Section 38 Remedies available in county courts.F1
England and Wales
Subject to what follows, in any proceedings in F2the county court the court may make any order which could be made by the High Court if the proceedings were in the High Court.
Any order made by the county court may be –
absolute or conditional;
final or interlocutory.
F3Neither the county court nor the family court has power –
to order mandamus, certiorari or prohibition; or
to make any order of a prescribed kind.
Regulations under subsection (3) –
may provide for any of their provisions not to apply in such circumstances or descriptions of case as may be specified in the regulations;
may provide for the transfer of the proceedings to the High Court for the purpose of enabling an order of a kind prescribed under subsection (3) to be made;
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may make provision amending or repealing any provision made by or under any enactment, so far as may be necessary or expedient in consequence of the regulationsF5; and
may make different provision for different purposes.
If regulations are made under subsection (3), rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 about procedure relevant to the matters prescribed in the regulations.
In this section “ prescribed ” means prescribed by regulations made F7 under this section by the Lord Chancellor after consulting the Lord Chief Justice .
The power to make regulations under this section shall be exercised by statutory instrument.
No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.
Annotations
Textual amendments
- F1
S. 38 commencing "Subject to what follows" substituted (1.7.1991) for s. 38 commencing "Every county court" and s. 39 by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 3
- F2
Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3 and with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
- F3
Words in s. 38(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 66(1); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
- F4
S. 38(4)(c) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12(2), 146, 148(1), Sch. 1 para. 17(2), Sch. 18 Pt. 1; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 7, 30(a)
- F5
S. 38(4)(e) and word inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 66(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
- F6
S. 38(4A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12(2), 148(1), Sch. 1 para. 17(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7
- F7
Words in s. 38(5) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 167; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)