Part IIE+W Jurisdiction and Transfer of Proceedings

Equity proceedingsE+W

24 Jurisdiction by agreement in certain equity proceedings.E+W

(1)If, as respects any proceedings to which this section applies, the parties agree, by a memorandum signed by them or by their respective [F1legal representatives] or agents, that [F2the county court] F3... shall have jurisdiction in the proceedings, that court shall, notwithstanding anything in any enactment, have jurisdiction to hear and determine the proceedings accordingly.

(2)Subject to subsection (3), this section applies to any proceedings in which [F2the county court] would have jurisdiction by virtue of—

(a)section 113(3) of the M1Settled Land Act 1925,

(b)section 63A of the M2Trustee Act 1925,

(c)sections 3(7), F4 . . .49(4), 66(4), 89(7), 90(3), 91(8), 92(2), 136(3), F4 . . .181(2), 188(2) of, and paragraph 3A of Part III and paragraph 1(3A) and (4A) of Part IV of Schedule 1 to, the M3Law of Property Act 1925,

(d)sections 17(2), 38(4), 41(1A), and 43(4) of the M4Administration of Estates Act 1925,

(e)section 6(1) of the M5Leasehold Property (Repairs) Act 1938,

(f)sections 1(6A) and 5(11) of the M6Land Charges Act 1972, and

(g)sections 23 F5. . . of this Act,

but for the limits of the jurisdiction of the court provided in those enactments.

(3)This section does not apply to proceedings under section 1 of the M7Variation of Trusts Act 1958.

Textual Amendments

F2Words in ss. 15-25 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)

F3Words in s. 24(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(2); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4Words in s. 24(2)(c) repealed by S.I. 1991/724, art. 2(8), Schedule PartI

F5Words in s. 24(2)(g) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

Marginal Citations