Access to Justice Bill [H.L.]

Access to Justice Bill [H.L.] - continued	House of Commons
SCHEDULE 10, FUNCTIONS TRANSFERRED TO JUSTICES' CHIEF EXECUTIVES - continued

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The Gaming Act 1968 (c.65)

23. The Gaming Act 1968 has effect subject to the following amendments.

24. - (1) Paragraph 63 of Schedule 2 (fees for grant, renewal or transfer of licences) is amended as follows.

(2) In sub-paragraph (1) (payment to clerk to licensing authority), for "clerk to the licensing authority" substitute "relevant officer".

(3) After that sub-paragraph insert-

	"(1A) In sub-paragraph (1) above "the relevant officer" means-
	(a) in relation to a licensing 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
	(b) in relation to a licensing authority in Scotland, the clerk to the authority."

25. In paragraph 23 of Schedule 3 (fees for registration and renewal of registration of club or institute under Part II), for the words "by the applicant" onwards substitute "of the fee chargeable in accordance with section 48 of this Act by the applicant to 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."

26. In paragraph 24 of Schedule 7 (fees for registration and renewal of registration of club or institute under Part III), for the words "by the applicant" onwards substitute "of the fee chargeable in accordance with section 48 of this Act by the applicant to 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."

27. In paragraph 21 of Schedule 9 (fees for grant or renewal of permits), for the words "by the applicant" onwards substitute "of the fee chargeable in accordance with section 48 of this Act by the applicant-

	(a) where the appropriate authority is the licensing justices, to 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; or
	(b) in any other case, to the appropriate authority or their clerk."

The Attachment of Earnings Act 1971 (c.32)

28. The Attachment of Earnings Act 1971 has effect subject to the following amendments.

29. In section 3(1)(c) (persons who may apply for an attachment of earnings order), for "the clerk of a magistrates' court, the clerk of that court" substitute "a justices' chief executive, that justices' chief executive".

30. In section 6(7)(c) (clerk to be collecting officer in case of order made by a magistrates' court), for "clerk either of that court or of" substitute "justices' chief executive for that court or for".

31. In section 17(3)(d) (power to require court officer to deal with payments under consolidated attachment order as directed by court or rules), for "clerk or registrar" substitute "officer".

32. - (1) Section 18 (certain action not to be taken by collecting officer except on request) is amended as follows.

(2) In subsection (1) (clerk of magistrates' court not to make certain applications unless requested by person entitled to receive payments), for "The clerk of a magistrates' court" substitute "A justices' chief executive".

(3) In subsections (2) and (3) (effect of request), for "the clerk" substitute "a justices' chief executive".

33. In section 21(2)(a)(ii) (costs due to clerk of magistrates' court), for "clerk of" substitute "justices' chief executive for".

34. In section 25 (interpretation), after subsection (1) insert-

	"(1A) In relation to a magistrates' court-
	(a) references to a single justice are to a justice of the peace acting for the same petty sessions area as the court; and
	(b) references to the justices' chief executive for the 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."

The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18)

35. The Maintenance Orders (Reciprocal Enforcement) Act 1972 has effect subject to the following amendments.

36. In section 7(5B) (powers of magistrates' court on confirming provisional order made in reciprocating country), for-

(a) "the clerk of the court or the clerk of any other magistrates' court in England and Wales", and

(b) "the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,",

substitute "a justices' chief executive".

37. - (1) Section 8 (enforcement of maintenance order registered in United Kingdom court) is amended as follows.

(2) In subsection (3) (requirement of person liable under order to notify change of address to clerk of the court), for "clerk" substitute "relevant officer".

(3) After that subsection insert-

	"(3A) In subsection (3) above "relevant officer" means-
	(a) in relation to a magistrates' court 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
	(b) in relation to a court elsewhere, the clerk of the court."

(4) In subsection (4A) (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-

(a) "the clerk of the court or the clerk of any other magistrates' court", and

(b) "the clerk of the court, or to the clerk of any other magistrates' court,",

substitute "a justices' chief executive".

38. - (1) Section 9(1ZA) (application of section 60 of the Magistrates' Courts Act 1980) is amended as follows.

(2) In paragraph (a), in the subsection (3A) to be regarded as inserted in that section, for

(a) "the clerk of the court or the clerk of any other magistrates' court,", and

(b) "the clerk of the court, or to the clerk of any other magistrates' court,",

substitute "a justices' chief executive".

(3) 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".

