SCHEDULES

Section 144.

SCHEDULE 1 Replevin

1(1)The sheriff shall have no power or responsibility with respect to replevin bonds or replevins.

(2)The registrar for the district in which any goods subject to replevin are taken shall have power, subject to the provisions of this Schedule, to approve of replevin bonds and to grant replevins and to issue all necessary process in relation to them, and any such process shall be executed by a bailiff of the court.

(3)The registrar shall, at the instance of the party whose goods have been seized, cause the goods to be replevied to that party on his giving such security as is provided in this Schedule.

2(1)It shall be a condition of any security given under paragraph 1 that the replevisor will—

(a)commence an action of replevin against the seizor in the High Court within one week from the date when the security is given; or

(b)commence such an action in a county court within one month from that date.

(2)In either case—

(a)the replevisor shall give security, to be approved by the registrar having power in the matter, for such an amount as the registrar thinks sufficient to cover both the probable costs of the action and either—

(i)the alleged rent or damage in respect of which the distress has been made; or

(ii)in a case where the goods replevied have been seized otherwise than under colour of distress, the value of the goods; and

(b)it shall be a further condition of the security that the replevisor will—

(i)prosecute the action with effect and without delay; and

(ii)make a return of the goods, if a return of them is ordered in the action.

F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 Amendments of Other Enactments

Part I

Trustee Act 1925 (c. 19)

1The following section shall be inserted after section 63 of the Trustee Act 1925—

“63A Jurisdiction of County Court

(1)The county court has jurisdiction under the following provisions where the amount or value of the trust estate or fund to be dealt with in the court does not exceed the county court limit—

• section 41;

• section 42;

• section 51;

• section 57;

• section 60;

• section 61;

• section 62.

(2)The county court has jurisdiction under the following provisions where the land or the interest or contingent right in land which is to be dealt with in the court forms part of a trust estate which does not exceed in amount or value the county court limit—

• section 44;

• section 45;

• section 46.

(3)The county court has jurisdiction—

(a)under sections 47 and 48 of this Act, where the judgment is given or order is made by the court;

(b)under sections 50 and 56, where a vesting order can be made by the court;

(c)under section 53, where the amount or value of the property to be dealt with in the court does not exceed the county court limit; and

(d)under section 63 (including power to receive payment of money or securities into court) where the money or securities to be paid into court do not exceed in amount or value the county court limit.

(4)Any reference to the court in section 59 of this Act includes a reference to the county court.

(5)In this section, in its application to any enactment, ”the county court limit’ means the amount for the time being specified by an Order in Council under section 145 of the County Courts Act 1984 as the county court limit for the purposes of that enactment (or, where no such Order in Council has been made, the corresponding limit specified by Order in Council under section 192 of the County Courts Act 1959).”

Part II

Law of Property Act 1925 (c. 20)

2(1)At the end of the following sections of the Law of Property Act 1925—

• section 3 (creation and transfer of legal estates in land);

• F1. . .

• section 49 (application to the court by vendor and purchaser);

• section 66 (confirmation of past transactions),

there shall be added the following subsection—

The county court has jurisdiction under this section where the land which is to be dealt with in the court does not exceed the county court limit in capital value or net annual value for rating.”.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The subsection inserted by sub-paragraph (1)

shall be section 3(7), F3. . . 49(4) and 66(4).

3(1)At the end of the following sections of that Act—

• section 89 (realisation of leasehold mortgages)

• section 90 (realisation of equitable charges by the court)

• section 91 (sale of mortgaged property in action for redemption or foreclosure)

• section 92 (power to authorise land and minerals to be dealt with separately)

there shall be added the following subsection—

The county court has jurisdiction under this section where the amount owing in respect of the mortgage or charge at the commencement of the proceedings does not exceed the county court limit.”

(2)Section 92 of that Act shall be renumbered so as to become subsection (1) of that section.

(3)The subsection inserted by sub-paragraph (1) shall be section 89(7), 90(3), 91(8) and 92(2).

