Statutory Instrument 1988 No. 2165

The Civil Courts (Amendment) Order 1988

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1988 No. 2165

SUPREME COURT OF ENGLAND AND WALES COUNTY COURTS
JURISDICTION

The Civil Courts (Amendment) Order 1988

The Lord Chancellor, in exercise of the powers conferred on him by section 99(1) of the Supreme Court Act 1981^[1] ; by section 29(1) of the Administration of Justice Act 1982^[2] ; by section 33(1) of the Matrimonial and Family Proceedings Act 1984^[3] ; by sections 2(1) and 26 of the County Courts Act 1984^[4] ; by sections 117(4) and 374 of the Insolvency Act 1986^[5] ; and by section 67(1) and (2) of the Race Relations Act 1976^[6] , hereby makes the following Order:—

    1.    This Order my be cited as the Civil Courts (Amendment) Order 1988 and shall come into force on the 9th January 1989.

District Registries of the High Court
    2.    The district of the district registry of the High Court established at Shrewsbury shall be defined by reference to the districts of the Market Drayton, Shrewsbury and Telford County Courts.

County Courts
    3.    The holding of the Wellington County Court shall be discontinued.

    4.—(1)  A county court shall be established at Telford and this court shall have jurisdiction in proceedings commenced in the Wellington County Court before this Order comes into force.

    (2)  No process shall be invalid only because the court is described therein by the name by which it was known before the coming into force of this Order.

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

    (4)  For the purposes of section 26 of the County Courts Act 1984 the district of the Telford County Court shall be assigned for admiralty purposes to the Birmingham County Court.

    (5)  For the purposes of sections 117(4) and 374 of the Insolvency Act 1986 the Telford County Court shall be excluded from having jurisdiction under those provisions and the district of the Telford County Court shall be attached for bankruptcy and winding-up of companies purposes to the Shrewsbury County Court.

    (6)  For the purposes of section 67(1) and (2) of the Race Relations Act 1976 the district of the Telford County Court shall be assigned for race relations purposes to the Birmingham County Court.

    5.    The amendments set out in the schedule to this Order shall be made to the Civil Courts Order 1983^[7] , being amendments that are consequential upon the foregoing provisions of this Order.

Mackay of Clashfern,
C.

Dated 9th December 1988

[1] 1981 c. 54. back

[2] 1982 c. 53. back

[3] 1984 c. 42. back

[4] 1984 c. 28. back

[5] 1986 c. 45. back

[6] 1976 c. 74. back

[7] S.I. 1983/713. There are no relevant amending instruments. back

Explanatory Note