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County Courts Act 1984

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County Courts Act 1984, Cross Heading: General is up to date with all changes known to be in force on or before 18 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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GeneralE+W

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 [F1the county court] which may be commenced as prescribed by plaint;

  • F2...

  • [F3“Admiralty proceedings” means proceedings which, if commenced in the High Court, would involve the exercise of the High Court's Admiralty jurisdiction;]

  • F4...

  • “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)

    F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (c)

    in relation to any enactment contained in this Act and not within paragraph (a) F5 . . ., 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;

  • F6. . .

  • [F7“court” means the county court;]

  • [F8 “ deposit-taking institution ” means a person who may, in the course of his business, lawfully accept deposits in the United Kingdom; ]

  • F9...

  • F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “hearing” includes trial, and “Hear” and “Heard” shall be construed accordingly;

  • “hereditament” includes both a corporeal and an incorporeal hereditament;

  • F11...

  • “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, [F12to 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;

  • [F13 “ legal representative ”means [F14 a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act); ]]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

  • “matter” means every proceeding in [F1the county court] which may be commenced as prescribed otherwise than by plaint;

  • “officer”, [F16in relation to the county court, means any clerk,] bailiff, usher or messenger in the service of that court;

  • F17...

  • “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 [F18rules of court];

  • F19...

  • F20...

    “proceedings” includes both actions and matters;

  • F19...

  • “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;

  • F6. . .

  • “ship” includes any description of vessel used in navigation;

  • “solicitor” means solicitor of the [F21Senior Courts];

  • F22 . . .

  • F22 . . .

[F23(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

F1Words 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)

F2Words in s. 147(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(68)(a); 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. 147(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(68)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5Words in s. 147(1) repealed by S.I. 1991/724, art. 2(8), Schedule Part I

F6Definitions in s. 147(1) omitted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 2(9); S.I. 1999/1009, art. 3(j)

F7Words in s. 147(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(68)(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F8Definition of "deposit-taking institution" in s. 147(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 296(2)

F9Words in s. 147(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(68)(d); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F11Words in s. 147(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(68)(e); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F13Definition in s. 147(1) added (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37,) s. 125(3), Sch. 18 para. 49(1); S.I. 1991/608, art. 2, Sch.

F14Words in s. 147(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208(1), 211(2), Sch. 21 para. 61 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F16Words in s. 147(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(68)(f); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F17Words in s. 147(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(68)(g); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F18Words in s. 147 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, arts. 3(b), 4(c)

F19Words in s. 147(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(68)(h); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F20Words in s. 147(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(68)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F22Definitions in s. 147(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 2.

F23S. 147(1A) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 296(3)

F24S. 147(2)(3) repealed by S.I. 1990/776, art. 3, Sch. 1

Marginal Citations

148 Amendments of other Acts, transitory provisions, transitional provisions savings and repeals.E+W

(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.

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