4The following subsection shall be added at the end of section 136 of that Act (legal assignments of things in action)—

“(3)The county court has jurisdiction (including power to receive payment of money or securities into court) under the proviso to subsection (1) of this section where the amount or value of the debt or thing in action does not exceed the county court limit.”.

5The following subsection shall be added at the end of section 146 of that Act (restriction on and relief against forfeiture of leases and underleases)—

“(13)The county court has jurisdiction under this section—

(a)in any case where the lessor is proceeding by action in court to enforce the right of entry or forfeiture; and

(b)where the lessor is proceeding to enforce the said right otherwise than by action, in a case where the net annual value for rating of the property comprised in the lease does not exceed the county court limit.”.

6The following subsection shall be added at the end of section 147 of that Act (relief against notice to effect decorative repairs)—

“(5)The county court has jurisdiction under this section where the net annual value for rating of the house or other building does not exceed the county court limit.”.

7(1)Section 181 of that Act (dissolution of a corporation) shall be renumbered so as to become subsection (1) of that section.

(2)The following subsection shall be added after the resulting subsection (1)—

“(2)The county court has jurisdiction under this section where the amount or value of the property or of the interest in the property which is to be dealt with in the court does not exceed the county court limit.”.

8(1)Section 188 of that Act (power to direct division of chattels) shall be renumbered so as to become subsection (1) of that section.

(2)The following subsection shall be added after the resulting subsection (1)—

“(2)The county court has jurisdiction under this section where the amount or value of the property or of the interest in the property which is to be dealt with in the court does not exceed the county court limit.”

9The following paragraph shall be inserted after section 205(1)(iii) of that Act (definitions)—

“(iiiA)“the county court limit”, in relation to any enactment contained in this Act, means the amount for the time being specified by an Order in Council under section 145 of the County Courts Act 1984 as the county court limit for the purposes of that enactment (or, where no such Order in Council has been made, the corresponding limit specified by Order in Council under section 192 of the County Courts Act 1959);”

10In Schedule 1 to that Act (transitional provisions)—

(a)in Part III, the following paragraph shall be inserted after paragraph 3—

“3AThe county court has jurisdiction under proviso (iii) to paragraph 3 of this Part where the land which is to be dealt with in the court does not exceed the county court limit in capital value or in net annual value for rating.”; and

(b)in Part IV—

(i)after paragraph 1(3) the following sub-paragraph shall be inserted—

“(3A)The county court has jurisdiction under proviso (v) to sub-paragraph (3) of this paragraph where the land to be dealt with in the court does not exceed the county court limit in capital value or in net annual value for rating.”

(ii)after paragraph 1(4) the following paragraph shall be inserted—

“(4A)The county court court has jurisdiction under provisos (iii) and (iv) to sub-paragraph (4) of this paragraph where the land which is to be dealt with in the court does not exceed the county court limit in capital value or in net annual value for rating.”

Part III

Administration of Estates Act 1925 (c. 23)

11(1)Section 17 of the Administration of Estates Act 1925 (continuance of legal proceedings after revocation of temporary administration) shall be re-numbered so as to become subsection (1) of that section.

(2)The following subsection shall be added after the resulting subsection (1)—

“(2)The county court has jurisdiction under this section where the proceedings are pending in that court.”

12The following subsection shall be added at the end of section 38 of that Act (right to follow property and powers of the court in relation thereto)—

“(4)The county court has jurisdiction under this section where the estate in respect of which the application is made does not exceed in amount or value the county court limit.”

13The following subsection shall be inserted after subsection (1) of section 41 of that Act (appropriation)—

“(1A)The county court has jurisdiction under proviso (ii) to subsection (1) of this section where the estate in respect of which the application is made does not exceed in amount or value the county court limit.”

14The following subsection shall be added at the end of section 43 of that Act (claims against personal representatives)—

“(4)The county court has jurisdiction under this section where the estate in respect of which the application is made does not exceed in amount or value the county court limit.”

