Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 3 — Further consequential amendments and repeals
117

Immigration, Asylum and
Section 39(2)(b) (disclosure to law

Nationality Act 2006
enforcement agencies)

Counter-Terrorism Act 2008
In section 18E, paragraph (b) of the

definition of “law enforcement authority”

(sections 18 to 18E: supplementary

5

provisions)

Coroners and Justice Act 2009
Section 75(2)(c) (qualifying criminal

investigations)

Section 161(2)(a)(i) (applications for

exploitation proceeds order)

10

Section 166(9A) (exploitation proceeds

orders) effect of conviction being quashed

etc

Terrorism Prevention and
In section 10 (criminal investigations into

Investigation Measures Act
terrorism-related activity), paragraph (d) of

15

2011
the definition of “police force”

References to the Director General of SOCA
185
In the following enactments, for “Director General of the Serious Organised
Crime Agency” substitute “Director General of the National Crime
Agency”—
20

Data Protection Act 1998
In section 56 (prohibition of requirement as

to production of certain records), entry 1(d)

in the table

Criminal Justice Act 2003
Section 29(5)(cb) (new method of

instituting proceedings)

25

Commissioners for Revenue
Section 41(2)(e) (disclosure of information

and Customs Act 2005
to Director of Revenue and Customs

Prosecutions)

Legal Services Act 2007
Section 169(5)(d) (disclosure of information

to the Legal Services Board)

30

Coroners and Justice Act 2009
Section 81(3) (delegation of functions)

References to SOCA and its Director General
186
In the following enactments—
(a)
for “Serious Organised Crime Agency” substitute “National Crime
Agency”; and
35
(b)
for “Director General of the Serious Organised Crime Agency” or
“Director General of that Agency” substitute “Director General of the
National Crime Agency”—

Counter-Terrorism Act 2008
Section 18(3G)(f) (material not subject to

existing statutory restrictions)

40

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 4 — Subordinate legislation
118

Coroners and Justice Act 2009
Section 77(1)(c) (applications for

investigation anonymity orders)

Terrorism Prevention and
In section 10 (criminal investigations into

Investigation Measures Act
terrorism-related activity), paragraph (d) of

2011
the definition of “chief officer”

5

Repeals
187
The following enactments are repealed to the extent specified—

Courts Act 2003
Section 41(6)(c) (disqualification of lay

justices who are members of SOCA etc)

Coroners and Justice Act 2009
Section 170 (amendments of Part 1 of the

10

Serious Organised Crime and Police Act

2005)

Part 4
Subordinate legislation
References to SOCA etc
15
188   (1)
In any relevant subordinate legislation—
(a)
a reference (however expressed) of a kind specified in an entry in the
first column of the following table is to be read as being, or including,
a reference of the kind specified in the corresponding entry in the
second column of the table; and
20
(b)
related expressions are to be read accordingly.

A reference to...
...is or includes a reference to...

the Serious Organised Crime
the National Crime Agency

Agency

the Director General of the
the Director General of the

25

Serious Organised Crime Agency
National Crime Agency

the staff of the Serious Organised
National Crime Agency officers

Crime Agency

a member of staff of the Serious
a National Crime Agency officer

Organised Crime Agency

30
      (2)
The preceding provision of this paragraph is without prejudice to section 40
(consequential amendments).
      (3)
In this paragraph “relevant subordinate legislation” means Orders in
Council, orders, rules, regulations, schemes, warrants, byelaws and other
instruments made before the end of the Session of Parliament in which this
35
Act is passed under—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
119

(c)
an Act of the Northern Ireland Assembly, or
(d)
a Measure or Act of the National Assembly for Wales.
Schedule 9
Section 16

Single county court in England and Wales
Part 1
5
Amendments of the County Courts Act 1984
1
The County Courts Act 1984 is amended as follows.
2     (1)
Section 3 (place and time of sittings) is amended as follows.
      (2)
For subsections (1) and (2) substitute—
“(1)
Sittings of the county court may be held, and any other business of
10
the county court may be conducted, anywhere in England and
Wales.
(1A)
Sittings of the county court at any place may be continuous or
intermittent or occasional.
(2)
Sittings of the county court may be held simultaneously to take any
15
number of different cases in the same place or different places, and
the court may adjourn cases from place to place at any time.
(2A)
The places at which the county court sits, and the days and times at
which it sits in any place, are to be determined in accordance with
directions given by the Lord Chancellor after consulting the Lord
20
Chief Justice.”
      (3)
Omit subsection (4) (references to sittings of the court to include sittings by
a district judge).
      (4)
In subsection (5) (delegation of Lord Chief Justice’s functions under
subsection (1)) for “subsection (1)” substitute “this section”.
25
3
In section 4 (use of public buildings for courts)—
(a)
in subsection (1) for “county court is” substitute “sitting of the county
court is to be”,
(b)
in subsection (1) after “for the purpose of holding” insert “the sitting
of”, and
30
(c)
in subsection (2) for “any court,” substitute “sittings of the county
court,”.
4
For section 5 (judges) substitute —
“5
Judges of the county court
(1)
A person is a judge of the county court if the person—
35
(a)
is a Circuit judge,
(b)
is a district judge (which, by virtue of section 8(1C), here
includes a deputy district judge appointed under section 8),
or

