County Courts Act 1984

75 County court rules. E+W

(1) The rule committee may make county court rules regulating the practice of the courts and forms of proceedings in them and prescribing scales of costs to be paid to counsel and solicitors.

(2) The power to make county court rules shall extend to all matters of procedure or practice, or matters relating to or concerning the effect or operation in law of any procedure or practice, in any case within the cognisance of county courts as to which rules of the Supreme Court have been or might lawfully be made for cases within the cognisance of the High Court.

(3) Without prejudice to the generality of subsections (1)

and (2), the power to make county court rules shall extend to—

(a) prescribing the court in which proceedings are to be commenced and the procedure to be adopted where proceedings are commenced in one court which should under the rules have been commenced in another court;

[F1 (b) prescribing the circumstances in which proceedings may be transferred by decision of any judge, district judge or officer of the court from one court to another and the procedure consequent on any such transfer.]

(c) prescribing the circumstances in which a warrant for the arrest and detention of any vessel, aircraft or property to which an action in rem relates may be transferred from one court to another and the procedure consequent on any such transfer;

[F2 (d) prescribing cases in which—

(i) any jurisdiction of a county court is to be exercised by a district judge of a county court or by some other officer of the court;

(ii) any functions of a judge of a county court are to be discharged by a district judge of a county court or some other officer of the court;

(iii) any functions of a district judge of a county court are to be discharged by some other officer of the court;

(iv) any such jurisdiction may be so exercised or any such functions may be so discharged; or]

(e) authorising directions to be given as follows, where the same judge is the judge for two or more districts, that is to say—

(i) authorising the judge to direct that the hearing in proceedings pending in the court for one of those districts, being proceedings which are to be heard and determined by the judge, shall take place in the court for another of those districts, or

(ii) authorising the registrar for one of those districts to direct that the hearing in proceedings pending in the court for the district for which he is the registrar, being proceedings which are to be heard and determined by the judge, shall take place in the court for another of those districts; and

(f) making, with respect to proceedings in county courts, any provision regarding [F3 legal representatives]which could be made by rules of court with respect to proceedings in the High Court.

(4) County court rules may regulate or provide for any matters which were regulated or provided for by county court rules which were made at any time before 1st January 1982.

(5) Rules made under subsection (3)(a) and (b) may make different provision as respects different kinds of proceedings and may make special provision as respects—

(a) proceedings in courts for districts in or adjacent to the area comprising the Inner London boroughs and the City of London; and

(b) proceedings by or against judges or officers of the courts.

(6) The foregoing provisions of this section authorise the making of rules providing for orders being made at any stage of any proceedings directing that specified facts may be proved at the trial by affidavit with or without the attendance of the deponent for cross-examination, notwithstanding that a party desires his attendance for cross-examination and that he can be produced for that purpose.

[F4 (6A) County court rules may—

(a) to any extent (and with or without modification) apply any rules of court, or other provision–

(i) made by or under any enactment; and

(ii) relating to the practice or procedure of any other court,

to the practice or procedure of county courts; and

(b) amend or repeal any statutory provision relating to the practice or procedure of county courts so far as may be necessary in consequence of any provision made by the rules.

Rules made by virtue of this subsection applying any provisions may apply them as amended from time to time.]

[F5 (7) The rule committee shall consist of the following persons appointed by the Lord Chancellor–

(a) five judges of county courts;

(b) two district judges;

(c) two persons who have a Supreme Court qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and

(d) two persons who have been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Supreme Court.]

(8) The Lord Chancellor may from time to time fill up any vacancies among the members of the rule committee.

(9) Any rules made by the rule committee shall be certified under the hands of the members of the committee, or any three or more of them, and submitted to the Lord Chancellor, who may allow or disallow or alter them.

(10) Any rules so made, as allowed or altered by the Lord Chancellor, shall—

(a) come into operation on such day as the Lord Chancellor may direct;

(b) be embodied in a statutory instrument to which the M1 Statutory Instruments Act 1946 shall apply as if it embodied rules made by a Minister of the Crown.

Textual Amendments

F1 S. 75(3)(b) substituted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 2(4); S.I. 1991/1364, art. 2,Sch

F2 S. 75(3)(d) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 16(2)

F3 Words in s. 75(3)(f) substituted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 49(3); S.I. 1991/608, art. 2, Sch.

F4 S. 75(6A) inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 16(3)

F5 S. 75(7) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 47

Marginal Citations

M1 1946 c. 36.