Section 23 Provisions as to county courts.

(1)

Subject to the provisions of F1section one hundred and fifteen of the M1County Courts Act 1959 (which provides for the removal into the High Court of any proceedings commenced in F2the county court), the jurisdiction of the court under this Act shall be exercised by the county court.

(2)

In any proceedings under this Act, the powers of a judge of summoning one assessor under subsection (1) of section ninety-one of the M2County Courts Act 1959, may be exercised notwithstanding that no application is made in that behalf by any party to the proceedings.

(3)

Where an assessor is summoned by a judge in any proceedings by virtue of the last foregoing subsection—

(a)

he may, if so directed by the judge, inspect the land to which the proceedings relate without the judge, and report to the judge in writing thereon; and

(b)

the judge may, on consideration of the report and any observations of the parties thereon, give such judgment or make such order in the proceedings as may be just.

(4)

The remuneration of an assessor summoned as aforesaid shall be defrayed out of moneys provided by Parliament.

Annotations

Textual amendments

F1: Words substituted by virtue of County Courts Act 1959 (c. 22), s. 205(5)
F2: Words in s. 23(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; 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.