County Courts Act 1984

Part I E+W Constitution and Administration

County courts and districtsE+W

1 County courts to be held for districts.E+W

(1)For the purposes of this Act, England and Wales shall be divided into districts, and a court shall be held under this Act for each district at one or more places in it; and [F1each court] shall have such jurisdiction and powers as are conferred by this Act and any other enactment for the time being in force.

(2)Every court so held shall be called a county court and shall be a court of record and shall have a seal.

(3)Nothing in this section affects the operation of section 42 of the M1Courts Act 1971 (City of London).

2 County court districts etc.E+W

(1)The Lord Chancellor may [F2, after consulting the Lord Chief Justice,] by order specify places at which county courts are to be held and the name by which the court held at any place so specified is to be known.

(2)Any order under this section shall be made by statutory instrument, which shall be laid before Parliament after being made.

(3)The districts for which county courts are to be held shall be determined in accordance with directions given [F3, after consulting the Lord Chief Justice,] by or on behalf of the Lord Chancellor.

(4)Subject to any alterations made by virtue of this section, county courts shall continue to be held for the districts and at the places and by the names appointed at the commencement of this Act.

[F4(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (3).]

Places and times of sittings of courtsE+W

3 Places and times of sittings.E+W

(1)In any district the places at which the court sits, and the days and times when the court sits at any place, shall be determined in accordance with directions given [F5, after consulting the Lord Chief Justice,] by or on behalf of the Lord Chancellor.

(2)A judge may from time to time adjourn any court held by him, and a registrar may from time to time adjourn—

(a)any court held by him, or

(b)in the absence of the judge, any court to be held by the judge.

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)References in this Act to sittings of the court shall include references to sittings by any registrar in pursuance of any provision contained in, or made under, this Act.

[F7(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).]

4 Use of public buildings for courts.E+W

(1)Where, in any place in which a county court is held, there is a building, being a town hall, court-house or other public building belonging to any local or other public authority, that building shall, with all necessary rooms, furniture and fittings in it, be used for the purpose of holding the court, without any charge for rent or other payment, except the reasonable and necessary charges for lighting, heating and cleaning the building when used for that purpose.

(2)Where any such building is used for the purpose of holding any court, the sittings of the court shall be so arranged as not to interfere with the business of the local or other public authority usually transacted in the building or with any purpose for which the building may be used by virtue of any local Act.

(3)This section shall not apply to any place in which a building was erected before 1st January 1889 for the purpose of holding and carrying on the business of a county court.

JudgesE+W

5 Judges of county courts.E+W

(1)Every Circuit judge shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales, and the [F8Lord Chief Justice shall, after consulting the Lord Chancellor,] assign one or more Circuit judges to each district and may from time to time vary the assignment of Circuit judges among the districts.

(2)Subject to any directions given by [F9the Lord Chief Justice after consulting the Lord Chancellor], in any case where more than one Circuit judge is assigned to a district under subsection (1), any function conferred by or under this Act on the judge for a district may be exercised by any of the Circuit judges for the time being assigned to that district.

(3)The following, that is—

• every judge of the Court of Appeal,

• every judge of the High Court,

• every Recorder,

shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales and, if he consents to do so, shall sit as such a judge at such times and on such occasions as the [F10Lord Chief Justice considers desirable after consulting the Lord Chancellor].

(4)Notwithstanding that he is not for the time being assigned to a particular district, a Circuit judge—

(a)shall sit as a judge of that district at such times and on such occasions as the [F11Lord Chief Justice may, after consulting the Lord Chancellor, direct]; and

(b)may sit as a judge of that district in any case where it appears to him that the judge of that district is not, or none of the judges of that district is, available to deal with the case.

[F12(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

[F13District judges] , [F13assistant district judges] and [F13deputy district judges]E+W

[F146 District judges.E+W

(1)Her Majesty may, on the recommendation of the Lord Chancellor, appoint district judges.

(2)The Lord Chief Justice, after consulting the Lord Chancellor—

(a)must assign each district judge to one or more districts;

(b)may change an assignment so as to assign the district judge to a different district or districts.

(3)A reference in any enactment or other instrument to the district judge for a district or of a county court is a reference to any district judge assigned to the district concerned.

(4)Every district judge is, by virtue of his office, capable of acting in any district whether or not assigned to it, but may do so only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

(5)A district judge is to be paid such salary as may be determined by the Lord Chancellor with the concurrence of the Treasury.

(6)A salary payable under this section may be increased but not reduced by a determination or further determination under this section.

[F15(7)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).]]

F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

8[F17Deputy district judges]. E+W

[F18(1)If it appears to the [F19Lord Chief Justice] that it is expedient to do so in order to facilitate the disposal of business in the county courts, he may appoint a person to be a deputy district judge.

(1ZA)A person is qualified for appointment under subsection (1) only if the person—

(a)is qualified for appointment as a district judge, or

(b)holds, or has held, the office of district judge.