15The following paragraph shall be inserted after paragraph 1(iii) of section 55 of that Act (definitions)—

“(iiiA)“the County Court limit”, in relation to any enactment contained in this Act, means the amount for the time being specified by an Order in Council under section 145 of the County Courts Act 1984 as the county court limit for the purposes of that enactment (or, where no such Order in Council has been made, the corresponding limit specified by Order in Council under section 192 of the County Courts Act 1959);”

Part IV

Land Charges Act 1972 (c. 61)

16The following subsections shall be inserted after section 1(6) of the Lands Charges Act 1972 (by virtue of which registration under that Act may be vacated pursuant to an order of the court)—

“(6A)The county court has jurisdiction under subsection (6) above—

(a)in the case of a land charge of Class C(i), C(ii) or D(i), if the amount does not exceed the county court limit;

(b)in the case of a land charge of Class C(iii), if it is for a specified capital sum of money not exceeding the county court limit or, where it is not for a specified capital sum, if the land affected does not exceed the county court limit in capital value or in net annual value for rating;

(c)in the case of a land charge of Class A, Class B, Class C(iv), Class D(ii), Class D(iii) or Class E, if the land affected does not exceed the county court limit in capital value or in net annual value for rating;

(d)in the case of a land charge of Class F, if the land affected by it is the subject of an order made by the court under section 1 of the Matrimonial Homes Act 1983 or an application for an order under that section relating to that land has been made to the court;

(e)in a case where an application under section 23 of the Deeds of Arrangement Act 1914 could be entertained by the court.

(6B)A reference to the county court limit in a paragraph of subsection (6A) above is a reference to the amount for the time being specified by an Order in Council under section 145 of the County Courts Act 1984 as the county court limit for the purpose of that paragraph (or, where no such Order in Council has been made, the corresponding limit specified by Order in Council under section 192 of the County courts Act 1959).”

17The following subsection shall be added at the end of section 5 of that Act (the register of pending actions)—

“(11)The county court has jurisdiction under subsection (10) of this section where the action was brought or the petition in bankruptcy was filed in that court.”

18In subsection (4) of section 6 of that Act (the register of writs and orders affecting land) for the words “section 142(3) of the County Courts Act 1959” there shall be substituted the words “section 107(3) of the County Courts Act 1984”.

Part V Miscellaneous Amendments

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Settled Land Act 1925 (c. 18)

20In section 113 of the Settled Land Act 1925 (jurisdiction and procedure)—

(a)for subsection (3) there shall be substituted the following—

“(3)The powers of the court may, as regards land not exceeding in capital value the county court limit, or in net annual value for rating the county court limit, and, as regards capital money arising under this Act, and securities in which the same is invested, not exceeding in amount or value the county court limit, and as regards personal chattels settled or to be settled, as in this Act mentioned, not exceeding the county court limit, be exercised by any county court. Section 147(2) and (3) of the County Courts Act 1984 (construction of references to net annual value for rating) shall apply for the purposes of this subsection as it applies for the purposes of that Act.”

(b)in subsection (3A) for the words “section 192 of the M1County Courts Act 1959” there shall be substituted the words “section 145 of the County Courts Act 1984”.

Crown Proceedings Act 1947 (c. 44)

21In subsection (3) of section 24 of the Crown Proceedings Act 1947 (interest on debts, damages and costs) for the words “section 97A of the County Courts Act 1959” there shall be substituted the words “section 69 of the County Courts Act 1984”.

Arbitration Act 1950 (c. 27)

22In section 26 of the Arbitration Act 1950 (enforcement of award)—

(a)in subsection (2)(a), for the words from “current” to “1959” there shall be substituted the words “county court limit”; and

(b)the following subsection shall be added after subsection (3)—

“(4)In subsection (2)(a) above ”the county court limit’ means the amount which for the time being is the county court limit for the purposes of section 16 of the County Courts Act 1984 (money recoverable by statute).”

