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SCHEDULES

SCHEDULE 9Single county court in England and Wales

Part 3Further amendments

Amendment of references to “a county court”

52(1)In the provisions listed in sub-paragraph (2) (but subject to any specific amendments made by or under this Act)—

(a)for “A county court”, in each place, substitute “The county court”, and

(b)for “a county court”, in each place, substitute “the county court”.

(2)The provisions are—

Amendments of other references

53In section 7(1) of the Access to Neighbouring Land Act 1992 for “the county courts” substitute “the county court”.

54In section 40 of the Administration of Justice Act 1956 for “a county court”, and for “that county court”, substitute “the county court”.

55In section 26 of the Administration of Justice 1964 (Inner and Middle Temples in City of London for certain purposes including the law relating to county courts) omit “county courts,”.

56In section 96(1) of the Agricultural Holdings Act 1986 omit the definition of “county court”.

57In section 18(5) of the Agricultural Marketing Act 1958 omit the words from “within the district” to “may be brought”.

58In section 5 of the Agriculture (Miscellaneous Provisions) Act 1954—

(a)in subsections (2) and (3) for “county court rules” substitute “rules of court”, and

(b)omit subsection (4) (powers of district judge).

59In section 6 of the Allotments Act 1922 for “the judge of the county court having jurisdiction in the place where the land is situated”, and for “a county court”, substitute “the county court”.

60(1)In section 82(1) of the Arbitration Act 1996, in the definition of “legal proceedings”, after “civil proceedings” insert “in England and Wales in the High Court or the county court or in Northern Ireland”.

(2)In section 105 of that Act—

(a)in subsection (1) after ““the court”” insert “in relation to England and Wales means the High Court or the county court and in relation to Northern Ireland”,

(b)in subsection (2) before paragraph (a) insert—

(za)allocating proceedings under this Act in England and Wales to the High Court or the county court;,

(c)in subsection (2)(a) after “this Act” insert “in Northern Ireland”,

(d)in subsection (2)(b) after “or in” insert “the county court or (as the case may be)”,

(e)in the first sentence in subsection (3) after “a county court” insert “in Northern Ireland”, and

(f)in the second sentence in subsection (3) omit “England and Wales or, as the case may be,”.

61In section 22(6) of the Architects Act 1997 (appeals) after “appeal” insert “in England and Wales to the county court or, in Northern Ireland,”.

62In section 17(6) of the Audit Commission Act 1998 for “the county courts” substitute “the county court”.

63In section 5(1) of the Caravan Sites Act 1968 (meaning of “the court”) omit the words from “and any powers” to the end.

64In the Chancel Repairs Act 1932—

(a)in section 3(1)—

(i)omit “for the district in which the chancel is situate”, and

(ii)for “a county court” substitute “the county court”,

(b)in section 3(3)—

(i)for “a judge of county courts” substitute “the county court”, and

(ii)for “the judge” substitute “the court”, and

(c)in section 4(1) for “county court rules” substitute “rules of court”.

65In sections 10(7), 29(4) and 29A(1) of the Chiropractors Act 1994—

(a)after “appeal” insert “in England and Wales to the county court or in Northern Ireland”, and

(b)before “the sheriff” insert “to”.

66In section 18(2)(b) of the Civil Jurisdiction and Judgments Act 1982 for “or”, in the second place, substitute “in the High Court or the county court or in”.

67In the Civil Procedure Act 1997—

(a)in sections 1(1)(c) and 2(2)(e) and (f) for “county courts” substitute “the county court”, and

(b)in Schedule 1 (civil procedure rules)—

(i)in paragraph 3(1)(b) for “between county courts” substitute “within the county court”, and

(ii)in paragraph 3(2)(a)(ii) for “by another county court” substitute “elsewhere within the county court”.

68In section 25(5)(c) of the Commissioners for Revenue and Customs Act 2005, in the definition of “legal proceedings”, after “civil proceedings” insert “in England and Wales in the county court or in Northern Ireland”.

69In paragraph 11 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002 for “a county court”, and for “such a court”, substitute “the county court”.