(1ZB)The [F20Lord Chief Justice may not appoint a person under subsection (1) without the concurrence of the Lord Chancellor] if the person—

(a)holds the office of district judge, or

(b)ceased to hold the office of district judge within two years ending with the date when the appointment takes effect.

(1ZC)Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1ZB) applies.]

[F21(1A)Any appointment of a person as a deputy district judge—

(a)[F22if subsection (1ZB) applies to the appointment,] shall not be such as to[F23, or be extended under subsection (3B) so as to,] extend beyond the day on which he attains the age of 75 years; and

(b)in any other case, shall not be such as to[F23, or be extended under subsection (3B) so as to,] extend beyond the day on which he attains the age of 70 years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).]

[F24(1B)The Lord Chief Justice, after consulting the Lord Chancellor—

(a)may assign a deputy district judge appointed under this section to one or more districts;

(b)may change an assignment so as to assign the deputy district judge to a different district or districts (or to no district).

(1C)A deputy district judge appointed under this section and assigned to a district has, while acting under his assignment, the same powers as if he were a district judge assigned to the district.

(1D)Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district to which he is not assigned, but may act in a district to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice.]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Lord Chancellor may pay to any person appointed under this section as [deputy district judge]such remuneration and allowances as he may, with the approval of the Treasury, determine.

[F25(3A)A person appointed under this section may be removed from office as a deputy district judge—

(a)only by the Lord Chancellor with the agreement of the Lord Chief Justice, and

(b)only on—

(i)the ground of inability or misbehaviour, or

(ii)a ground specified in the person's terms of appointment.

(3B)Subject to subsections (1A) and (3C), the term of a person's appointment under this section (including a term already extended under this subsection) must be extended by the Lord Chancellor before its expiry.

(3C)Extension under subsection (3B)—

(a)requires the person's agreement,

(b)is to be for such term as the Lord Chancellor thinks fit, and

(c)may be refused on—

(i)the ground of inability or misbehaviour, or

(ii)a ground specified in the person's terms of appointment,

but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.

(3D)Subject to the preceding provisions of this section, a person appointed under this section is to hold and vacate office as a deputy district judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

(3E)The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (3A)(a).]

[F26(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection F27... (1B).]

9 Qualifications [F28for appointment as district judge]. E+W

No person shall be appointed a [F29district judge], F30. . . F31. . . unless [F32he satisfies the judicial-appointment eligibility condition on a 5-year basis.]

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33E+W

11 Tenure of office. E+W

[F34(1)This subsection applies to the office of district judge.

(2)Subject to the following provisions of this section and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75), a person who holds an office to which subsection (1) applies shall vacate his office on the day on which he attains the age of 70 years.]

F35(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A person appointed to an office to which subsection (1) applies shall hold that office during good behaviour.

(5)The power to remove such a person from his office on account of misbehaviour shall be exercisable by the Lord Chancellor [F36, but only with the concurrence of the Lord Chief Justice].

(6)The Lord Chancellor may [F37, with the concurrence of the Lord Chief Justice,] also remove such a person from his office on account of inability to perform the duties of his office.

12 Records of proceedings to be kept by [F38district judges]. E+W

(1)The [F38district judge]for every district shall keep or cause to be kept such records of and in relation to proceedings in the court for that district as the Lord Chancellor may by regulations made by statutory instrument prescribe.

(2)Any entry in a book or other document required by the said regulations to be kept for the purposes of this section, or a copy of any such entry or document purporting to be signed and certified as a true copy by the [F38district judge], shall at all times without further proof be admitted in any court or place whatsoever as evidence of the entry and of the proceeding referred to by it and of the regularity of that proceeding.

[F39(3)The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.

(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Miscellaneous provisions as to officersE+W

13 Officers of court not to act as [F40legal representatives]in that court.E+W

(1)Subject to the provisions of this section, no officer of a court shall, either by himself or his partner, be directly or indirectly engaged as [F40legal representative]or agent for any party in any proceedings in that court.

(2)Every person who contravenes this section shall for each offence be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.

(3)Subsection (1) does not apply to a person acting as registrar by virtue of section 6(5).

(4)Subsection (1) does not apply to a deputy registrar; but a deputy registrar shall not act as such in relation to any proceedings in which he is, either by himself or his partner, directly or indirectly engaged as [F40legal representative]or agent for any party.

14 Penalty for assaulting officers.E+W

(1)If any person assaults an officer of a court while in the execution of his duty, he shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine of an amount not exceeding level 5 on the standard scale, or both; or

(b)on an order made by the judge in that behalf, to be committed for a specified period not exceeding 3 months to . . . F41prison . . . F41or to such a fine as aforesaid, or to be so committed and to such a fine,

and a bailiff of the court may take the offender into custody, with or without warrant, and bring him before the judge.

(2)The judge may at any time revoke an order committing a person to prison under this section and, if he is already in custody, order his discharge.

[F42(3)A district judge, assistant district judge or deputy district judge shall have the same powers under this section as a judge.]