Office of Public Sector Information
SCHEDULE 2 continued PART V continued
40In section 4 of the Attachment of Earnings Act 1971 (extension of power to make administration order)—
(a)in subsection (2), for the words “for the time being specified in section 148(1)(b) of the County Courts Act 1959” there shall be substituted the words “which for the time being is the county court limit for the purposes of section 112 of the County Courts Act 1984”;
(b)the following subsection shall be substituted for the second paragraph of that subsection—
“(2A)Subsection (2) above is subject to section 112(3) and (4) of the County Courts Act 1984 (which require that, before an administration order is made, notice is to be given to all the creditors and therafter restricts the right of any creditor to institute bankruptcy proceedings).”.; and
(c)in subsection (4) for the words “section 148 of the County Courts Act 1959” there shall be substituted the words “section 112 of the County Courts Act 1984”.
41In subsection (8) of section 23 of that Act (enforcement provisions) for the words “section 179 of the M1County Courts Act 1959” there shall be substituted the words “section 129 of the County Courts Act 1984”.
42In section 25 of that Act (general interpretation), in the definition of “administration order” in subsection (1), for the words “Part VII of the County Courts Act 1959” there shall be substituted the words “Part VI of the County Courts Act 1984”.
43In subsection (8) of section 2 of the Civil Evidence Act 1972 (rules of court with respect to expert reports and oral expert evidence)—
(a)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”;
(b)for the words “section 102(2) of the County Courts Act 1959” there shall be substituted the words “section 75(2) of the County Courts Act 1984”.
44In section 50 of the Matrimonial Causes Act 1973 (matrimonial causes rules)—
(a)in subsection (1) for “1959” there shall be substituted “1984”;
(b)in subsection (3) for “1959” in both places where it occurs there shall be substituted “1984”.
45In subsection (3) of section 23 of the Legal Aid Act 1974 (proceedings for misrepresentation etc.) for the words “allowed under section 39 of the County Courts Act 1959” there shall be substituted the words “which for the time being is the county court limit for the purposes of section 15 of the County Courts Act 1984”.
46In subsection (3) of section 35 of that Act (enforcement provisions) for the words from “the limit” to the end there shall be substituted the words “the amount which for the time being is the county court limit for the purposes of section 16 of the County Courts Act 1984”.
47In subsection (5A) of section 139 of the Consumer Credit Act 1974 (re-opening of extortionate agreements) for the words “section 192 of the County Courts Act 1959” there shall be substituted the words “section 145 of the County Courts Act 1984”.
48In subsection (2)(b) of section 28 of the Friendly Societies Act 1974 (duty of officers of registered societies and branches to account) for the words “section 108 of the County Courts Act 1959 (appeals on question of law, etc.)” there shall be substituted the words “section 77 of the County Courts Act 1984 (appeals: general provisions)”.
49In subsection (2) of section 19 of the Solicitors Act 1974 (rights of practising and rights of audience) for the words “section 29 or 89 of the M1County Courts Act 1959” there shall be substituted the words “section 13 or 60 of the County Courts Act 1984”.
50In subsection (4) of section 69 of that Act (action to recover solictor’s costs) for the words “section 192 of the County Courts Act 1959” there shall be substituted the words “section 145 of the County Courts Act 1984”.
51In Part III of Schedule 1 of the House of Commons Disqualification Act 1975 (disqualifying offices) for the entry beginning “Registrar or Assistant Registrar appointed under section 18” there shall be substituted the following—
“Registrar or Assistant Registrar appointed under section 6 or section 7 of the County Courts Act 1984”
52In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act (disqualifying offices) for the entry beginning “Registrar or Assistant Registrar appointed under section 18” there shall be substituted the following—
“Registrar or Assistant Registrar appointed under section 6 or section 7 of the County Courts Act 1984”
53In subsection (2) of section 9 of the Evidence (Proceedings in other Jurisdictions) Act 1975 (interpretation) for the words “section 85 of the County Courts Act 1959” there shall be substituted the words “section 56 of the County Courts Act 1984”.
54In subsection (4) of section 59 of the Sex Discrimination Act 1975 (powers to obtain information) for the words “section 84 (penalty for neglecting witness summons) of the County Courts Act 1959” there shall be substituted the words “section 55 (penalty for neglecting or refusing to give evidence) of the County Courts Act 1984”.
55In subsection (6) of section 66 of that Act (claims under Part III)—
(a)in paragraph (a), for the words “section 91(1) (power of judge to appoint assessors) of the County Courts Act 1959” there shall be substituted the words “section 63(1) (assessors) of the County Courts Act 1984”; and
(b)in paragraph (b), for “91(1)” there shall be substituted “63(1)”.
[ F156In subsection (2)(c) of section 100 of the Children Act 1975 (courts) for the words “section 102 of the M1County Courts Act 1959” there shall be substituted the words “section 75 of the County Courts Act 1984”.]