70In section 41(1) of the Commons Act 2006 omit “in whose area the land is situated”.

71In section 2(7) of the Contracts (Rights of Third Parties) Act 1999 after “exercisable” insert “in England and Wales by both the High Court and the county court and in Northern Ireland”.

72In sections 115(1), 205(1) and 232(1) of the Copyright, Designs and Patents Act 1988 for “, Wales and” substitute “and Wales the county court and in”.

73In section 8(4) of the Coroners and Justice Act 2009 for “county courts” substitute “county court”.

74In section 30 of the Courts Act 1971 for “county courts” substitute “the county court”.

75In section 1B(5) of the Crime and Disorder Act 1998 for “which made an order under this section for it” substitute “for an order made under this section”.

76In section 10(1) of the Criminal Law Act 1977 for “by any” substitute “the”.

77In section 15(1) of the Data Protection Act 1998 after “exercisable” insert “in England and Wales by the High Court or the county court or, in Northern Ireland,”.

78In section 5 of the Debtors Act 1869—

(a)in paragraph (a) of proviso (1) for “or his deputy” substitute “of the court”,

(b)for “any county court” substitute “the county court”, and

(c)for “other than a” substitute “other than the”.

79In the Deeds of Arrangement Act 1914—

(a)in section 10(1) for the words after “copy of the deed to the” substitute “county court.”,

(b)in section 10(2) omit “the registrar of”, and

(c)in section 16 for “a county court” substitute “the county court”.

80In section 8 of the Disused Burial Grounds (Amendment) Act 1981—

(a)omit “in whose district the land is situated who”, and

(b)omit the words after “costs of the application”.

81In the Enterprise Act 2002—

(a)in section 16(6) after “High Court” insert “or the county court”,

(b)in section 215(5)(a) omit “England and Wales or”,

(c)in section 215(5) before paragraph (a) insert—

(za)the High Court or the county court if the person against whom the order is sought carries on business or has a place of business in England and Wales;, and

(d)in paragraph 25(a) of Schedule 4 for “a county court in England and Wales or” substitute “the county court in England and Wales or the High Court or a county court in”.

82In the Estate Agents Act 1979—

(a)in the definition of “court” in section 11A(4) omit “England and Wales and” and before paragraph (a) insert—

(za)in England and Wales, the High Court or the county court;, and

(b)in paragraph 6(1) of Schedule 4 after “appeal” insert “in England and Wales to the county court or, in Northern Ireland,”.

83In section 133(8)(a) of the Financial Services and Markets Act 2000 before “as if” insert “in England and Wales, as if it were an order of the county court or, in Northern Ireland,”.

84(1)In section 22 of the Friendly Societies Act 1974 after subsection (2) insert—

(2A)In the application of subsection (2) to England and Wales, for the words “for the district in which the member resides” there shall be substituted “if the member resides in England and Wales.

(2)In section 80(2)(b) of that Act after “brought” insert “in England and Wales in the county court or, in Northern Ireland,”.

(3)In section 93(3) of that Act—

(a)for the words from “make an application—” to the end of paragraph (a) substitute “make an application to the county court in England and Wales if the chief or any other place of business of that society or branch is situated in England and Wales or may make an application—”, and

(b)for “such application” substitute “application under this subsection”.

85(1)In section 82(4) of the Friendly Societies Act 1992 after “brought” insert “in England and Wales in the county court or, in Northern Ireland,”.

(2)In section 119(1) of that Act in the definition of “the court” for “Wales or” substitute Wales, the county court;

(aa)in the case of a body whose registered office is situated in.

86(1)In section 48 of the Government Annuities Act 1929 after subsection (2) insert—

(2A)For the purposes of this section, England and Wales is to be treated as the district of the county court in England and Wales.

(2)In section 61(1) of that Act after “a county court” insert “in Northern Ireland or the county court in England and Wales”.

87Omit section 59(4) of the Highways Act 1980 and, in consequence, omit paragraph 8(2) of Schedule 3 to the Administration of Justice Act 1982.

