2011 No. 1465

Senior Courts Of England And Wales
County Courts, England And Wales

The Civil Courts (Amendment) Order 2011

Made

Laid before Parliament

Coming into force in accordance with article 1

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 2(1) of the County Courts Act 19841, section 33(1) of the Matrimonial and Family Proceedings Act 19842 and sections 117(4) and 374 of the Insolvency Act 19863.

In accordance with section 2(1) of the County Courts Act 1984 the Lord Chancellor has consulted the Lord Chief Justice before making the Order.

In accordance with section 33(1) of the Matrimonial and Family Proceedings Act 1984 and sections 117(4) and 374 of the Insolvency Act 1986 the Lord Chief Justice concurs in the making of articles 4 and 5 of this Order.

Citation and commencement1

This Order may be cited as the Civil Courts (Amendment) Order 2011 and shall come into force—

a

in respect of Cheltenham County Court, Goole County Court, Harlow County Court, Hitchin County Court, Huntingdon County Court, Leigh County Court, Lowestoft County Court, Newbury County Court, Penzance County Court, Poole County Court and Whitehaven County Court, on 4th July 2011;

b

in respect of Ashford County Court, Bishop Auckland County Court, Consett County Court, Epsom County Court and Haywards Heath County Court, on 18th July 2011;

c

in respect of Aberdare County Court, Northwich County Court, Penrith County Court, Pontypool County Court, Runcorn County Court and Southport County Court, on 1st August 2011;

d

in respect of Salford County Court, on 8th August 2011.

Closure of county courts2

The county courts listed in the Schedule to this Order are discontinued.

Establishment of Workington County Court3

A county court shall be held at Workington and named West Cumbria County Court.

Jurisdiction under the Insolvency Act 19864

Jurisdiction is conferred on the West Cumbria County Court for the purposes of Parts VIII to XI of the Insolvency Act 1986.

Divorce Jurisdiction5

For the purposes of section 33(1) of the Matrimonial and Family Proceedings Act 1984 the West Cumbria County Court shall be a divorce county court and a court of trial.

Transitional Provisions

6

1

The county courts listed in Table 1 in the column headed ‘receiving court’ shall have jurisdiction in proceedings begun at the county court in the column headed ‘closing court’ before this Order comes into force in accordance with directions made under section 2 of the County Courts Act 1984.

Table 1

Closing Court

Receiving Court

Aberdare County Court

Merthyr Tydfil County Court

Ashford County Court

Canterbury County Court, Maidstone County Court

Bishop Auckland County Court

Darlington County Court, Durham County Court

Cheltenham County Court

Gloucester and Cheltenham County Court

Consett County Court

Durham County Court, Gateshead County Court

Epsom County Court

Croydon County Court, Guildford County Court, Kingston County Court, Reigate County Court

Goole County Court

Doncaster County Court

Harlow County Court

Chelmsford County Court

Haywards Heath County Court

Brighton County Court, Horsham County Court, Reigate County Court, Tunbridge Wells County Court

Hitchin County Court

Bedford County Court, Cambridge County Court and Luton County Court,

Huntingdon County Court

Peterborough County Court

Leigh County Court

Warrington County Court, Wigan County Court.

Lowestoft County Court

Norwich County Court

Newbury County Court

Reading County Court

Northwich County Court

Chester County Court, Crewe County Court

Penrith County Court

Carlisle County Court, Kendal County Court

Penzance County Court

Truro County Court

Pontypool County Court

Blackwood County Court

Poole County Court

Bournemouth and Poole County Court

Runcorn County Court

Warrington County Court

Salford County Court

Bury County Court, Manchester County Court

Southport County Court

Liverpool County Court

Whitehaven County Court

West Cumbria County Court

7

No process shall be invalid only because the holding of any court named in the process has been discontinued by this Order.

Amendments to the Civil Courts Order 19838

1

The Civil Courts Order 19834 is amended as follows.