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
120

(c)
is within subsection (2),

but see also section 9 of the Senior Courts Act 1981 (certain ex-judges
may act as judges of the county court).
(2)
A person is within this subsection (and so, by virtue of subsection
(1)(c), is a judge of the county court) if the person—
5
(a)
is the Lord Chief Justice,
(b)
is the Master of the Rolls,
(c)
is the President of the Queen’s Bench Division,
(d)
is the President of the Family Division,
(e)
is the Chancellor of the High Court,
10
(f)
is an ordinary judge of the Court of Appeal (including the
vice-president, if any, of either division of that court),
(g)
is the Senior President of Tribunals,
(h)
is a puisne judge of the High Court,
(i)
is a deputy judge of the High Court,
15
(j)
is the Judge Advocate General,
(k)
is a Recorder,
(l)
is a person who holds an office listed—
(i)
in the first column of the table in section 89(3C) of the
Senior Courts Act 1981 (senior High Court masters
20
etc), or
(ii)
in column 1 of Part 2 of Schedule 2 to that Act (High
Court masters etc),
(m)
is a deputy district judge appointed under section 102 of that
Act,
25
(n)
is a Chamber President, or a Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal,
(o)
is a judge of the Upper Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
30
and Enforcement Act 2007,
(p)
is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),
(q)
is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),
35
(r)
is a District Judge (Magistrates’ Courts),
(s)
is a person appointed under section 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1951 (assistants to the Judge
Advocate General),
(t)
is a judge of the First-tier Tribunal by virtue of appointment
40
under paragraph 1(1) of Schedule 2 to the Tribunals, Courts
and Enforcement Act 2007,
(u)
is a transferred-in judge of the First-tier Tribunal (see section
31(2) of that Act), or
(v)
is a member of a panel of Employment Judges established for
45
England and Wales or for Scotland.”
5     (1)
Section 6 (district judges) is amended as follows.
      (2)
Omit subsections (2), (4) and (7) (which relate to the assignment of district
judges to county court districts).

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
121

      (3)
In subsection (3) (interpretation of statutory and other references to district
judges) for the words after “of a county court” substitute “is—
(a)
if the context permits, a reference to the county court, and
(b)
otherwise is a reference to a judge of the county court.”
      (4)
For the italic heading before the section substitute “District judges and deputy
5
district judges”.
6     (1)
Section 8 (deputy district judges) is amended as follows.
      (2)
In subsection (1) (appointment to facilitate disposal of business in the county
courts) for “courts” substitute “court or any other court or tribunal to which
a person appointed under this subsection may be deployed”.
10
      (3)
Omit subsections (1B) and (1D) (which relate to the assignment of deputy
district judges to county court districts).
      (4)
In subsection (1C) (deputy district judge to have powers of a district
judge)—
(a)
omit “and assigned to a district”,
15
(b)
omit “, while acting under his assignment,”, and
(c)
for “assigned to the district” substitute “other than a district judge’s
power to act in a district registry of the High Court”.
7     (1)
Section 12 (records of proceedings) is amended as follows.
      (2)
For subsection (1) (district judge for a district to keep such records as may be
20
prescribed) substitute—
“(1)
The Lord Chancellor may by regulations made by statutory
instrument provide for the keeping of records of and in relation to
proceedings of the county court.”
      (3)
In subsection (2) (certified copies of entries) for “the district judge” substitute
25
“a judge of the county court”.
      (4)
In the title omit the words after “kept”.
8     (1)
Section 13 (officers of court not to act as solicitors in that court) is amended
as follows.
      (2)
In subsection (1) (officer of a county court and officer’s firm not to be
30
engaged as representative in any proceedings in that court, subject to
exception in subsection (4) for deputy district judges)—
(a)
for the words from the beginning to “be” substitute—

“A fee-paid part-time judge of the county court may not act
as a judge of the court in relation to any proceedings in the
35
court in which—
(a)
the judge,
(b)
a partner or employer of the judge,
(c)
a body of which the judge is a member or officer, or
(d)
a body of whose governing body the judge is a
40
member,

is”, and
(b)
omit “in any proceedings in that court”.
      (3)
Omit subsection (3) (which refers to a provision previously repealed).

