(1)Where the High Court is satisfied that any proceedings before it are required by any provision of a kind mentioned in subsection (8) to be in [F2the county court] it shall–
(a)order the transfer of the proceedings to [F2the county court] ; or
(b)if the court is satisfied that the person bringing the proceedings knew, or ought to have known, of that requirement, order that they be struck out.
(2)Subject to any such provision, the High Court may order the transfer of any proceedings before it to [F2the county court] .
(3)An order under this section may be made either on the motion of the High Court itself or on the application of any party to the proceedings.
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The transfer of any proceedings under this section shall not affect any right of appeal from the order directing the transfer.
(6)Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section–
(a)the judgment or order may be enforced as if it were a judgment or order of [F2the county court] ; and
(b)subject to subsection (7), it shall be treated as a judgment or order of that court for all purposes.
(7)Where proceedings for the enforcement of any judgment or order of the High Court are transferred under this section—
(a)the powers of any court to set aside, correct, vary or quash a judgment or order of the High Court, and the enactments relating to appeals from such a judgment or order, shall continue to apply; and
(b)the powers of any court to set aside, correct, vary or quash a judgment or order of [F2the county court] , and the enactments relating to appeals from such a judgment or order, shall not apply.
(8)The provisions referred to in subsection (1) are any made–
(a)under section 1 of the Courts and Legal Services Act 1990; or
(b)by or under any other enactment.
F4(9)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 40 substituted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 2(1); S.I. 1991/1364, art. 2,Sch.
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)
F3S. 40(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(10); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4S. 40(9) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 67; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Modifications etc. (not altering text)
C1S. 40(2) restricted by S.I. 1991/724, art. 7(5)