88In paragraph 6(2) of Schedule 18 to the Housing Act 1985 for “a county court judge”, and for “the county court judge”, substitute “a judge of the county court”.

89In paragraph 13 of Schedule 13 to the Housing Act 2004 for “such a” substitute “that”.

90In the Immigration and Asylum Act 1999—

(a)in section 25(5)(a) after “granted” insert “in England and Wales by the county court or in Northern Ireland”,

(b)in section 43(3)(a) after “a county court” insert “in Northern Ireland, or the county court in England and Wales,”, and

(c)in sections 89(7), 92(1) and 112(4) after “a county court” insert “in Northern Ireland or the county court in England and Wales”.

91In section 42(3)(b) of the Industrial and Provident Societies Act 1965 for “that county court or” substitute “the county court or that”.

92In section 25(1) of the Inheritance (Provision for Family and Dependants) Act 1975 in the definition of “the court”—

(a)for “a county” in both places substitute “the county”, and

(b)for “22 of this Act” substitute “25 of the County Courts Act 1984”.

93In the Insolvency Act 1986—

(a)in section 117(2) (county court winding-up jurisdiction)—

(i)for “the amount of a company’s” substitute “in the case of a company registered in England and Wales the amount of its”, and

(ii)omit “of the district in which the company’s registered office is situated”,

(b)omit section 117(4) and (6),

(c)in section 197(1)(a) for “a specified” substitute “the”,

(d)in section 373(1) for “county courts” substitute “county court”,

(e)in section 373(3)(a) for “Central London County Court” substitute “county court”,

(f)in section 373(3)(b) (jurisdiction in relation to insolvent individuals)—

(i)for “each” substitute “the”, and

(ii)for “the insolvency district of that court” substitute “any other insolvency district”,

(g)in section 374(1) for the words from “of each” to the end substitute “, or districts, of the county court.”,

(h)in section 399(3) for the words from “a county court” to the end substitute “the county court.”,

(i)in section 399(5)—

(i)for the words from “each” to “Parts” substitute “the county court”, and

(ii)for “two or more different” substitute “both”,

(j)in section 399(6) for “another” substitute “the other”,

(k)for section 413(3)(d) substitute—

(d)a district judge;, and

(l)in paragraph 2 of Schedule 9—

(i)omit “or a registrar of a county court having jurisdiction for the purposes of those Parts”, and

(ii)omit “or, as the case may be, that county court”.

94In Schedule 1 to the Interpretation Act 1978, in paragraph (a) of the definition of “County court”, for “a court held for a district under” substitute “the county court established under section A1 of”.

95In section 26(7)(g) of the Judicial Retirement and Pensions Act 1993 omit “in the county courts”.

96In the Juries Act 1974—

(a)in sections 1(1), 2(1) and 12(6) for “county courts” substitute “the county court”, and

(b)in section 7 for “any county”, and in sections 17(2) and 23(2) for “a county”, substitute “the county”.

97In section 1(6A) of the Land Charges Act 1972 for “county courts” substitute “county court”.

98In section 10 of the Landlord and Tenant (Requisitioned Land) Act 1942, and in section 2(2) of the Landlord and Tenant (Requisitioned Land) Act 1944, after “exercised” insert “in England and Wales by the county court and in Northern Ireland”.

99In paragraph 4 of Schedule 2 to the Leasehold Reform Act 1967—

(a)omit “making the order or another county court”, and

(b)for “county courts” substitute “the county court”.

100In paragraph 4 of Schedule 14 to the Leasehold Reform, Housing and Urban Development Act 1993 omit “or another county court”.

101In section 194(10) of the Legal Services Act 2007 in the definition of “civil court” as originally enacted and as substituted by section 61 of the Legal Aid, Sentencing and Punishment of Offenders Act 2007 for “any county” substitute “the county”.

102In section 35(3) of the Limitation Act 1980 for “any county” substitute “the county”.

103In paragraph (a) of the second sentence in section 1(1) of the Litigants in Person (Costs and Expenses) Act 1975 before “in a county court” insert “in England and Wales in the county court or in Northern Ireland”.