Landlord and Tenant Act 1954 (c. 56)

23In section 53(1) of the Landlord and Tenant Act 1954 (jurisdiction of county court where lessor refuses licence or consent) for the words from “the like jurisdiction” to “1959” there shall be substituted the words “the like jurisdiction whatever the net annual value for rating of the demised property is to be taken to be for the purposes of the County Courts Act 1984”.

Mental Health (Scotland) Act 1960 (c. 61)

24In subsection (3) of section 76 of the Mental Health (Scotland) Act 1960 (position of nearest relative on removal to Scotland) for the words “section twenty-six of the County Courts Act 1959” there shall be substituted the words “section 12 of the County courts Act 1984”.

Administration of Justice Act 1960 (c. 65)

25In subsection (5) of section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court)—

(a)in paragraph (b) for the words from “section”, in the first place where it occurs, to “1959” there shall be substituted the words “section 14, 92 or 118 of the County Courts Act 1984”;

(b)for “1959” in the second place where it occurs, there shall be substituted “1984”;

(c)for the words “sections seventy-four and one hundred and ninety-five” there shall be substituted the words “sections 38 and 142”.

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

27, 28.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Industrial and Provident Societies Act 1965 (c. 12)

29In subsection (3)(b) of section 42 of the Industrial and Provident Societies Act 1965 (duty of officers of society to account) for the words “section 108 of the County Courts Act 1959” there shall be substituted the words “section 77 of the County Courts Act 1984”.

Hire-Purchase Act 1965 (c. 66)

30In subsection (3)(b) of section 42 of the Hire-Purchase Act 1965 (powers of court on non-compliance with order for specific delivery of goods) for the words “section 99 of the County Courts Act 1959” there shall be substituted the words “section 71 of the County Courts Act 1984”.

Leasehold Reform Act 1967 (c. 88)

31In subsection (4) of section 21 of the Leasehold Reform Act 1967 (jurisdiction of Land Tribunal) for the words “section 102 of the County Courts Act 1959” there shall be substituted the words “section 75 of the County Courts Act 1984”.

Hovercraft Act 1968 (c. 59)

32In subsection (1) of section 2 of the Hovercraft Act 1968 (Admiralty jurisdiction etc.) for the words “sections 56, 57, 60, 61 and 70(6) of the M1County Courts Act 1959” there shall be substituted the words “sections 27 to 29, 30(1) and 31 of the County Courts Act 1984”.

Civil Evidence Act 1968 (c. 64)

F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mines and Quarries (Tips) Act 1969 (c. 10)

35In section 28(3) of the Mines and Quarries (Tips) Act 1969 (meaning of “court” in England and Wales) for the words from “limit” to “1959” there shall be substituted the words “amount which for the time being is the county court limit for the purposes of section 16(b) of the County Courts Act 1984.”

Taxes Management Act 1970 (c. 9)

36In section 66 of the Taxes Management Act 1970 (county courts)—

(a)in subsection (1), for the words from “limit” to “force” there shall be substituted the words “county court limit”;

(b)the following subsection shall be inserted after subsection (2)—

“(2A)In subsection (1) of this section “the county court limit” means the amount which for the time being is the county court limit for the purposes of section 16 of the County Courts Act 1984; and

(c)in subsection (3), for the words form “section 40(1)(b)” to “a reference to” there shall be substituted the words “the county court limit there shall be substituted a reference to the limit specified in”

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Administration of Justice Act 1970 (c. 31)

38In section 41 of the Administration of Justice Act 1970 (recovery of costs and compensation)—

(a)in subsection (4), for the words from “limit” to “1959” there shall be substituted the words “county court limit”; and

(b)the following subsection shall be inserted after that subsection—

“(4A)In subsection (4) above “the county court limit” means the amount which for the time being is the county court limit for the purposes of section 16 of the County Courts Act 1984”

Courts Act 1971 (c. 23)

39In subsection (6) of section 45 of the Courts Act 1971 (matrimonial jurisdiction) for the words “section 76 of the M1County Courts Act 1959” there shall be substituted the words “section 45 of the County Courts Act 1984”.