Under section 5(2)(t), County Courts Act 1984, judges of the tribunals are stated to be also judges of the county court. What does this mean in terms of effects? What consequential implications does this provision have, and how/when may it be invoked?

1 Answer 1



When the Crime and Courts Act 2013 ammended the 1984 Act to replace the various district County Courts with the singular County Court, section 5 was also ammended to establish who can sit in this new court structure.

The Home Office and Ministry of Justice Explanatory Notes for which say:

Paragraph 4 [Schedule 9, Crime and Courts Act 2013] substitutes for section 5 of the 1984 Act, which makes provision in respect of those judges (other than district judges) who may sit in the county courts, a new section 5. While, in practice, Circuit judges and district judges will remain the principal judges of the county court, the effect of this amendment and, in particular, subsection (2) of the new section 5, will be to enable a wider range of other judges to sit, on a flexible basis, in the single county court as “judges of the county court”.

  • So essentially it is of no effect to users of any of the court systems, and only of consequence the internal administrative arrangements of HMCTS so that they can if needed more flexibly cross allocate personnel between the various court bodies? Feb 23, 2023 at 14:19
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    @Seekinganswers Yes. From everyone else's point of view a judge is judge, so everyone on the s.5 list is able to sit in the county court - but not all county court judges can sit in other courts as a matter of course. I.e. it's a one way street.
    – user35069
    Feb 23, 2023 at 15:35

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