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
122

      (4)
Omit subsection (4) (provision about deputy district judges which is
incorporated in the amended subsection (1)).
9     (1)
Section 14 (penalty for assaulting officer of a court) is amended as follows.
      (2)
In subsection (1)—
(a)
for “a court” substitute “the county court”,
5
(b)
for “judge”, in both places, substitute “court”, and
(c)
for “a bailiff” substitute “an officer”.
      (3)
Omit subsection (3) (which provided for “judge” to include district judge
and deputies, but which will become superfluous as a result of amendments
made by this Schedule).
10
10    (1)
In sections 15 to 25, 27(9), 30 and 36 to 147 and Schedule 1 and in any
uncommenced enactment that amends any of those provisions (but subject
to any specific amendments or repeals made by or under this Act)—
(a)
for “A county court”, in each place, substitute “The county court”,
and
15
(b)
for “a county court”, in each place, substitute “the county court”.
      (2)
In sections 18 and 24(1) omit “specified in the memorandum”.
      (3)
Omit sections 26, 27(1) to (8), 28, 31(1), 32, 33 and 59 (Admiralty, and
contentious probate, jurisdictions).
      (4)
In section 27(9) for “No county court shall” substitute “The county court
20
does not”.
      (5)
In section 30 (actions in personam in collision etc cases)—
(a)
in subsections (2) and (4) for “No county court shall” substitute “The
county court may not”,
(b)
in subsection (7) omit “(whether a county court or not)”, and
25
(c)
in subsection (8) for the words after “applies” substitute “generally in
relation to the jurisdiction of the county court (and not only in
relation to any jurisdiction that may be conferred on the county court
in relation to Admiralty proceedings).”
      (6)
In section 31(2) (Admiralty provisions: savings) for the words from the
30
beginning to “authorise” in paragraph (c) substitute “Nothing in section 31
or any provisions made for the purpose of, or in connection with, conferring
jurisdiction on the county court in relation to Admiralty proceedings
authorises”.
      (7)
In section 35 for “in one or more of the county courts” substitute “the county
35
court”.
      (8)
In section 37(1) for the words after “other” substitute “Act on the county
court may be exercised by any judge of the county court.”
      (9)
Omit section 37(2).
     (10)
Omit section 40(4) (transfer of proceedings to particular county courts).
40
     (11)
In section 45(1) (costs in transferred cases)—
(a)
in paragraph (b) for “Court; or” substitute “Court,”, and
(b)
omit paragraph (c).

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
123

     (12)
In section 55—
(a)
in subsection (1) for “judge” substitute “court”,
(b)
in subsection (2) for “A judge” substitute “The court”,
(c)
in subsection (4) for “judge may at his” substitute “the court may at
its”, and
5
(d)
omit subsection (4A).
     (13)
In section 57(1)—
(a)
for “judge may, if he” substitute “court may, if it”, and
(b)
omit “under his hand”.
     (14)
In section 58(1)—
10
(a)
for paragraph (a) substitute—
“(a)
a judge of the county court; or”, and
(b)
for paragraph (c) substitute—
“(c)
an officer of the county court appointed by a judge of
the county court for the purpose,”.
15
     (15)
In section 58(2) for the words from “sworn” (where it first appears) to “such”
substitute “sworn before any such judge or”.
     (16)
In section 60(2) (rights of audience in certain housing cases) for the words
after paragraph (b) substitute—

“then, except where rules of court provide otherwise, any officer of
20
the authority authorised by the authority for the purpose may
address the court.”
     (17)
In section 60A(2) (rights of audience of employees of housing management
bodies: proceedings to which section applies) for “before a district judge
which” substitute “that are not excluded by rules of court and”.
25
     (18)
In section 61(3) for “every county court or as respects a specified county
court or” substitute “every place where the county court sits or”.
     (19)
In section 62 for “the judge” substitute “a judge”.
     (20)
In section 63—
(a)
in subsection (1) as substituted by the Courts and Legal Services Act
30
1990 for “a judge” substitute “in the county court a judge of the
court”,
(b)
in subsection (1) as having effect pending that substitution for “the
judge” substitute “in the county court a judge of the court”,
(c)
in subsection (2) as so substituted after “a judge” insert “of the county
35
court”,
(d)
omit subsections (2A) and (2B),
(e)
in subsection (3) for “judge” substitute “court”, and
(f)
in subsection (4) as having effect pending its being so substituted—
(i)
for “the judge” substitute “a judge”, and
40
(ii)
omit “by the district judge”.
     (21)
In section 64(1)(a) and (2)(a) after “proceedings” insert “in the county court”.
     (22)
In section 64(3) and (4) for “judge” substitute “court”.
     (23)
In section 64(4) for each of “he” and “him” substitute “it”.