Prisons and Courts Bill (HC Bill 170)

60 (1) Section 220A (duty to obtain permission before changing residence) is
amended as follows.

(2) Omit subsection (7).

(3) In subsection (8), for “16” substitute “17”.

61 5In section 256AC (breach of supervision requirements imposed under
section 256AA), for subsection (2) substitute—

“(2) Any summons or warrant issued under this section must direct the
person to appear or be brought before a magistrates’ court.”

62 In section 256B(3) (supervision after release by officer of provider of
10probation services), omit “local justice”.

63 In section 256C (breach of supervision requirements imposed under section
256B), for subsection (2) substitute—

“(2) Any summons or warrant issued under this section must direct the
offender to appear or be brought before a court.”

64 (1) 15Schedule 8 (breach, revocation or amendment of community order) is
amended as follows.

(2) In paragraph 1, omit the definition of “the local justice area concerned”.

(3) Omit paragraph 5(4).

(4) Omit paragraph 6(2).

(5) 20For paragraph 7(3), substitute—

“(3) Any summons or warrant issued under this paragraph must
direct the offender to appear or be brought before a magistrates’
court.”

(6) In paragraph 13—

(a) 25in sub-paragraph (1), for “the appropriate” substitute “a”,

(b) in sub-paragraph (2), omit “appropriate”, and

(c) omit sub-paragraph (7).

(7) Omit paragraphs 16 and 16A.

(8) In paragraph 17, for sub-paragraph (6) substitute—

“(6) 30In this paragraph “the appropriate court” means—

(a) in relation to a community order imposing a drug
rehabilitation requirement which is subject to review, the
court responsible for the order,

(b) in relation to a community order which was made by the
35Crown Court and does not include a direction that any
failure to comply with the requirements of the order is to
be dealt with by a magistrates’ court, the Crown Court,
and

(c) in relation to any other community order, a magistrates’
40court.”

(9) In paragraph 18(4), for “16” substitute “17”.

(10) In paragraph 19A(5), for “16” substitute “17”.

(11) In paragraph 20(2), for “16” substitute “17”.

(12) In paragraph 25(2), omit “a new local justice area or”.

(13) In paragraph 27—

(a) 5in sub-paragraph (1)—

(i) at the end of paragraph (a) insert “and”,

(ii) omit paragraph (b),

(iii) omit the “and” at the end of paragraph (c), and

(iv) omit paragraph (d), and

(b) 10omit sub-paragraphs (2) and (4).

65 (1) Schedule 12 (breach or amendment of suspended sentence order, and effect
of further conviction) is amended as follows.

(2) In paragraph 1, omit the definition of “the local justice area concerned”.

(3) Omit paragraph 4(4).

(4) 15Omit paragraph 5(2).

(5) In paragraph 6(3), for paragraph (b) substitute—

“(b) in any other case, before a magistrates’ court.”

(6) In paragraph 12(2)(b), for “acting in the local justice area in which the court
acted” substitute “of the peace”.

(7) 20In paragraph 13(3)(c), omit “acting in the local justice area concerned”.

(8) Omit paragraphs 14 and 14A.

(9) In paragraph 22—

(a) in sub-paragraph (1)—

(i) at the end of paragraph (a) insert “and”,

(ii) 25omit paragraph (b),

(iii) omit the “and” at the end of paragraph (c), and

(iv) omit paragraph (d), and

(b) omit sub-paragraphs (2) and (4).

66 (1) Schedule 13 (transfer of suspended sentence orders) is amended as follows.

(2) 30In paragraph 2, omit “and section 216 (local justice area to be specified) does
not apply in relation to an order so made or amended”.

(3) In paragraph 3(1), for “to (d)” substitute “and (c)”.

(4) In paragraph 7, omit “and section 216 (local justice area to be specified) does
not apply in relation to an order so made or amended”.

(5) 35In paragraph 8(1), for “to (d)” substitute “and (c)”.

(6) In paragraph 12—

(a) omit sub-paragraphs (3), (5A) and (6), and

(b) in sub-paragraph (8), for “that court” (in both places) substitute “the
original court”.

