County Courts Act 1984

GeneralU.K.

146 Lords Commissioners to representLord Chancellorwhen Great Seal in commission.E+W

When the Great Seal is in commission, the Lords Commissioners shall represent the Lord Chancellor for the purposes of this Act; but the powers vested in him by this Act in relation to the Appointment of officers may be exercised by the senior Lord Commissioner for the time being.

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 M1Debtors 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, [F5to 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 [F8any 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 [F9rules 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

148 Amendments of other Acts, transitory provisions, transitional provisions savings and repeals.U.K.

(1)The enactments specified in Schedule 2 shall have effect subject to the amendments there specified.

(2)This Act shall have effect subject to the transitory provisions and transitional provisions and savings contained in Schedule 3.

(3)The enactments specified in Schedule 4 are hereby repealed to the extent specified in the third column of that Schedule.

149 Extent.E+W

(1)Section 148(1) and Schedule 2 extend to Scotland so far as they amend enactments extending to Scotland.

(2)Section 148(1) and Schedule 2 extend to Northern Ireland so far as they amend enactments extending to Northern Ireland.

(3)Subject to subsections (1) and (2), this Act extends to England and Wales only.

150 Commencement.E+W

This Act shall come into force on 1st August 1984.

151 Short title.E+W

This Act may be cited as the County Courts Act 1984.