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The Civil Courts (Amendment) Order 2006

S.I. 2006/1542 · Made 13 June 2006

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.

COUNTY COURTS, ENGLAND AND WALES

Made 13th June 2006

Laid before Parliament 15th June 2006

Coming into force 6th July 2006

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 2(1) of the County Courts Act 1984f1, section 33(1) of the Matrimonial and Family Proceedings Act 1984f2, sections 117 and 374 of the Insolvency Act 1986f3 and under section 67 (1) and (2) of the Race Relations Act 1976f4.

In accordance with section 2(1) of the County Courts Act 1984 he has consulted the Lord Chief Justice before making the Order. In accordance with section 33(1) of the Matrimonial and Family Proceedings Act 1984, sections 117(4) and 374 of the Insolvency Act 1986 and sections 67(1) and (2) of the Race Relations Act 1976 the Lord Chief Justice concurs in the making of this Order.

Annotations to the whole text

Footnotes

f1

1984 c. 28. Section 2 is amended by section 15(1) of and paragraphs 160 and 161 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

f2

1984 c. 42. Section 33 is amended by section 15(1) of and paragraphs 171 and 172 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

f3

1986. c.45 Section 117 and 374 are amended by section 15(1) and Part 1, paragraphs 185, 186(1), (2) and 187(1), (2) of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

f4

1976 c. 74 Section 67 is amended by section 15(1) and paragraphs 87(1)and (2) of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

Contents

  1. 1Citation and commencement
  2. 2Closure of Shoreditch County Court and Clerkenwell County Court
  3. 3Establishment of Clerkenwell & Shoreditch County Court
  4. 4Divorce jurisdiction
  5. 5Transitional provisions
  6. 6Proceedings under the Insolvency Act 1986
  7. 7Amendments to the Civil Courts Order 1983
  8. Signature
  9. Explanatory note

1Citation and commencement

This Order may be cited as the Civil Courts (Amendment) Order 2006 and shall come into force on 6th July 2006.

2Closure of Shoreditch County Court and Clerkenwell County Court

The Shoreditch County Court and the Clerkenwell County Court shall cease to be held.

3Establishment of Clerkenwell & Shoreditch County Court

A county court shall be held at Farringdon, London EC1 and named the Clerkenwell & Shoreditch County Court.

4Divorce jurisdiction

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

5Transitional provisions

The Clerkenwell & Shoreditch County Court shall have jurisdiction in proceedings begun in the Shoreditch County Court and the Clerkenwell County Court before this Order comes into force.

6Proceedings under the Insolvency Act 1986

The Clerkenwell & Shoreditch County Court shall be excluded from having jurisdiction under the Insolvency Act 1986.

7Amendments to the Civil Courts Order 1983

The Civil Courts Order 1983f1 shall be amended as follows:

(1)

In Schedule 3—

(a)

delete the entries relating to Clerkenwell County Court;

(b)

delete the entries relating to Shoreditch County Court;

(c)

in the fifth column, for each entry for “Westminster”, substitute “Central London”;

(2)

after the entry for “Exeter” insert—

(a)

in the first column “Farringdon”;

(b)

in the second column “Divorce”;

(c)

in the Fifth column “Central London”.

(3)

In Schedule 4 insert—

“14

The name of the County Court at Farringdon, shall be the Clerkenwell & Shoreditch County Court.”

Signature

Signed by authority of the Lord Chancellor

Harriet Harman

Minister of State,

Department for Constitutional Affairs

Date 13th June 2006

I concur

Phillips of Worth Matravers CJ

Date 13th June 2006

Explanatory note

(This note is not part of the Order)

This Order amends the Civil Courts Order 1983 so as to close the Shoreditch County Court and the Clerkenwell County Court. It provides for a new county court, at Farringdon London EC1, named Clerkenwell & Shoreditch County Court.

The new Clerkenwell & Shoreditch County Court has jurisdiction in proceedings commenced before the coming in to force of this Order in the Shoreditch or the Clerkenwell County Courts. The Clerkenwell & Shoreditch County Court is excluded from having jurisdiction proceedings under the Insolvency Act 1986.

Central London County Court is assigned for the purpose of proceedings under the Race Relations Act 1976 as the district for the Clerkenwell & Shoreditch County Court.

The Order also makes corrections consequential on the Civil Courts (Amendment No 3) Order 1992, which established the Central London County Court and closed the Bloomsbury County Court and the Westminster County Court.