2011 No. 2097

Senior Courts Of England And Wales
County Courts, England And Wales

The Civil Courts (Amendment No. 3) Order 2011

Made

Laid before Parliament

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 19841, section 99(1) of the Senior Courts Act 19812, sections 117 and 374 of the Insolvency Act 19863, section 1156(3) of the Companies Act 20064 and section 1156 of that Act as applied and modified by regulations made under sections 15 and 17 of the Limited Liability Partnerships Act 20005.

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 commencement1

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 courts2

The county courts listed in the Schedule are discontinued.

Establishment of a District Registry of the High Court3

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 Court

Receiving Court

Chorley County Court

Preston County Court

Evesham County Court

Banbury County Court, Worcester County Court

Grantham County Court

Boston County Court

Kidderminster County Court

Telford County Court, Worcester County Court

Ludlow County Court

Telford County Court, Worcester County Court

Melton Mowbray County Court

Kettering County Court, Leicester County Court, Nottingham County Court, Peterborough County Court

Newark County Court

Lincoln County Court, Mansfield County Court and Nottingham County Court

Oswestry County Court

Telford County Court, Welshpool County Court and Wrexham County Court

Rawtenstall County Court

Accrington County Court, Burnley County Court

Redditch County Court

Warwick County Court, Worcester County Court

Rugby County Court

Nuneaton County Court

Shrewsbury County Court

Telford County Court

Skegness County Court

Boston County Court

Stourbridge County Court

Dudley County Court

Stratford upon Avon County Court

Warwick County Court

Tamworth County Court

Burton upon Trent County Court, Nuneaton County Court

Wellingborough County Court

Bedford County Court and Kettering County Court

Worksop County Court

Mansfield 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 19838

1

The Civil Courts Order 19836 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 DjanoglyParliamentary Under Secretary of StateMinistry of Justice

I concur

Judge, C.J.Lord Chief Justice

SCHEDULECounty Courts to be discontinued

Article 2

  • 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.