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SCHEDULE 12
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FUNCTIONS TRANSFERRED TO JUSTICES' CHIEF EXECUTIVES |
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The London Hackney Carriages Act 1843 (c.86) |
| | 1. In section 24 of the London Hackney Carriages Act 1843 (application for summons), for "clerk of" substitute "justices' chief executive for".
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The Evidence Act 1851 (c.99) |
| | 2. In section 13 of the Evidence Act 1851 (proof of previous conviction by copy of record certified by clerk), for the words from "under the hand" to "such clerk or other officer," substitute "justices' chief executive for the court where such conviction or acquittal took place".
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The Fairs Act 1873 (c.37) |
| | 3. In section 6 of the Fairs Act 1873 (alteration of fair day on representation of justices), for "clerk to the justices acting in and for" substitute "justices' chief executive for".
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The Public Health Acts Amendment Act 1907 (c.53) |
| | 4. In section 94(7) of the Public Health Acts Amendment Act 1907 (licensing of pleasure boats), for "clerk" substitute "justices' chief executive for the court".
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The Maintenance Orders (Facilities for Enforcement) Act 1920 (c.33) |
| | 5. - (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 Children and Young Persons Act 1933 (c.12) |
| | 6. The Children and Young Persons Act 1933 has effect subject to the following amendments.
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| | 7. In section 42(2)(b) (transmission of deposition of child), for "clerk" substitute "proper officer".
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| | 8. In section 45 (constitution of youth courts), number the existing provision as subsection (1) and insert-
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"(2) The justices' chief executive appointed by a magistrates' courts committee is the justices' chief executive for every youth court for their area."
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| | 9. In-
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(a) section 46(1A) (notification of guilty plea), |
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(b) section 56(3) (remission of case to youth court), and |
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(c) section 106(2) (certification of copy of order), |
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for "clerk of" substitute "justices' chief executive for".
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The Maintenance Orders Act 1950 (c.37) |
| | 10. 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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| | 11. - (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 "proper officer".
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(4) After that subsection insert-
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"(2B) In subsection (2A) of this section "proper officer" means-
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(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; 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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| | 12. - (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". |
| | 13. 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) |
| | 14. The Army Act 1955 has effect subject to the following amendments.
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| | 15. - (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 "proper officer".
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(3) After subsection (3) insert-
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"(3A) In subsection (1) of this section "proper officer" means-
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(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and |
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(b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court." |
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| | 16. - (1) Section 199 (proof of outcome of civil trial) is amended as follows.
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(2) In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for "clerk" substitute "proper officer".
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(3) For subsection (4) substitute-
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"(4) In this section "proper officer" means-
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(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and |
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(b) in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court." |
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The Air Force Act 1955 (c.19) |
| | 17. The Air Force Act 1955 has effect subject to the following amendments.
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| | 18. - (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 "proper officer".
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(3) After subsection (3) insert-
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"(3A) In subsection (1) of this section "proper officer" means-
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(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and |
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(b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court." |
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| | 19. - (1) Section 199 (proof of outcome of civil trial) is amended as follows.
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(2) In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for "clerk" substitute "proper officer".
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(3) For subsection (4) substitute-
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"(4) In this section "proper officer" means-
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(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and |
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(b) in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court." |
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The Naval Discipline Act 1957 (c.53) |
| | 20. The Naval Discipline Act 1957 has effect subject to the following amendments.
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| | 21. - (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 "proper officer".
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(3) After subsection (2) insert-
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"(2A) In subsection (2) of this section "proper officer" means-
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(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and |
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(b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court." |
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| | 22. - (1) Section 129B (proof of outcome of civil trial) is amended as follows.
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(2) In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for "clerk" substitute "proper officer".
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(3) For subsection (4) substitute-
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"(4) In this section "proper officer" means-
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(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and |
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(b) in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court." |
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The Maintenance Orders Act 1958 (c.39) |
| | 23. The Maintenance Orders Act 1958 has effect subject to the following amendments.
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| | 24. - (1) Section 2 (registration of orders) is amended as follows.
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(2) In subsection (2)(b) (procedure on application for registration of order), for "clerk of" substitute "justices' chief executive for".
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(3) In subsection (5) (registration of orders), for "or clerk of" substitute "of, or justices' chief executive for,".
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(4) 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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(5) 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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(6) 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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| | 25. 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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| | 26. - (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 (9) 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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| | 27. - (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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| | 28. In section 18 (powers of magistrates to review committals), for "clerk of" (in each place) substitute "justices' chief executive for".
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| | 29. 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 "a justices' chief executive is". |
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The Betting, Gaming and Lotteries Act 1963 (c.2) |
| | 30. The Betting, Gaming and Lotteries Act 1963 has effect subject to the following amendments.
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| | 31. - (1) Section 10A (cancellation of betting office licence) is amended as follows.
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(2) In subsection (4) (notification of cancellation)-
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(a) for "clerk of" substitute "proper officer of", and |
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(b) for "clerk to" (in both places) substitute "proper officer of". |
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(3) After that subsection insert-
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"(5) In subsection (4)-
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"the proper officer of the authority" has the same meaning as in Schedule 1; and |
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"the proper officer of the court" means- |
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(a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and
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(b) in relation to a court of summary jurisdiction in Scotland, the clerk of the court."
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| | 32. - (1) Section 11 (cancellation of and disqualification for bookmaker's permit or betting agency permit) is amended as follows.
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(2) In subsection (5) (notification of cancellation)-
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(a) for "clerk of" substitute "proper officer of", and |
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(b) for "clerk to" (in both places) substitute "proper officer of". |
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(3) After that subsection insert-
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"(6) In subsection (5)-
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"the proper officer of the authority" has the same meaning as in Schedule 1; and |
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"the proper officer of the court" means- |
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(a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and
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(b) in relation to any other court, the clerk of the court."
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