F1Sch. 2 Pt. V para. 56 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
M11959 c. 22.
57In section 10 of the Local Land Charges Act 1975 (compensation for non-registration or defective official search certificate)—
(a)in subsection (8), for the words from “limit” to “statute)” there shall be substituted the words “county court limit”; and
(b)the following subsection shall be inserted after that subsection—
“(8A)In subsection (8) 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).”
58In subsection (2)(c) of section 62 of the Adoption Act 1976 (courts) 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”.
59In subsection (7) of section 11 of the Insolvency Act 1976 (power to replace administration order by receiving order) for the words “Part VII of the County Courts Act 1959” there shall be substituted the words “Part VI of the County Courts Act 1984”
60In subsection (1) of section 12 of that Act (administration order rules)—
(a)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”; and
(b)for the words “Part VII” there shall be substituted the words “Part VI”.
61In subsection (5) of section 50 of the Race Relations Act 1976 (power to obtain information)—
(a)for the words “Section 84 of the County Courts Act 1959” there shall be substituted the words “Section 55 of the County Courts Act 1984”.;
(b)for the words “said section 84” there shall be substituted the words “said section 55”.
62In subsection (2) of section 8 of the Rent (Agriculture, Act 1976 (restriction on levy of distress for rent) for the words “section 137 of the M1County Courts Act 1959” there shall be substituted the words “section 102 of the County Courts Act 1984”.
63In section 10 of the Rentcharges Act 1977 (provisions supplemental to section 9)—
(a)in subsection (4)(a), for the words from “amount” to “debts)” 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 15 of the County Courts Act 1984 (general jurisdiction in actions of contract and tort).”
64In subsection (5) of section 4 of the Torts (Interference with Goods) Act 1977 (interlocutory relief where goods are detained) 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”.
65In subsection (3) of section 9 of that Act (concurrent actions) for the words “the County Courts Act 1959” there shall be substituted the words “the County Courts Act 1984”.
66In subsection (1) of section 14 of that Act (interpretation), in the definition of “county court limit”, for the words “current limit on jurisdiction in section 39 of the County Courts Act 1959” there shall be substituted the words “amount which for the time being is the county court limit for the purposes of section 15 of the County Courts Act 1984.”.
67In subsection (2) of section 147 of the Rent Act 1977 (restriction on levy of distress for rent) for the words “section 137 of the County Courts Act 1959” there shall be substituted the words “section 102 of the County Courts Act 1984”.
68In Schedule 1 to the Interpretation Act 1978 (definitions) in paragraph (a) of the definition of “County court”, for the words “the County Courts Act 1959” there shall be substituted the words “the County Courts Act 1984”.
69In paragraph (b) of subsection (3) of section 22 of the Merchant Shipping Act 1979 (power to amend enactments passed before that Act) after the words “provisions” there shall be inserted the words “of the County Courts Act 1984 and”.
F170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Sch. 2 para. 7 repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch.4 (with s. 81(2)); S.I. 1996/3146, art.3
71In subsection (2) of section 1 of the Charging Orders Act 1979 (charging orders) for the words “section 192 of the County Courts Act 1959” there shall be substituted the words “section 145 of the County Courts Act 1984”.
72In subsection (3) of section 5 of that Act (stop orders and notices) 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”.
73In section 87 of the Magistrates’ Courts Act 1980 (enforcement of payment of fines)—
(a)in subsection (2), for the words from “limit” to the end of the subsection there shall be substituted the words “county court limit”; and
(b)the following subsection shall be inserted after that subsection—
“(2A)In subsection (2) 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).”
74At the end of Schedule 6A to that Act (fines that may be altered under section 143) there shall be added-
| “County Courts Act 1984 (c 28) Section 55(2) (penalty for neglecting or refusing to give evidence) | £400. |
| Section 118 (contempt in face of court) | £1,000.”. |
75In subsection (2) of section 34 of the Judical Pensions Act 1981 (county court registrars and assistant registrars) for the words “section 22 of the County Courts Act 1959” there shall be substituted the words “section 10 of the County Courts Act 1984”.
76In subsection (1)(b) of section 13 of the Contempt of Court Act 1981 (legal aid) for the words “section 30, 127 or 157 of the County Courts Act 1959” there shall be substituted the words “section 14, 92 or 118 of the County Courts Act 1984”.
77In subsection (5) of section 100 of the Supreme Court Act 1981 (district registrars) for the words “section 22 of the M1County Courts Act 1959” there shall be substituted the words “section 10 of the County Courts Act 1984”.
78In Part IV of Schedule 3 to the Administration of Justice Act 1982 in paragraph 8(1) (which makes provision as to sums recoverable under section 59 of the Highways Act 1980) for the words “section 40 of the County Courts Act 1959” there shall be substituted the words “section 16 of the County Courts Act 1984”.
County Courts Act 1984