(4) In paragraph (c) (words to be regarded as replaced in subsection (5) of that section), for "clerk" substitute "justices' chief executive for the court".

39. In section 27C(4) (powers of court when making an order on an application for recovery of maintenance in England and Wales), for-

(a) "the clerk of the court or the clerk of any other magistrates' court in England and Wales,", and

(b) "the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,",

substitute "a justices' chief executive".

40. - (1) Section 34A (variation of orders by magistrates' courts) is amended as follows.

(2) In subsection (3) (powers of magistrates' courts), for-

(a) "the clerk of the court or the clerk of any other magistrates' court in England and Wales", and

(b) "the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,",

substitute "a justices' chief executive".

(3) In subsection (4)(b) (application for variation), for "the clerk of the court, or to the clerk of any other magistrates' court in England and Wales," substitute "a justices' chief executive".

The Matrimonial Causes Act 1973 (c.18)

41. - (1) Section 38 of the Matrimonial Causes Act 1973 (orders for repayment of sums paid after cessation of order by reason of marriage) is amended as follows.

(2) In subsection (6) (protection for clerk)-

(a) for "The clerk of a magistrates' court" substitute "A justices' chief executive", and

(b) for "the clerk" substitute "the justices' chief executive".

(3) In subsection (7) (definition of "collecting officer"), for "the clerk of a magistrates' court" substitute "a justices' chief executive".

The Domestic Proceedings and Magistrates' Courts Act 1978 (c.22)

42. The Domestic Proceedings and Magistrates' Courts Act 1978 has effect subject to the following amendments.

43. In section 20ZA(3) (variation of orders for periodical payments to provide that payments shall be made to the court clerk), for "to the clerk" substitute "to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts".

44. In section 32(2) (enforcement of orders for payment of money), for "the clerk of a magistrates' court" substitute "a justices' chief executive".

45. - (1) Section 35 (orders for repayment of sums paid after cessation of order by reason of marriage) is amended as follows.

(2) In subsection (7) (protection for clerk)-

(a) for "The clerk of a magistrates' court" substitute "A justices' chief executive", and

(b) for "the clerk" substitute "the justices' chief executive".

(3) In subsection (8) (definition of "collecting officer"), for "clerk of a magistrates' court" substitute "justices' chief executive".

The Magistrates' Courts Act 1980 (c.43)

46. The Magistrates' Courts Act 1980 has effect subject to the following amendments.

47. - (1) Section 59 (orders for periodical payment: means of payment) is amended as follows.

(2) In subsection (3)(b) (power of the court to order payment to clerk), for "the clerk of the court or to the clerk of any other magistrates' court" substitute "a justices' chief executive"

(3) In subsection (8) (power to specify method of payment to a clerk), for "the clerk of a magistrates' court" substitute "a justices' chief executive".

48. - (1) Section 59A (orders for periodical payments: proceedings by clerk) is amended as follows.

(2) In subsection (1) (proceedings by clerk where payment not made)-

(a) for "the clerk of a magistrates' court" substitute "a justices' chief executive",

(b) for "the clerk of the relevant court" substitute "the relevant justices' chief executive", and

(3) In subsection (2) (authority to clerk to act under subsection (3))-

(a) for "the clerk of a magistrates' court" substitute "a justices' chief executive", and

(b) for "the clerk of the relevant court for the clerk" substitute "the relevant justices' chief executive for him".

(4) In subsection (3) (proceedings by clerk), for "the clerk of the relevant court, the clerk" substitute "the relevant justices' chief executive, he".

(5) In subsection (4) (cessation of authority)-

(a) for "the clerk of a relevant court" substitute "a justices' chief executive",

(b) for "clerk cancelling" substitute "justices' chief executive cancelling", and

(6) In subsection (7) (interpretation), for the definition of "the relevant court" substitute-

	""the relevant justices' chief executive", in relation to an order, means-
	(a) in a case where payments under the order are required to be made to or through a justices' chief executive, that justices' chief executive; and
	(b) in a case where such payments are required to be made by any method of payment falling within section 59(6) above and the order was made by a magistrates' court, the justices' chief executive for that magistrates' court; and
	(c) in a case where such payments are required to be made by any method of payment falling within section 59(6) above and the order was not made by a magistrates' court, the justices' chief executive for the magistrates' court in which the order is registered;".

(7) In the sidenote, for "clerk" substitute "justices' chief executive".

49. In section 60(5) (variation of order to provide that payments be made to magistrates' clerk), for "to the clerk", substitute "to the justices' chief executive for the court".

Prepared 18 March 1999