1981 No. 1123 (L.9)
The County Courts Jurisdiction Order 1981
Laid before Parliament in draft
Made
Coming into Operation
At the Court at Buckingham Palace, the 31st day of July 1981
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of the following Order was laid before Parliament and approved by resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by section 192 of the County Courts Act 19591 and all other powers enabling Her Majesty, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
1
This Order may be cited as the County Courts Jurisdiction Order 1981 and shall come into operation on 1st October 1981.
2
Subject to the transitional provisions set out in the Schedule to this Order, the enactments specified in column 1 of the following table shall be amended by substituting for the sum specified in column 2 opposite each such enactment, wherever such sum appears therein, the sum so specified in column 3:—
Column1 | Column2 | Column3 |
|---|---|---|
County Courts Act 1959: | ||
Section 39 (contract and tort) | £2,000 | £5,000 |
Section 40 (money recoverable by statute) | £2,000 | £5,000 |
Section 41 (abandonment of excess) | £2,000 | £5,000 |
Section 45 (transfer from High Court to county court) | £2,000 | £5,000 |
Section 47(1)(a) and (1A)(a) (county court costs in High Court) | £1,200 | £3,000 |
Section 47(1)(b) and (1A)(b) (no costs in High Court) | £350 | £600 |
Section 52 (equity) | £15,000 | £30,000 |
Section 62 (probate) | £15,000 | £30,000 |
Section 68 (transfer of interpleader from High Court to county court) | £2,000 | £5,000 |
Section 80 (action by minor for wages) | £2,000 | £5,000 |
Section 102(3)(c) (registrars' jurisdiction) | £200 | £500 |
Section 146 (attachment of debts) | £2,000 | £5,000 |
First Schedule (miscellaneous jurisdiction) | £15,000 | £30,000 |
£2,000 | £5,000 | |
Settled Land Act 1925, section 113(3) | £15,000 | £30,000 |
Solicitors Act 1974, section 69(3) (actions for solicitors' costs) | £2,000 | £5,000 |
Consumer Credit Act 1974, section 139(5) (re-opening of extortionate credit agreements) | £2,000 | £5,000 |
Charging Orders Act 1979, section 1(2)(c) | £2,000 | £5,000 |
3
The County Courts Jurisdiction Order 1977 is hereby revoked.
SCHEDULETRANSITIONAL PROVISIONS
1
The amendments made by this Order in sections 45, 68 and 146 of the County Courts Act 1959 (hereinafter referred to as “the Act”) shall apply to proceedings begun before, as well as to proceedings begun on or after, 1st October 1981.
2
In relation to proceedings begun before 1st October 1981—
a
the amendments made by this Order in section 47 of the Act shall not apply;
b
the High Court, or a judge thereof, shall have the same powers under section 54 of the Act as it or he would have if the proceedings had been begun after that date; and
c
a judge may, if he sees fit, refuse to make an order under section 66 of the Act if the proceedings are within the jurisdiction of a county court as extended by this Order.