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SCHEDULE 10
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FUNCTIONS TRANSFERRED TO JUSTICES' CHIEF EXECUTIVES |
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The Maintenance Orders (Facilities for Enforcement) Act 1920 (c.33) |
| | 1. - (1) Section 4 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (power of magistrates' courts to confirm maintenance orders made in certain Commonwealth countries) is amended as follows.
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(2) In subsection (5B) (powers of court), for-
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(a) "the clerk of the court or the clerk of any other magistrates' court", and |
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(b) "the clerk of the court, or to the clerk of any other magistrates' court,", |
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substitute "a justices' chief executive".
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(3) In subsection (6A) (application of section 60 of the Magistrates' Courts Act 1980)-
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(a) in paragraph (b), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for "the clerk of the court, or to the clerk of any other magistrates' court," substitute "a justices' chief executive", and |
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(b) in paragraph (c) (words to be regarded as replaced in subsection (5) of that section), for "clerk" substitute "justices' chief executive for the court". |
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The Maintenance Orders Act 1950 (c.37) |
| | 2. Part II of the Maintenance Orders Act 1950 (enforcement of certain maintenance orders made in another part of the United Kingdom) has effect subject to the following amendments.
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| | 3. - (1) Section 18 (enforcement of registered orders) is amended as follows.
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(2) In subsection (2ZA) (application of section 76 of the Magistrates' Courts Act 1980), in the subsection to be regarded as substituted as subsection (5) of that section, for-
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(a) "the clerk of the court or the clerk of any other magistrates' court", and |
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(b) "the clerk of the court, or to the clerk of any other magistrates' court,", |
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substitute "a justices' chief executive".
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(3) In subsection (2A) (requirement of person liable under order to notify change of address to clerk of the court), for "clerk" substitute "relevant officer".
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(4) After that subsection insert-
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"(2B) In subsection (2A) of this section "relevant officer" means-
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(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
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(b) in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court." |
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| | 4. - (1) Section 22 (discharge and variation of registered orders) is amended as follows.
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(2) In subsection (1B) (powers of court) for-
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(a) "the clerk of the court or the clerk of any other magistrates' court in England and Wales", and |
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(b) "the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,", |
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substitute "a justices' chief executive".
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(3) In subsection (1E) (application of section 60 of the Magistrates' Courts Act 1980)-
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(a) in paragraph (a), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for "the clerk of the court, or to the clerk of any other magistrates' court," substitute "a justices' chief executive", and |
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(b) in paragraph (b) (words to be regarded as replaced in subsection (5) of that section), for "clerk" substitute "justices' chief executive for the court". |
| | 5. In section 24(5A)(b) (order requiring payment to the clerk of a magistrates' court to cease to have effect on cancellation of registration of order), for "the clerk of a magistrates' court in England and Wales" substitute "a justices' chief executive".
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The Army Act 1955 (c.18) |
| | 6. The Army Act 1955 has effect subject to the following amendments.
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| | 7. - (1) Section 189 (delivery into military custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.
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(2) In subsection (1) (fee payable to clerk of the court), for "clerk" substitute "relevant officer".
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(3) After subsection (3) insert-
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"(3A) In subsection (1) of this section "relevant officer" means-
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(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
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(b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court." |
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| | 8. - (1) Section 199 (proof of outcome of civil trial) is amended as follows.
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(2) In subsection (2) (fee payable to clerk of the court), after "and" insert "the relevant officer of the court".
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(3) After subsection (3) insert-
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"(3A) In subsection (2) of this section "relevant officer" means-
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(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
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(b) in relation to any other court, the clerk of the court." |
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The Air Force Act 1955 (c.19) |
| | 9. The Air Force Act 1955 has effect subject to the following amendments.
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| | 10. - (1) Section 189 (delivery into air-force custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.
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(2) In subsection (1) (fee payable to clerk of the court), for "clerk" substitute "relevant officer".
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(3) After subsection (3) insert-
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"(3A) In subsection (1) of this section "relevant officer" means-
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(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
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(b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court." |
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| | 11. - (1) Section 199 (proof of outcome of civil trial) is amended as follows.