(7) 40In paragraph 20—

(a) in sub-paragraphs (3) and (4), omit “local justice”,

(b) omit sub-paragraph (5), and

(c) in sub-paragraph (6)—

(i) for paragraph (a) substitute—

“(a) 5provide copies of the amending order to the
offender, the relevant officer and a provider
of probation services operating in the area
in which the offender resides or proposes to
reside, and”,”

(ii) 10in paragraph (b), for “the magistrates’ court acting in that
area” substitute “a magistrates’ court”, and

(iii) in that paragraph, omit “acting in that area” (in the second
place).

67 (1) Schedule 19A (supervision default orders) is amended as follows.

(2) 15Omit paragraph 2(f).

(3) In paragraph 8, for sub-paragraph (2) substitute—

“(2) A summons or warrant issued under this paragraph must direct
the person to appear or be brought before a magistrates’ court.”

(4) In paragraph 10—

(a) 20in sub-paragraph (1), for “the appropriate” substitute “a”, and

(b) omit sub-paragraph (9).

(5) Omit paragraph 11.

Gambling Act 2005

68 The Gambling Act 2005 is amended as follows.

69 25In section 207(1) (premises licence: appeal process), for paragraph (a)
substitute—

“(a) in a magistrates’ court,”.

70 In section 226(3) (temporary use of premises: appeal process), for paragraph
(a) substitute—

“(a) 30in a magistrates’ court,”.

71 In section 284(6)(a) (removal of exemption: appeal process), for paragraph
(a) substitute—

“(a) in a magistrates’ court,”.

72 In Schedule 10 (family entertainment centre gaming machine permits), in
35paragraph 22(2), for paragraph (a) substitute—

“(a) in a magistrates’ court,”.

73 In Schedule 11 (exempt lotteries), in paragraph 51—

(a) omit sub-paragraph (2)(a), and

(b) in sub-paragraph (4)(b), for “(2)(a) and (b)” substitute “(2)(b)”.

74 40In Schedule 12 (club gaming permits and club machine permits), in
paragraph 25(5), for paragraph (a) substitute—

“(a) in a magistrates’ court,”.

75 In Schedule 13 (licensed premises gaming machine permits), in paragraph
21(2), for paragraph (a) substitute—

“(a) in a magistrates’ court,”.

76 In Schedule 14 (prize gaming permits), in paragraph 22(2), for paragraph (a)
5substitute—

“(a) in a magistrates’ court”.

Road Safety Act 2006

77 (1) Section 16 of the Road Safety Act 2006 (experimental period for alcohol
ignition interlock programme orders) is amended as follows.

(2) 10In subsection (4)(b), omit “acting for a local justice area”.

(3) In subsection (6), for “an area” substitute “a court, area”.

(4) In subsection (7)—

(a) for “an area” substitute “a court, area”, and

(b) in paragraph (a), after “for different” insert “courts,”.

15Criminal Justice and Immigration Act 2008

78 The Criminal Justice and Immigration Act 2008 is amended as follows.

79 In section 4(2) (meaning of “the qualifying officer”), for paragraph (b)
substitute—

“(b) an officer of a provider of probation services.”

80 20In section 80(5)(f) (meaning of “financial penalty”), omit “a local justice area
in”.

81 (1) Section 84 (requests from other member States: England and Wales) is
amended as follows.

(2) In subsection (2), for “the local justice area in which it appears that the
25person is normally resident” substitute “a magistrates’ court”.

(3) Omit subsection (3).

(4) In subsection (4), omit “Where the Lord Chancellor acts under subsection (2)
or (3),”.

(5) Omit subsection (5).

82 (1) 30Section 85 (procedure on receipt of certificate by designated officer) is
amended as follows.

(2) In subsection (1), for “local justice area” substitute “magistrates’ court”.

(3) In subsection (2), omit “acting for that area”.

83 In section 89(5) (modification of Magistrates’ Courts (Northern Ireland)
35Order 1981), in the words treated as substituted in Article 95(1) of the
Magistrates’ Courts (Northern Ireland) Order 1981—

(a) omit “any local justice area in”, and

(b) for “that local justice area” substitute “England and Wales”.

