Regulation 3

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg.3(3)(d) added by County Court Remedies 1995 reg.2(a)(i ii)
reg.3(3A) added by County Court Remedies 1995 reg.2(b)
reg. 3(3)(a) omitted by Crime and Courts Act 2013 (Family Court: Consequential Provision) 2014 art. 23
reg. 3(3)(d) words substituted by Civil Procedure (Modification of Enactments) 2002 art. 10(a)
reg. 3(3A) words substituted by Civil Procedure (Modification of Enactments) 2002 art. 10(b)

(1)

Subject to the following provisions of this regulation, a countycourt shall not grant prescribed relief or vary or revoke an order madeby the High Court granting such relief.

(2)

Paragraph (1) shall not apply to—

(a)

any county court held by a judge of the Court of Appeal or judge ofthe High Court sitting as a judge for any county court district;

(b)

a patents county court held by a person nominated under section 291of the Copyright, Designs and Patents Act 1988^f1 to sit as a judge of that court.

(3)

A county court may grant relief of a kind referred to in regulation2(b)—

(a)

when exercising jurisdiction in family proceedings within themeaning of Part V of the Matrimonial and Family Proceedings Act 1984^f2;

(b)

for the purpose of making an order for the preservation, custody ordetention of property which forms or may form the subject matter ofproceedings, or

(c)

in aid of execution of a judgment or order made in proceedings in acounty court to preserve assets until execution can be levied upon them.

Paragraph (1) shalll not—

(a)

affect or modify powers expressly conferred on a county court by orunder any enactment other than section 38 of the County Courts Act 1984;or

(b)

prevent a county court from varying an order granting prescribedrelief where all the parties are agreed on the terms of the variation.

Annotations

Footnotes

f1: 1988 c. 48.
f2: 1984 c. 42.