-time assistant registrar” have the meaning assigned to them by section 10(3);

• “party” includes every person served with notice of, or attending, any proceeding, whether named as a party to that proceeding or not;

• “prescribed” means prescribed by [F9 rules of court];

• “probate proceedings” means proceedings brought in a county court by virtue of section 32 or transferred to that court under section 40;

• “proceedings” includes both actions and matters;

• “registrar” and “registrar of a county court” mean a registrar appointed for a district under this Act, or in a case where two or more registrars are appointed jointly, either or any of those registrars;

• “return day” means the day appointed in any summons or proceeding for the appearance of the defendant or any other day fixed for the hearing of any proceedings;

• F2 . . .

• “ship” includes any description of vessel used in navigation;

• “solicitor” means solicitor of the Supreme Court;

• F10 . . .

• F10 . . .

[F11 (1A) The definition of “deposit-taking institution” in subsection (1) must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order under that section; and

(c) Schedule 2 to that Act.]

(2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F1 Words in s. 147(1) repealed by S.I. 1991/724, art. 2(8), Schedule Part I

F2 Definitions in s. 147(1) omitted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 2(9); S.I. 1999/1009, art. 3(j)

F3 Definition of "deposit-taking institution" in s. 147(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 296(2)

F4 S. 147(1): definition repealed (4.1.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110(1), Sch. 8 para. 277, Sch. 10; S.I. 2004/3123, art. 2(b)(iii)(c)(iii)

F5 Words in s. 147(1) substituted (25.3.2002) by The Civil Procedure (Modification of Enactments) Order 2002 (S.I. 2002/439), art. 9

F6 Definition in s. 147(1) added (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37,) s. 125(3), Sch. 18 para. 49(1); S.I. 1991/608, art. 2, Sch.

F7 Words in s. 147(1) repealed by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(3), Sch. 3

F8 Words in s. 147(1) substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 56, 148(5), Sch. 11 para. 9

F9 Words in s. 147 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, arts. 3(b), 4(c)

F10 Definitions in s. 147(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 2.

F11 S. 147(1A) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 296(3)

F12 S. 147(2)(3) repealed by S.I. 1990/776, art. 3, Sch. 1

Marginal Citations

M1 1869 c. 62.