Courts Act 1971

PART IIIOther Local Courts

Interpretation

10In this Part of this Schedule—

• " the local courts " means the courts abolished by section 43(1) of this Act and "local court" means any one of those courts ;

• " the relevant date " in relation to a local court means the date on which it is abolished ; and

• " the county court ", in relation to a local court, means the county court for the district in which the local court is situated.

Pending proceedings

11(1)Subject to any provision made (whether before or after the relevant date) by county court rules:—

(a)any proceedings which had been begun in a local court before the relevant date may be continued on and after that date in the county court, whether or not the proceedings could have been begun in that or any other county court; and

(b)anything done in accordance with the rules applicable to proceedings in the local court shall be treated as having been done in accordance with the rules applicable to corresponding proceedings in the county court.

(2)Any act, judgment or order of a local court in any proceedings shall have the like effect, and further proceedings may be taken in respect of it, as if it were an act, judgment or order of the county court.

(3)Where, by virtue of sub-paragraph (1) above, any proceedings are continued in a county court which could not have been begun in that or any other county court, the court shall have jurisdiction to deal with the proceedings in the like manner as the local court would have had if it had not been abolished.

Fees

12(1)All fees and similar payments which, having become due in a local court, had not been paid before the relevant date shall on and after that date become due to the appropriate local authority, and all sums which immediately before that date stood to the credit of, or were awaiting payment into, any account maintained by a local court for the receipt of fees and similar payments shall on that date vest in the appropriate local authority.

(2)All money due to the appropriate local authority by virtue of sub-paragraph (1) above shall be recoverable as if it were due to the authority under an order of the High Court.

(3)For the purposes of this paragraph " the appropriate local authority" means—

(a)in relation to the Tolzey Court or the Pie Poudre Court of the City and County of Bristol, the council of the county borough of Bristol;

(b)in relation to the Liverpool Court of Passage, the council of the county borough of Liverpool;

(c)in relation to the Norwich Guildhall Court, the council of the county borough of Norwich ; and

(d)in relation to the Court of Record for the Hundred of Salford, the council of the county borough of Manchester.

Funds in court

13On the relevant date all investments and money which immediately before that date constituted the funds in court in a local court shall, by virtue of this Act and without any transfer or assignment, be vested in the registrar of the county court as funds in that court.

Court records

14All records of the local courts shall on and after the relevant date be deemed to be records of county courts and may be dealt with accordingly under the [1958 c. 51.] Public Records Act 1958.