Page:Protection from Eviction Act 1977.pdf/8

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(3) In Part I of this Act “the owner”, in relation to any premises, means the person who, as against the occupier, is entitled to possession thereof.

9.—(1) The court for the purposes of Part I of this Act shall, subject to this section, be—
 * (a) the county court, in relation to premises with respect to which the county court has for the time being jurisdiction in actions for the recovery of land; and
 * (b) the High Court, in relation to other premises.

(2) Any powers of a county court in proceedings for the recovery of possession of any premises in the circumstances mentioned in section 3(1) of this Act may be exercised with the leave of the judge by any registrar of the court, except in so far as rules of court otherwise provide.

(3) Nothing in this Act shall affect the jurisdiction of the High Court in proceedings to enforce a lessor's right of re-entry or forfeiture or to enforce a mortgagee’s right of possession in a case where the former tenancy was not binding on the mortgagee.

(4) Nothing in this Act shall affect the operation of—
 * (a) section 59 of the Pluralities Act 1838;
 * (b) section 19 of the Defence Act 1842;
 * (c) section 6 of the Lecturers and Parish Clerks Act 1844;
 * (d) paragraph 3 of Schedule 1 to the Sexual Offences Act 1956; or
 * (e) section 13 of the Compulsory Purchase Act 1965.

10. In so far as this Act requires the taking of proceedings in the court for the recovery of possession or confers any powers on the court it shall (except in the case of section 4(10)) be binding on the Crown.

11.—(1) In its application to the Isles of Scilly, this Act (except in the case of section 5) shall have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment, in pursuance of a resolution of either House of Parliament.

(3) An order under this section may be varied or revoked by a subsequent order.