2

In Schedule 1, omit —

a

“Aberdare” from its position in the second column opposite the entry for “Pontypridd” in the first column;

b

“Ashford” from its position in the second column opposite the entry for “Canterbury” in the first column;

c

“Bishop Auckland” from its position in the second column opposite the entry for “Durham” in the first column;

d

“Cheltenham” from its position in the first column and the corresponding entry for “Cheltenham” in the second column;

e

“Consett” from its position in the second column opposite the entry for “Sunderland” in the first column;

f

“Epsom” from its position in the second column opposite the entry for “Guildford” in the first column;

g

“Goole” from its position in the second column opposite the entry for “Doncaster” in the first column;

h

“Gravesend” from its position in the second column opposite the entry for “Chatham” in the first column.

i

“Harlow” from its position in the first column and the corresponding entries for “Harlow” and “Hertford” in the second column;

j

“Haywards Heath” from its position in the second column opposite the entry for “Brighton” in the first column;

k

“Hitchin” from its position in the second column opposite the entry for “Luton” in the first column;

l

“Huntingdon” from its position in the second column opposite the entry for “Peterborough” in the first column;

m

“Leigh” from its position in the second column opposite the entry for “Wigan” in the first column;

n

“Lowestoft” from its position in the first column and the corresponding entry for “Lowestoft” in the second column;

o

“Nelson from its from its position in the second column opposite the entry for “Burnley” in the first column;

p

“Newbury” from its position in the second column opposite the entry for “Reading” in the first column;

q

“Northwich” from its position in the second column opposite the entry for “Crewe” in the first column;

r

“Penrith” from its position in the second column opposite the entry for “Carlisle” in the first column;

s

“Penzance” from its position in the second column opposite the entry for “Truro” in the first column;

t

“Pontypool” from its position in the second column opposite the entry for “Newport (Gwent)” in the first column;

u

“Poole” from its position in the second column opposite the entry for “Bournemouth” in the first column;

v

“Runcorn” from its position in the second column opposite the entry for “Chester” in the first column;

w

“Salford” from its position in the first column and the corresponding entry for “Salford” in the second column;

x

“Southport” from its position in the first column and the corresponding entry for “Southport” in the second column;

y

“Whitehaven” from its position in the first column and the corresponding entry for “Whitehaven” in the second column.

3

In Schedule 1, insert—

a

“Hertford” in the second column opposite the entry for “Chelmsford” in the first column;

b

“Workington” in the appropriate alphabetical position in the first column and insert “Workington” in the corresponding entry in the second column.

4

In Schedule 3, omit the entry relating to—

a

Aberdare County Court;

b

Ashford County Court;

c

Bishop Auckland County Court;

d

Cheltenham County Court;

e

Consett County Court;

f

Epsom County Court;

g

Goole County Court;

h

Leigh County Court;

i

Harlow County Court;

j

Haywards Heath County Court;

k

Hitchin County Court;

l

Huntingdon County Court;

m

Lowestoft County Court;

n

Newbury County Court

o

Northwich County Court;

p

Penrith County Court;

q

Penzance County Court;

r

Pontypool County Court;

s

Poole County Court;

t

Runcorn County Court;

u

Salford County Court;

v

Southport County Court;

w

Whitehaven County Court.

5

In Schedule 3, after the entry for “Welshpool” insert—

a

in the first column “Workington”;

b

in the second column “Bankruptcy”, “Company or LLP” and “Divorce”.

6

In Schedule 4 insert at the end—

15

The name of the county court at Bournemouth shall be the Bournemouth and Poole County Court.

16

The name of the county court at Gloucester shall be the Gloucester and Cheltenham County Court.

17

The name of the county court at Workington shall be the West Cumbria County Court.

Signed by authority of the Lord Chancellor

J DjanoglyParliamentary Under Secretary of StateMinistry of Justice

I concur

Judge, C.J.Lord Chief Justice

SCHEDULECounty Courts to be discontinued

Article 2

  • Aberdare County Court

  • Ashford County Court

  • Bishop Auckland County Court

  • Cheltenham County Court

  • Consett County Court

  • Epsom County Court

  • Goole County Court

  • Leigh County Court

  • Harlow County Court

  • Haywards Heath County Court

  • Hitchin County Court

  • Huntingdon County Court

  • Lowestoft County Court

  • Newbury County Court

  • Northwich County Court

  • Penrith County Court

  • Penzance County Court

  • Pontypool County Court

  • Poole County Court

  • Runcorn County Court

  • Salford County Court

  • Southport County Court

  • Whitehaven County Court

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Civil Courts Order 1983. The county courts listed in the Schedule to this Order are discontinued.

A new county court is to be held at Workington, named West Cumbria County Court.

Jurisdiction in respect of existing cases in closing courts is transferred to named courts. Where the district of a closing court is redistributed to more than one court, directions made by the Lord Chancellor, which will be available at http://www.justice.gov.uk/publications/bills-and-acts/index.htm, indicate the new districts.

This Order corrects references to closed courts that should have been removed previously.