Section 3 General provisions as to proceedings under Act.

(1)

All proceedings brought under this Act with respect to liability to repair a chancel shall be brought in the county court F1..., and notwithstanding anything in the M1F2County Courts Act 1959, F3the county court shall have jurisdiction to determine any such proceedings whatsoever.

(2)

The provisions of sections forty-three and forty-four of the M2County Courts Act 1959 (which provide for the removal of matters from the county court to the High Court), shall apply to any such proceedings as if the proceedings were a matter commenced in the county court under that Act.

(3)

No appeal shall lie under section one hundred and eight of the County Courts Act, 1959, from any determination or direction of F4the county court in any such proceedings without the leave of F5the court, unless the claim in the proceedings is a claim for a sum exceeding twenty pounds.

(4)

Without prejudice to the generality of the provisions of section one hundred and two of the County Courts Act 1959 provision may be made by rules under that section enabling the court—

(a)

to order a responsible authority bringing prodeedings under this Act to give security for costs;

(b)

in a case where judgment is given for the payment of a sum of money in respect of repairs not yet executed, to direct the money to be paid into court and to give any other directions necessary for the purpose of ensuring that the money is spent in executing the repairs;

and rules under that section may prescribe the form of the notice to repair and the manner in which it may be served.

Annotations

Textual amendments

F1: Words in s. 3(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 64(a)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2: Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)
F3: Words in s. 3(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 64(a)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4: Words in s. 3(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 64(b)(i); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5: Words in s. 3(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 64(b)(ii); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Marginal citations

M1: 1959 c. 22.
M2: 1959 c. 22.