84 (1) Schedule 1 (youth rehabilitation orders) is amended as follows.

(2) In paragraph 8(3)—

(a) in paragraph (a), omit “, an officer of a local probation board”,

(b) at the end of that paragraph insert “and”,

(c) omit the “and” at the end of paragraph (b), and

(d) 5omit paragraph (c).

(3) In paragraph 10—

(a) for sub-paragraph (3)(b) substitute—

“(b) the court is satisfied that it is feasible to secure
compliance with such a requirement.”, and”

(b) 10in sub-paragraph (4), omit “, an officer of a local probation board”.

(4) In paragraph 22(4)—

(a) for paragraph (a) substitute—

“(a) the court is satisfied that it is feasible to secure
compliance with the requirement,”, and”

(b) 15in paragraph (c), omit “, an officer of a local probation board”.

(5) For paragraph 23(3)(a) substitute—

“(a) the court is satisfied that it is feasible to secure compliance
with the drug testing requirement,”.

(6) In paragraph 26(6)(a), omit sub-paragraph (i) (including the “and” at the
20end).

(7) Omit paragraph 33.

(8) In paragraph 34—

(a) in sub-paragraph (1)(c) omit “, to an officer of a local probation board
assigned to the court”, and

(b) 25omit sub-paragraphs (2) and (3).

85 (1) Schedule 2 (breach, revocation or amendment of youth rehabilitation orders)
is amended as follows.

(2) In paragraph 5—

(a) in sub-paragraph (3)—

(i) 30in paragraph (a), omit “acting in the relevant local justice
area”, and

(ii) in paragraph (b), omit “acting in that local justice area”, and

(b) omit sub-paragraph (4).

(3) In paragraph 11(8)—

(a) 35in paragraph (a), omit “acting in the local justice area specified in the
youth rehabilitation order”, and

(b) in paragraph (b), omit “acting in that local justice area”.

(4) In paragraph 13—

(a) omit sub-paragraphs (2) and (3),

(b) 40in sub-paragraph (5), for “paragraph” substitute “paragraphs 15
and”, and

(c) in sub-paragraph (6)—

(i) in paragraph (a), omit “acting in the local justice area
specified in the youth rehabilitation order”, and

(ii) in paragraph (b), omit “acting in that local justice area”.

(5) In paragraph 14—

(a) omit sub-paragraphs (2) and (3), and

(b) in sub-paragraph (5), for “paragraph” substitute “paragraphs 15
5and”.

(6) For paragraph 15 substitute—

““Exercise of powers under paragraph 13(4) or 14(4): change of residence

15 (1) This paragraph applies where a court which proposes to amend a
youth rehabilitation order under paragraph 13(4) or 14(4) is
10satisfied that the offender resides, or proposes to reside, in an area
other than the original area (“the new area”).

(2) If the order imposes a programme requirement which, in the
opinion of the court, cannot be complied with unless the offender
continues to reside in the original area, the court may not amend
15the order unless the court is satisfied that a programme which—

(a) corresponds as nearly as practicable to the programme
specified in the order for the purposes of that requirement,
and

(b) is suitable for the offender,

20is available in the new area.

(3) If the order contains any other requirements which, in the opinion
of the court, cannot be complied with unless the offender
continues to reside in the original area, when amending the order
the court must either—

(a) 25cancel those requirements, or

(b) substitute for those requirements other requirements that
can be complied with if the offender resides in the new
area.

(4) In this paragraph “the original area” means the area in which the
30offender resided—

(a) when the order was most recently amended, or

(b) if the order has not been amended, when it was made.”

(7) In paragraph 16A(6)—

(a) in paragraph (a), omit “acting in the local justice area specified in the
35youth rehabilitation order”, and

(b) in paragraph (b), omit “acting in that local justice area”.

(8) In paragraph 20(2)(c), omit “local justice area or”.

(9) In paragraph 24—

(a) in sub-paragraph (1)—

(i) 40omit paragraphs (c) and (f),

(ii) at the end of paragraph (d) insert “and”, and

(iii) omit the “and” at the end of paragraph (e), and

(b) omit sub-paragraph (2).