104In sections 62(1) and 87(2) of the Local Government Act 1948 omit “for the county court district in which the property in question is situated”.

105In the London Building Acts (Amendment) Act 1939 (c. xcvii)

(a)in section 103(2) for “such court”, in both places, substitute “that court”, and

(b)in section 107(1) omit “of the district in which the premises are situate”.

106In Schedule 1 to the London Local Authorities Act 1996 (c. ix)

(a)in paragraph 9(1) for “if a county” substitute “if the county”,

(b)in paragraph 10(1)(a) for “a county” substitute “the county”, and

(c)in paragraph 10(1)(c) omit “which made the order”.

107In section 64(2)(b) of the London Local Authorities Act 2007 (c. ii) for “if a county” substitute “if the county”.

108In paragraph 7 of Schedule 1 to the London Local Authorities and Transport for London Act 2003 (c. iii) until its repeal by the Traffic Management Act 2004 is fully in force—

(a)in sub-paragraph (1)(c) omit “which made the order”,

(b)in sub-paragraph (5) for “a district judge” substitute “the county court”,

(c)in sub-paragraphs (6), (7) and (8)(d) for “district judge” substitute “county court”, and

(d)in sub-paragraph (7) for “he” substitute “the court”.

109In section 25 of the London Overground Wires &c. Act 1933 (c. xliv) for “any county court having otherwise jurisdiction in the matter” substitute “the county court”.

110In paragraph 8(3) of Schedule 3B to the Medical Act 1983 after “made” insert “in England and Wales to the county court or, in Northern Ireland,”.

111In paragraph 28 of Schedule 3 to the Medicines Act 1968 after sub-paragraph (2) insert—

(2A)For the purposes of this paragraph, England and Wales is to be treated as the district of the county court in England and Wales.

112In section 31 of the Mental Health Act 1983 for “County court rules” substitute “rules of court”.

113In section 5(1) of the Mobile Homes Act 1983, in paragraph (a) of the definition of “the court”, omit “for the district in which the protected site is situated”.

114In section 73 of the Offices, Shops and Railway Premises Act 1963—

(a)in subsections (1) and (2) for “county court within whose jurisdiction the premises are situate” substitute “court”, and

(b)for subsection (3) substitute—

(3)In subsections (1) and (2) “the court”, in relation to any premises, means—

(a)the county court if the premises are in England and Wales, or

(b)if the premises are in Scotland, the sheriff within whose jurisdiction the premises are situate.

115In section 4(2) of the Open Spaces Act 1906 after “shall” insert “in England and Wales be either the High Court or the county court and, in Northern Ireland, shall”.

116In sections 10(7), 29(4) and 29A(1) of the Osteopaths Act 1993—

(a)after “may appeal” insert “in England and Wales to the county court or in Northern Ireland”, and

(b)before “the sheriff” insert “to”.

117In paragraphs 4(4) and 12(4) of Schedule 4 to the Parliamentary Standards Act 2009 for “a county court” substitute “the county court in England and Wales or a county court in Northern Ireland”.

118In section 23(2) of the Partnership Act 1890 for “or a county court,” substitute “or the county court in England and Wales or a county court in Northern Ireland,”.

119In section 152 of the Pension Schemes Act 1993—

(a)in subsection (1)(a) for “county courts” substitute “the county court”, and

(b)in subsection (2) for “the county court rules” substitute “rules of court”.

120In paragraph 11(2) of Schedule 3 to the Plant Varieties Act 1997 for “the county court rules” substitute “rules of court”.

121In the Political Parties, Elections and Referendums Act 2000—

(a)in section 48(12)(a) for “or” substitute “means the county court and, in”,

(b)in sections 77(4), 92(4) and 115(4) after “may apply” insert “in England and Wales to the High Court or the county court or, in Northern Ireland,”,

(c)in sections 77(12) and 92(8) for the words after “In” substitute “its application to Gibraltar, subsection (4) has effect as if for the words between “apply” and “leave” there were substituted “to the Gibraltar court for”.”, and

(d)in paragraphs 2(7), 6(7), 9(4) and 13(3) of Schedule 19C after “is to” insert “(in England and Wales) the county court or (in Northern Ireland)”.

