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County Courts Act 1984

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County Courts Act 1984, Cross Heading: Right of audience is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Right of audienceE+W

60 Right of audience. E+W

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where an action is brought in [F2the county court] by a local authority for either or both of the following—

(a)the recovery of possession of a house belonging to the authority;

(b)the recovery of any rent, mesne profits, damages or other sum claimed by the authority in respect of the occupation by any person of such a house,

[F3then, except where rules of court provide otherwise, any officer of the authority authorised by the authority for the purpose may address the court.]

(3)In this section—

  • local authority” means a county council, F4... a district council [F5the Broads Authority], [F6any National Park authority,] a London borough council [F7, [F8a police and crime commissioner, the Mayor's Office for Policing and Crime]] F9... [F10[F11the Inner London Education Authority], a joint authority established by Part IV of the Local Government Act 1985,] [F12an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act,] [F13a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,] [F14a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,] F15... [F16the London Fire Commissioner], or the Common Council of the City of London; and

  • house” includes a part of a house, a flat or any other dwelling and also includes any yard, garden, outhouse or appurtenance occupied with a house or part of a house or with a flat or other dwelling,

and any reference to the occupation of a house by a person includes a reference to anything done by that person, or caused or permitted by him to be done, in relation to the house as occupier of the house, whether under a tenancy or licence or otherwise.

Textual Amendments

F2Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3Words in s. 60(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(16); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6Words in s. 60(3) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 23 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1).

F7Words in s. 60(3) inserted (1.10.1994 for certain purposes, 1.4.1995 for remaining purposes) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 57; S.I. 1994/2025, art. 6(1); S.I. 1994/3262, art. 4, Sch.

F11Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1),ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F14Words in s. 60(3) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 48; S.I. 2017/399, Sch. para. 38

F15Words in s. 60(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(18); S.I. 2015/994, art. 6(g)

F16Words in s. 60(3) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 69; S.I. 2018/227, reg. 4(c)

Modifications etc. (not altering text)

C2S. 60 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 20(k) (with s. 54, Sch. 17 paras. 22(1), 23(2)).

C4S. 60(3) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(w)

61 Right of audience by direction of Lord Chancellor.E+W

(1)The Lord Chancellor may [F17, with the concurrence of the Lord Chief Justice,] at any time direct that such categories of persons in relevant legal employment as may be specified in the direction may address the court in any proceedings in [F2the county court] , or in proceedings in [F2the county court] of such description as may be so specified.

(2)In subsection (1), “relevant legal employment” means employment which consists of or includes giving assistance in the conduct of litigation to a [F18legal representative]whether in private practice or not.

(3)A direction under this section may be given subject to such conditions and restrictions as appear to the Lord Chancellor to be necessary or expedient, and may be expressed to have effect as respects [F19 every place where the county court sits or] as respects one or more specified places where [F2the county court] sits.

[F20(3A)Subsections (1) to (3) apply in relation to the family court as they apply in relation to the county court.]

(4)The power to give directions conferred by this section includes a power to vary or rescind any direction given under this section.

[F21(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.]

Textual Amendments

F2Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F19Words in s. 61(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(18); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F20S. 61(3A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 69; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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