86 In Schedule 3 (transfer of youth rehabilitation orders to Northern Ireland),
in paragraph 3, omit “and paragraph 33 of Schedule 1 (local justice area to be
specified in order) does not apply in relation to an order so made or
amended”.

5Coroners and Justice Act 2009

87 The Coroners and Justice Act 2009 is amended as follows.

88 Omit section 97(2) (interpretation: witness anonymity orders made by
magistrates’ courts).

89 In section 129(1) (promoting awareness of sentencing practice), for
10paragraph (a) substitute—

“(a) in relation to each location at which magistrates’ courts sit,
information regarding the sentencing practice of magistrates’
courts when they sit at that location, and”.

Terrorism Prevention and Investigation Measures Act 2011

90 15In Schedule 5 to the Terrorism Prevention and Investigation Measures Act
2011 (powers of entry, search, seizure and retention), in paragraph 9(16)(a),
for the words following “for” substitute “a magistrates’ court”.

Legal Aid, Sentencing and Punishment of Offenders Act 2012

91 The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is
20amended as follows.

92 (1) Section 94 (requirements for electronic monitoring) is amended as follows.

(2) In subsection (5), omit “in each local justice area which is a relevant area”.

(3) Omit subsection (7).

93 (1) Section 95 (requirements for electronic monitoring: extradition cases) is
25amended as follows.

(2) In subsection (5), omit “in each local justice area which is a relevant area”.

(3) Omit subsection (7).

Anti-social Behaviour, Crime and Policing Act 2014

94 In section 27 of the Anti-social Behaviour, Crime and Policing Act 2014
30(variation or discharge of criminal behaviour orders), omit subsection (6).

Serious Crime Act 2015

95 In Schedule 2 to the Serious Crime Act 2015 (execution of search and seizure
warrants), in paragraph 11(2)(a), for the words following “for” substitute “a
magistrates’ court”.

35Modern Slavery Act 2015

96 The Modern Slavery Act 2015 is amended as follows.

97 (1) Section 15 (slavery and trafficking prevention orders on application) is
amended as follows.

(2) In subsection (5), omit the words following “complaint”.

(3) Omit subsection (8)(a).

98 5In section 20(10) (variation, renewal and discharge: the appropriate court),
for paragraphs (b) to (d) substitute—

“(b) where an adult magistrates’ court made the order, any adult
magistrates’ court;

(c) where a youth court made the order and the defendant is
10under 18, any youth court;

(d) where a youth court made the order and the defendant is 18
or over, any adult magistrates’ court.”

99 (1) Section 23 (slavery and trafficking risk orders) is amended as follows.

(2) In subsection (4), omit the words following “complaint”.

(3) 15Omit subsection (7)(a).

100 In section 27(8) (variation, renewal and discharge: the appropriate court), for
paragraphs (a) to (c) substitute—

“(a) where an adult magistrates’ court made the slavery and
trafficking risk order, any adult magistrates’ court;

(b) 20where a youth court made the order and the defendant is
under 18, any youth court;

(c) where a youth court made the order and the defendant is 18
or over, any adult magistrates’ court.”

Psychoactive Substances Act 2016

101 25In Schedule 3 to the Psychoactive Substances Act 2016 (search warrants:
England and Wales and Northern Ireland), in paragraph 13(2)(a), for the
words following “for” substitute “a magistrates’ court”.

Section 54

SCHEDULE 13 Traffic and air quality offences: use of statements of truth

30Environment Act 1995

1 In paragraph 5 of Schedule 11 to the Environment Act 1995 (fixed penalty
notices), after sub-paragraph (5) insert—

“(5A) In the application of paragraph 5(1)(j) to regulations made by the
Secretary of State or the Welsh Ministers, “statutory declaration”
35includes a statement of any other kind.”

London Local Authorities Act 1996 (c. ix)

2 (1) Paragraph 10 of Schedule 1 to the London Local Authorities Act 1996
(invalid enforcement notices etc relating to bus lane infringements) is
amended in accordance with this paragraph.

(2) In sub-paragraph (1)—

(a) in paragraph (b), for “statutory declaration” substitute “witness
statement”;

(b) in paragraph (c), for “declaration” substitute “witness statement”.