122Omit section 9(2) of the Protection from Eviction Act 1977 (exercise of jurisdiction by district judges).

123In section 9(5) of the Protection of Children Act 1999 after “imposed” insert “in England and Wales by the county court or in Northern Ireland”.

124In section 32(10) of the Public Audit (Wales) Act 2004 for “courts” substitute “court”.

125In paragraph 6(2)(a) of Schedule A1 to the Regulation of Investigatory Powers Act 2000 for “a county court” substitute “the county court in England and Wales or a county court in Northern Ireland”.

126In section 104(1) of the Road Traffic Act 1988 (conduct of proceedings)—

(a)for “before the registrar of a” substitute “the”, and

(b)after “may” insert “, except in the county court if rules of court provide otherwise,”.

127In section 113(3) of the Settled Land Act 1925 for “any county” substitute “the county”.

128In paragraph 9(3)(a) of Schedule 5 to the Social Security Act 1989 for “such a” substitute “that”.

129In paragraph 3(1) of Schedule 4 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 after “proceedings” insert “in England and Wales in the county court or in Northern Ireland”.

130In the Solicitors Act 1974—

(a)in section 61(6) for “any county” substitute “the county”,

(b)in section 68(2) for “that county” substitute “the county”, and

(c)in section 69(3) for “any county court in which any part of the business was done” substitute “the county court”.

131In section 61(3)(a) of the Taxation of Chargeable Gains Act 1992 for “county courts” substitute “the county court”.

132In section 66(1) of the Taxes Management Act 1970 after “proceedings” insert “in England and Wales in the county court or in Northern Ireland”.

133In the Torts (Interference with Goods) Act 1977—

(a)in section 4(4)—

(i)for “under section”, in the first place, substitute “for the High Court in England and Wales”,

(ii)omit “84 of the Senior Courts Act 1981”, and

(iii)omit “99 of the Supreme Court of Judicature (Consolidation) Act 1925”,

(b)in section 4(5)—

(i)after “in relation to county courts” insert “in Northern Ireland”,

(ii)after “High Court” insert “in Northern Ireland”, and

(iii)omit “84”, “99”, “of the said Act of”, “1981”, “1925”, “section or” and “section 75 of the County Courts Act 1984 or”,

(c)in section 4 after subsection (5) insert—

(6)Subsections (1) to (4) have effect in relation to the county court in England and Wales as they have effect in relation to the High Court in England and Wales.,

(d)in section 9(3) and (4) after “brought” insert “in England and Wales in the county court or in Northern Ireland”,

(e)in section 9(3)—

(i)before “county court rules” insert “rules of court or”, and

(ii)for “same county” substitute “same”, and

(f)in section 13(3) for the words from the beginning to “if” substitute “In this section “the court”, in relation to England and Wales, means the High Court or the county court and, in relation to Northern Ireland, means the High Court or a county court, save that a county court in Northern Ireland has jurisdiction in the proceedings only if”.

134In section 75(1) of the Trade Marks Act 1994 for “or a county court having” substitute “, or the county court where it has”.

135In section 82(2)(b) of the Traffic Management Act 2004 for “if a county” substitute “if the county”.

136In the Tribunals, Courts and Enforcement Act 2007—

(a)in section 121(8) for paragraphs (a) and (b) substitute—

(aa)in relation to an administration order or an enforcement restriction order: the county court;, and

(b)omit sections 123(6) and 131(2), and paragraph 79(2)(b) of Schedule 13.

137In section 67(2) of the Trustee Act 1925 for “county courts” substitute “the county court”.

138In section 11(1)(a) of the UK Borders Act 2007 for “a county court, in England and Wales or” substitute “the county court in England and Wales or a county court in”.

139In section 5CE(5)(a) of the Veterinary Surgeons Act 1966 for “a county court” substitute “the county court in England and Wales or a county court in Northern Ireland”.

140In paragraph 11(1) of Schedule 15 to the Water Resources Act 1991 omit “for the area in which the land or any part of it is situated”.