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The Civil Courts (Amendment) Order 1989

S.I. 1989/106 · Made 25 January 1989

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

JURISDICTION

Made 25th January 1989

Laid before Parliament 30th January 1989

Coming into force 27th February 1989

The Lord Chancellor, in exercise of the powers conferred on him by section 99(1) of the Supreme Court Act 1981f1; by section 33(1) of the Matrimonial and Family Proceedings Act 1984f2; by sections 2(1) and 26 of the County Courts Act 1984f3; and by sections 117(4) and 374 of the Insolvency Act 1986f4, hereby makes the following Order:–

Annotations to the whole text

Footnotes

f1

1981 c. 54.

f2

1984 c. 42.

f3

1984 c. 28.

f4

1986 c. 45.

Contents

  1. 1Article 1
  2. 2District Registry of the High Court
  3. 3County Courts
  4. Signature
  5. Schedule CONSEQUENTIAL AMENDMENTS
  6. Explanatory note

1

This Order may be cited as the Civil Courts (Amendment) Order 1989 and shall come into force on 27th February 1989.

2District Registry of the High Court

The district of the district registry of the High Court established at Workington shall be defined by reference to the districts of the Whitehaven and Workington County Courts.

3County Courts

(1)

A county court shall be established at Whitehaven.

(2)

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

(3)

For the purposes of section 26 of the County Courts Act 1984 the district of the Whitehaven County Court shall be assigned for admiralty purposes to the Workington County Court.

(4)

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

(5)

The amendments set out in the Schedule to this Order shall be made to the Civil Courts Order 1983f1 being amendments that are consequential upon the foregoing provisions of this order.

Signature

Mackay of Clashfern, C.

Dated 25th January 1989

CONSEQUENTIAL AMENDMENTS

The Civil Courts Order 1983 shall be amended as follows:–

(1)

in schedule 1 "Whitehaven" shall be inserted in its appropriate alphabetical position in the second column opposite the entry for Workington in the first column; and

(2)

in schedule 3 after the entry relating to Whitby there shall be inserted the following new entry:

First columnSecond columnThird columnFourth column
WhitehavenDivorceWorkingtonWorkington

Explanatory note

(This note is not part of the Order)

This Order amends the Civil Courts Order 1983 by:

(a)

amending the definition of the district of the district registry of the High Court at Workington to include a reference to the county court district of the Whitehaven County Court;

(b)

establishing a county court at Whitehaven;

(c)

designating the Whitehaven County Court as a divorce court and court of trial;

(d)

assigning the district of the Whitehaven County Court to the Workington County Court for admiralty purposes and

(e)

assigning the district of the Whitehaven County court to the Workington County Court for bankruptcy and winding-up purposes.