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(2) In subsection (2) (fee payable to clerk of the court), after "and" insert "the relevant officer of the court".
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(3) After subsection (3) insert-
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"(3A) In subsection (2) of this section "relevant officer" means-
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(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
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(b) in relation to any other court, the clerk of the court." |
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The Naval Discipline Act 1957 (c.53) |
| | 12. The Naval Discipline Act 1957 has effect subject to the following amendments.
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| | 13. - (1) Section 110 (delivery into naval custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.
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(2) In subsection (2) (fee payable to clerk of the court), for "clerk" substitute "relevant officer".
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(3) After subsection (2) insert-
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"(2A) In subsection (2) of this section "relevant officer" means-
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(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
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(b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court." |
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| | 14. - (1) Section 129B (proof of outcome of civil trial) is amended as follows.
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(2) In subsection (2) (fee payable to clerk of the court), after "and" insert "the relevant officer of the court".
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(3) After subsection (3) insert-
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"(3A) In subsection (2) of this section "relevant officer" means-
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(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
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(b) in relation to any other court, the clerk of the court." |
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The Maintenance Orders Act 1958 (c.39) |
| | 15. The Maintenance Orders Act 1958 has effect subject to the following amendments.
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| | 16. In section 1 (application of Part I), after subsection (3) insert-
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"(3A) In this Part of this Act references to the justices' chief executive for a court are to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts."
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| | 17. - (1) Section 2 (registration of orders) is amended as follows.
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(2) In subsection (6) (effect on magistrates' court order of registration in the High Court), for "the clerk of a magistrates' court" (in both places) substitute "a justices' chief executive".
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(3) In subsection (6ZA)(b) (effect on High Court order or county court order of registration in magistrates' court), for "the clerk of the court or the clerk of any other magistrates' court" substitute "a justices' chief executive".
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(4) In subsection (6ZC) (payments under order becoming or ceasing to be payable to clerk of a magistrates' court), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
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| | 18. In section 3(3A) (requirement of person liable under order to notify change of address to clerk of the court), for "clerk of" substitute "justices' chief executive for".
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| | 19. - (1) Section 4(5B) (application of section 60 of the Magistrates' Courts Act 1980) is amended as follows.
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(2) In paragraph (a), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for "the clerk of the court, or to the clerk of any other magistrates' court," substitute "a justices' chief executive".
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(3) In paragraph (b) (words to be regarded as replaced in subsection (5) of that section), for "clerk" substitute "justices' chief executive for the court".
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(4) In paragraph (e), in the subsection to be regarded as substituted for subsections (9) and (10) of that section, for-
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(a) "the clerk of the court or the clerk of any other magistrates' court", and |
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(b) "the clerk of the court, or to the clerk of any other magistrates' court,", |
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substitute "a justices' chief executive".
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| | 20. - (1) Section 5 (cancellation of registration) is amended as follows.
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(2) In subsection (5) (cancellation of registration of High Court or county court order), for "the clerk of a magistrates' court" (in both places) substitute "a justices' chief executive".
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(3) In subsection (6)(b) (cancellation of registration of magistrates' court order), for "clerk of" substitute "justices' chief executive for".
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| | 21. In section 20(1) (clerk of magistrates' court entitled to receive payments for transmission to another)-
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(a) for "the clerk of a magistrates' court" substitute "a justices' chief executive", and |
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(b) for "the clerk is" substitute "an executive is". |
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The Betting, Gaming and Lotteries Act 1963 (c.2) |
| | 22. - (1) Paragraph 20 of Schedule 1 to the Betting, Gaming and Lotteries Act 1963 (fees for grant or renewal of permit or licence) is amended as follows.
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(2) In sub-paragraph (1) (payment to clerk to authority), for "clerk to the authority" substitute "relevant officer".
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(3) After that sub-paragraph insert-
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"(1AA) In sub-paragraph (1) above "the relevant officer" means-
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(a) in relation to an authority in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the justices constituting the authority act; and |
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(b) in relation to an authority in Scotland, the clerk to the authority." |
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