Personal Insolvency Act 2012

194.

Amendment of section 10 of Courts of Justice Act 1947.

194.— Section 10 of the Courts of Justice Act 1947 is amended—

( a) in subsection (1), by deleting “by subsections (2), (3), (4), (5) and (6) of this section” and substituting “by this section”,

( b) in subsection (2), by deleting paragraph (e), and

( c) by adding the following after subsection (6):

“(8) Subsections (2), (4) and (5) shall not apply to the distribution of the work, or the despatch of the business, of the Circuit Court that is required to be done by or transacted before a specialist judge of the Circuit Court.

(9) The President of the Circuit Court may, from time to time, by order fix, in respect of any circuit the—

( a) places therein at which sittings before specialist judges are to be held,

( b) times during the year and the hours between which (which may include times and hours other than the times and hours of the sittings of the Circuit Court fixed under subsection (2)) such sittings are to be held,

and, whenever such an order is in force, such sittings within that circuit shall be held—

(i) at the place fixed by the order and not elsewhere, and

(ii) at the times during the year and between the hours fixed by the order.

(10) The President of the Circuit Court may, before exercising his or her powers under subsection (9)( a) in respect of a circuit, consult the specialist judge permanently assigned to that circuit.

(11) Where 2 or more specialist judges are for the time being assigned (whether permanently or temporarily) to a particular circuit, the President of the Circuit Court, after consultation with those specialist judges, may, from time to time, allocate the business of the Circuit Court in that circuit that is required to be transacted before a specialist judge amongst those specialist judges.

(12) Where a specialist judge is for the time being assigned (whether permanently or temporarily) to a particular circuit, the President of the Circuit Court may, after consultation with that specialist judge, in respect of any business of the Circuit Court which may be transacted both before a county registrar for a county, county borough or other area within a circuit and a specialty judge assigned to that circuit, by order—

( a) direct that such business is to be transacted before a county registrar and not before a specialist judge, or

( b) allocate such business amongst the specialty judges and the county registrars concerned.

(13) Every order made under subsection (2), (9) or (12) shall, as soon as may be after it is made, be published in such manner as the President of the Circuit Court may direct.”.