Courts and Legal Services Act 1990
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Change 1
SCHEDULE 17 Minor Amendments
Section 125(2). The Naval Agency and Distribution Act 1864 (c. 24) 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Land Registration Act 1925 (c. 21) 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Administration of Justice Act 1956 (c. 46) 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Powers of Attorney Act 1971 (c. 27) 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Attachment of Earnings Act 1971 (c. 32) 6 In section 23 of that Act (powers of judge in relation to failure by debtor to comply with order etc.) the following subsection shall be inserted at the end— (11) A district judge, assistant district judge or deputy district judge shall have the same powers under this section as a judge of a county court. The Juries Act 1974 (c. 23) 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Solicitors Act 1974 (c. 47) 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Magistrates’ Courts Act 1980 (c. 43) 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Senior Courts Act 1981 (c. 54) 12 In section 5(3) of the Senior Courts Act 1981 (judges to sit in other divisions of the High Court at the request of the Lord Chancellor) for the words “Lord Chancellor" to the end there shall be substituted “ Lord Chief Justice made with the concurrence of the President of the Family Division or the Vice-Chancellor, or both, as appropriate" ”. 13 In section 36(4) of that Act (witness not to be punished for failing to appear if he is not offered payment of his reasonable expenses of attending), for the words from “the expenses", to the end, there shall be substituted — (a) the expenses of coming and attending to give evidence and of returning from giving evidence; and (b) any other reasonable expenses which he has asked to be defrayed in connection with his evidence, was tendered to him at the time when the writ was served upon him. The County Courts Act 1984 (c. 28) 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 In section 77 of that Act (appeals: general provisions) after subsection (1) the following subsection shall be inserted— (1A) Without prejudice to the generality of the power to make county court rules under section 75, such rules may make provision for any appeal from the exercise by a district judge, assistant district judge or deputy district judge of any power given to him by virtue of any enactment to be to a judge of a county court. 16 In section 103 of that Act (execution out of the jurisdiction of the court), the following subsection shall be added at the end— (6) County court rules may make provision for the suspension of any judgment or order, on terms, in connection with any warrant issued with respect to any instalment payable under the judgment or order. 17 In section 138 of that Act (forfeiture for non-payment of rent), in subsections (2), (3), (5), (7), (8) and (9) (which relate to relief from forfeiture on payment into court of rent and costs), after the words “into court", in each place where they occur, there shall be inserted “ or to the lessor" ”. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Law of Property (Miscellaneous Provisions) Act 1989 (c. 34) 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 17 Minor Amendments
Section 125(2). The Naval Agency and Distribution Act 1864 (c. 24) 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Land Registration Act 1925 (c. 21) 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Administration of Justice Act 1956 (c. 46) 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Powers of Attorney Act 1971 (c. 27) 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Attachment of Earnings Act 1971 (c. 32) 6 In section 23 of that Act (powers of judge in relation to failure by debtor to comply with order etc.) the following subsection shall be inserted at the end— (11) A district judge, assistant district judge or deputy district judge shall have the same powers under this section as a judge of a county court. The Juries Act 1974 (c. 23) 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Solicitors Act 1974 (c. 47) 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Magistrates’ Courts Act 1980 (c. 43) 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Senior Courts Act 1981 (c. 54) 12 In section 5(3) of the Senior Courts Act 1981 (judges to sit in other divisions of the High Court at the request of the Lord Chancellor) for the words “Lord Chancellor" to the end there shall be substituted “ Lord Chief Justice made with the concurrence of the President of the Family Division or the Vice-Chancellor, or both, as appropriate" ”. 13 In section 36(4) of that Act (witness not to be punished for failing to appear if he is not offered payment of his reasonable expenses of attending), for the words from “the expenses", to the end, there shall be substituted — (a) the expenses of coming and attending to give evidence and of returning from giving evidence; and (b) any other reasonable expenses which he has asked to be defrayed in connection with his evidence, was tendered to him at the time when the writ was served upon him. The County Courts Act 1984 (c. 28) 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 In section 77 of that Act (appeals: general provisions) after subsection (1) the following subsection shall be inserted— (1A) Without prejudice to the generality of the power to make county court rules under section 75, such rules may make provision for any appeal from the exercise by a district judge, assistant district judge or deputy district judge of any power given to him by virtue of any enactment to be to a judge of a county court. 16 In section 103 of that Act (execution out of the jurisdiction of the court), the following subsection shall be added at the end— (6) County court rules may make provision for the suspension of any judgment or order, on terms, in connection with any warrant issued with respect to any instalment payable under the judgment or order. 17 In section 138 of that Act (forfeiture for non-payment of rent), in subsections (2), (3), (5), (7), (8) and (9) (which relate to relief from forfeiture on payment into court of rent and costs), after the words “into court", in each place where they occur, there shall be inserted “ or to the lessor" ”. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Law of Property (Miscellaneous Provisions) Act 1989 (c. 34) 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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