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| | 72. - (1) Section 9(1ZA) (application of section 60 of the Magistrates' Courts Act 1980) is amended as follows.
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(2) In paragraph (a), in the subsection (3A) to be regarded as inserted in 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 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".
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(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".
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| | 73. - (1) Section 23 (maintenance orders registered in High Court under Maintenance Orders (Facilities for Enforcement) Act 1920) is amended as follows.
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(2) In subsections (2), (3) and (4) (procedure), for "clerk" substitute "appropriate officer".
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(3) After subsection (5) insert-
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"(6) In this section "appropriate officer" 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 magistrates' court in Northern Ireland, the clerk of the court." |
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| | 74. In section 26 (application for recovery of maintenance in convention country), for subsections (6) and (7) substitute-
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"(6) The appropriate officer for the purposes of this section is-
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(a) where the applicant is residing in England and Wales, the justices' chief executive for the petty sessions area; |
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(b) where the applicant is residing in Northern Ireland, the clerk of the court for the petty sessions district; and |
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(c) where the applicant is residing in Scotland, the sheriff clerk or sheriff clerk depute of the sheriff court within the jurisdiction of which the applicant is residing." |
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| | 75. In section 27B (sending application to the appropriate magistrates' court), for "clerk of" (in each place) substitute "justices' chief executive for".
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| | 76. - (1) Section 27C (application for recovery of maintenance in England and Wales) is amended as follows.
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(2) In subsection (4) (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 (7) (registration of order), for "clerk of" substitute "justices' chief executive for".
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| | 77. - (1) Section 32 (transfer of orders) is amended as follows.
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(2) In subsection (2) (transmission of copy of order)-
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(a) for "the clerk" (in both places) substitute "the appropriate officer", and |
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(b) for "that clerk" substitute "the appropriate officer". |
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(3) After that subsection insert-
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"(2A) In subsection (2) above, the "appropriate officer" means-
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(a) in relation to a court in England and Wales, the justices' chief executive for the court; and |
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(b) in relation to a court in Northern Ireland, the clerk of the court." |
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| | 78. In section 34(3) (application from abroad to vary a registered order), for "the clerk of that court" substitute "-
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(a) the justices' chief executive for the court, if the court is in England and Wales; or |
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(b) the clerk of the court, if the court is in Northern Ireland." |
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| | 79. - (1) Section 34A (variation of orders by magistrates' courts) is amended as follows.
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(2) In subsection (3) (powers of magistrates' courts), 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 (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".
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The Matrimonial Causes Act 1973 (c.18) |
| | 80. - (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.
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(2) In subsection (6) (protection for clerk)-
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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" substitute "the justices' chief executive". |
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(3) In subsection (7) (definition of "collecting officer"), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
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The Powers of Criminal Courts Act 1973 (c.62) |
| | 81. The Powers of Criminal Courts Act 1973 has effect subject to the following amendments.
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| | 82. In section 1B(5)(b) (memorandum of conviction in magistrates' court), for "clerk of the court" substitute "justices' chief executive".
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| | 83. In section 26(5) and (7) (suspended sentence supervision orders), for "clerk to the justices" substitute "justices' chief executive".
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The Salmon and Freshwater Fisheries Act 1975 (c.51) |
| | 84. - (1) Schedule 4 to the Salmon and Freshwater Fisheries Act 1975 (procedure relating to offences) is amended as follows.
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(2) In paragraphs 10 and 12 (delivery of licence and certificate of conviction), for "clerk" substitute "proper officer".
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(3) After paragraph 13 insert-
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" 14. In paragraphs 10 and 12 above, "proper officer" means-
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(a) in relation to a magistrates' court, the justices' chief executive for the court; and |
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(b) in relation to the Crown Court, the appropriate officer." |
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The Lotteries and Amusements Act 1976 (c.32) |
| | 85. - (1) Schedule 3 to the Lotteries and Amusements Act 1976 (permits for commercial provision of amusements with prizes) is amended as follows.
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(2) In paragraph 1(2) (interpretation), at the end insert "and
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"the proper officer of the appropriate authority" means- |
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(a) where the appropriate authority is the licensing justices for a licensing district in England and Wales, the chief executive to the justices; and
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(b) in any other case, the clerk to the authority."
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(3) In paragraph 8(2) and (3) (appeals) for "clerk to" substitute "proper officer of".
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(4) In paragraph 18 (fees), for "clerk" substitute "proper officer".
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The Adoption Act 1976 (c.36) |
| | 86. In section 58A(3) of the Adoption Act 1976 (duty of clerk of a magistrates' court to send to Secretary of State particulars about proceedings relating to children), for "clerk of" substitute "justices' chief executive for".
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The Bail Act 1976 (c.63) |
| | 87. In section 6(9)(c)(i) of the Bail Act 1976 (certification of copy of court record by justices' clerk), for the words from "clerk" to the end substitute "chief executive".
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The Domestic Proceedings and Magistrates' Courts Act 1978 (c.22) |
| | 88. The Domestic Proceedings and Magistrates' Courts Act 1978 has effect subject to the following amendments.
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| | 89. 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 for the court".
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| | 90. In section 32(2) (enforcement of orders for payment of money), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
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| | 91. - (1) Section 35 (orders for repayment of sums paid after cessation of order by reason of marriage) is amended as follows.
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(2) In subsection (7) (protection for clerk)-
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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" substitute "the justices' chief executive". |
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(3) In subsection (8) (definition of "collecting officer"), for "clerk of a magistrates' court" substitute "justices' chief executive".
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The Licensed Premises (Exclusion of Certain Persons) Act 1980 (c.32) |
| | 92. - (1) Section 4 of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (supplemental) is amended as follows.
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(2) In subsection (3) (copy of exclusion order to be sent to licensee of relevant premises), for the words from "clerk" to "may be," substitute "proper officer of the court".
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(3) After that subsection insert-
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"(4) For the purposes of subsection (3) above-
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(a) the proper officer of a magistrates' court in England and Wales is the justices' chief executive for the court; |
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(b) the proper officer of the Crown Court is the appropriate officer; and |
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(c) the proper officer of a court in Scotland is the clerk of the court." |
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The Magistrates' Courts Act 1980 (c.43) |
| | 93. The Magistrates' Courts Act 1980 has effect subject to the following amendments.
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| | 94. In section 6(5) (clerk to display details of cases committed for trial), for "clerk of" substitute "justices' chief executive for".
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| | 95. In section 12 (non-appearance of accused: plea of guilty), in subsections (1)(b), (4) (in both places) and (6) (in both places), for "clerk of" substitute "justices' chief executive for".
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| | 96. - (1) Section 14 (avoidance of certain proceedings) is amended as follows.
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(2) In subsection (1)(b) (service of declaration), for "clerk to the justices" substitute "justices' chief executive for the court".
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(3) In subsection (2) (deemed service), for "clerk to the justices" substitute "justices' chief executive".
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| | 97. - (1) Section 59 (orders for periodical payment: means of payment) is amended as follows.
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(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".
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(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".
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