(3) 5In sub-paragraphs (2), (3), (4) and (5) (in each place), for “statutory
declaration” substitute “witness statement”.

(4) In sub-paragraphs (6) (in each place) and (7), for “declaration” substitute
“witness statement”.

(5) After sub-paragraph (7) insert—

“(8) 10In this paragraph “witness statement” means a statement which is
a witness statement for the purposes of the Civil Procedure Rules
1998 and which is supported by a statement of truth in accordance
with Part 22 of those Rules.”

London Local Authorities and Transport for London Act 2003 (c. v)

3 (1) 15The London Local Authorities and Transport for London Act 2003 is
amended as follows.

(2) In section 6 (limitation of service of penalty charge notices), in subsection
(2)(c), for “statutory declaration” substitute “witness statement”.

(3) Paragraph 7 of Schedule 1 (invalid penalty charge notices etc relating to road
20traffic contraventions) is amended as follows.

(4) In sub-paragraph (1)—

(a) in paragraph (b), for “statutory declaration” substitute “witness
statement”;

(b) in paragraph (c), for “declaration” substitute “witness statement”.

(5) 25In sub-paragraph (2), for “statutory declaration” substitute “witness
statement”.

(6) For sub-paragraph (3) substitute—

“(3) A witness statement under this paragraph is invalid if the person
who made the witness statement claims that more than one of the
30grounds mentioned in sub-paragraph (2) above is met.

(3A) If a witness statement under this paragraph is invalid, whether
under sub-paragraph (3) above or otherwise, sub-paragraph (8)
below shall not apply in relation to the declaration.”

(7) In sub-paragraphs (4), (5), (6), (7) and (8) (in each place), for “statutory
35declaration” substitute “witness statement”.

(8) In sub-paragraphs (9) (in each place), (10) and (11), for “declaration”
substitute “witness statement”.

(9) After sub-paragraph (11) insert—

“(12) In this paragraph “witness statement” means a statement which is
40a witness statement for the purposes of the Civil Procedure Rules
1998 and which is verified by a statement of truth in accordance
with Part 22 of those Rules.”

Section 55

SCHEDULE 14 Attachment of earnings orders in the High Court

1 The Attachment of Earnings Act 1971 is amended as follows.

2 In section 3 (application for order and conditions of court’s power to make
5it)—

(a) in subsection (6), after “brought in” insert “the High Court or”;

(b) in subsection (7), at the beginning insert “The High Court or”.

3 In section 6 (effect and contents of order), in subsection (1A), after “If” insert
“the High Court or”.

4 10In section 6A (the fixed deductions scheme), in subsection (1), after “orders”
insert “(whether made by the High Court or the county court)”.

5 In section 8 (interrelation with alternative remedies open to creditors), in
subsection (2)—

(a) after “Where” insert “the High Court or”;

(b) 15for “leave of the county court” substitute “permission of the court”.

6 In section 9A (suspension of fixed deductions orders)—

(a) in subsection (1), at the beginning insert “The High Court or”;

(b) in subsection (2), at the beginning insert “The High Court or”;

(c) in subsection (4), at the beginning insert “The High Court or”;

(d) 20in subsection (5), after “which” insert “the High Court or”.

7 In section 14 (power of court to obtain statement of earnings etc), in
subsection (1A), after “proceedings” insert “the High Court or”.

8 In section 17 (consolidated attachment orders)—

(a) in subsection (1), after “powers of” insert “the High Court or”;

(b) 25in subsection (4), after “which” insert “the High Court or”.

9 In section 22 (persons employed under the Crown), in subsection (4), for “an
official of the Office of Public Service” substitute “a person authorised for
this purpose by the Minister for the Civil Service”.

10 In section 23 (enforcement provisions)

(a) 30in subsection (1ZA)—

(i) in paragraph (a), after “application to” insert “the High Court
or”;

(ii) in paragraph (b), after “notice that” insert “the High Court
or”;

(b) 35in subsection (2)(c) and (f), omit “or suspension order”.

11 In section 25 (general interpretation), in the definition of “the court” in
subsection (1), after “proceedings in” insert “the High Court,”.