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(2) After paragraph 6(2) insert— | |
“(2A) Where the Crown Court directed release, the appropriate court is | |
that court or a magistrates’ court.” | |
(3) In paragraph 6(3), omit “the Crown Court or” and “commission area or”. | |
(4) In paragraph 8(1)— | 5 |
(a) for “England or Wales or” substitute “England or Wales in pursuance | |
of paragraph 7 above shall be brought as soon as practicable and in | |
any event within twenty-four hours after his arrest before a justice of | |
the peace in England or Wales, and a person arrested in”; | |
(b) omit “area or”. | 10 |
Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18) | |
151 In section 7(5B) (power of magistrates’ court on confirming provisional | |
order made in reciprocating country), for “a justices’ chief executive” (in | |
both places) substitute “the designated officer for the court or for any other | |
magistrates’ court in England and Wales”. | 15 |
152 (1) Amend section 8 (enforcement of maintenance order registered in United | |
Kingdom court) as follows. | |
(2) In subsection (3A), for “justices’ chief executive” substitute “designated | |
officer”. | |
(3) In subsection (4A), in the subsection to be regarded as substituted for section | 20 |
76(5) of the 1980 Act, for “a justices’ chief executive” (in both places) | |
substitute “the designated officer for the court or for any other magistrates’ | |
court”. | |
153 In section 9(1ZA) (variation and revocation of maintenance order registered | |
in UK court)— | 25 |
(a) in paragraph (a), in the subsection (3A) to be regarded as inserted in | |
section 60 of the 1980 Act, for “a justices’ chief executive” (in both | |
places) substitute “the designated officer for the court or for any | |
other magistrates’ court”, | |
(b) in paragraph (b), in the paragraph to be regarded as substituted for | 30 |
section 60(4)(b) of the 1980 Act, for “a justices’ chief executive” | |
substitute “the designated officer for the court or for any other | |
magistrates’ court”, and | |
(c) in paragraph (c), in the words to be regarded as replaced in section | |
60(5) of the 1980 Act, for “justices’ chief executive for the court”” | 35 |
substitute “designated officer for the court””. | |
154 In section 17(4) (proceedings in magistrates’ courts)— | |
(a) for “for the same petty sessions area” substitute “in the same local | |
justice area”, and | |
(b) after “Northern Ireland,” insert “acting for the same”. | 40 |
155 (1) Amend section 18 (provision that may be made by magistrates’ courts rules) | |
as follows. | |
(2) In subsection (1)— | |
(a) for the words preceding paragraph (a) substitute “Rules of court may | |
make provision with respect to—”; | 45 |
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(b) in paragraph (a), for “for a particular petty sessions area” substitute | |
“in a particular local justice area”, and for “for such other petty | |
sessions area” substitute “in such other local justice area”. | |
(3) In subsection (1A), for “rules made under section 144 of the Magistrates’ | |
Courts Act 1980” substitute “rules of court”. | 5 |
156 In section 21(1) (interpretation of Part 1), in the definition of “prescribed”, | |
omit— | |
(a) “in England and Wales or”, | |
(b) “by rules made under section 144 of the Magistrates’ Courts Act 1980 | |
or”, and | 10 |
(c) “as the case may be,”. | |
157 In section 23(6) (maintenance orders registered in High Court under | |
Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)), for | |
“justices’ chief executive” substitute “designated officer”. | |
158 In section 26(6) (application for recovery of maintenance in convention | 15 |
country)— | |
(a) in paragraph (a), for “justices’ chief executive for the petty sessions | |
area” substitute “designated officer for the local justice area in which | |
the applicant is residing”, and | |
(b) in paragraph (b), after “district” insert “in which the applicant is | 20 |
residing”. | |
159 (1) Amend section 27B (sending application to appropriate magistrates’ court) | |
as follows. | |
(2) In subsection (1), for “justices’ chief executive for a magistrates’ court acting | |
for the petty sessions” substitute “designated officer for a magistrates’ court | 25 |
which is acting in the local justice”. | |
(3) In subsection (2), for “justices’ chief executive for” substitute “designated | |
officer for”. | |
(4) For subsection (4) substitute— | |
“(4) If the designated officer for a court to whom the application is sent | 30 |
under this section is satisfied that the respondent is residing within | |
another local justice area, he shall send the application and | |
accompanying documents to the designated officer for a magistrates’ | |
court acting in that other area and shall inform the Lord Chancellor | |
that he has done so.” | 35 |
(5) In subsection (5), for “justices’ chief executive for” substitute “designated | |
officer for”. | |
160 (1) Amend section 27C (application for recovery of maintenance in England and | |
Wales) as follows. | |
(2) In subsection (4), for “a justices’ chief executive” (in both places) substitute | 40 |
“the designated officer for the court or for any other magistrates’ court in | |
England and Wales”. | |
(3) In subsection (7), for “justices’ chief executive for” substitute “designated | |
officer for”. | |
161 In section 32(2A) (transfer of orders), for “justices’ chief executive” substitute | 45 |
“designated officer”. | |
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162 In section 34(3)(a) (application from abroad to vary registered order), for | |
“justices’ chief executive” substitute “designated officer”. | |
163 (1) Amend section 34A (variation of orders by magistrates’ courts) as follows. | |
(2) In subsection (3), for “a justices’ chief executive” (in both places) substitute | |
“the designated officer for the court or for any other magistrates’ court in | 5 |
England and Wales”. | |
(3) In subsection (4)— | |
(a) for “a justices’ chief executive” substitute “the designated officer for | |
the court or for any other magistrates’ court in England and Wales”, | |
and | 10 |
(b) omit “the clerk of”. | |
(4) In subsection (5), for “the clerk” substitute “a justices’ clerk”. | |
164 In section 47(3) (construction of references to the jurisdiction of a court), for | |
the words from “construed in relation” onwards substitute “construed— | |
(a) in relation to a magistrates’ court in England and Wales as a | 15 |
reference to the local justice area in which the court acts, and | |
(b) in relation to a magistrates’ court in Northern Ireland as a | |
reference to the petty sessions district for which the court | |
acts.” | |
Civil Evidence Act 1972 (c. 30) | 20 |
165 Omit section 2(8) (power to make rules of court under section 2 is without | |
prejudice to other such powers). | |
Criminal Justice Act 1972 (c. 71) | |
166 In section 51(4) (execution of process between England and Wales and | |
Scotland), for “by virtue of section 45(1) of the Justices of the Peace Act 1997, | 25 |
as it has” substitute “by virtue of section 28(1) of the Courts Act 2003, as it | |
has”. | |
Administration of Justice Act 1973 (c. 15) | |
167 In section 5 (consequential) omit “Paragraph 7 of”. | |
168 In Schedule 1 (justices of the peace: consequential re-enactments and | 30 |
amendments), omit paragraphs 7 to 7B and 10(1). | |
Matrimonial Causes Act 1973 (c. 18) | |
169 In section 35(3) (jurisdiction to hear application for alteration of maintenance | |
agreement), for “at least one of the parties is resident within the commission | |
area for which the court is appointed” substitute “the court acts in, or is | 35 |
authorised by the Lord Chancellor to act for, a local justice area in which at | |
least one of the parties is resident”. | |
170 (1) Amend section 38 (orders for repayment of sums paid after cessation of | |
periodical payments order by reason of remarriage) as follows. | |
(2) In subsection (6)— | 40 |
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| |
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| |
(a) for “A justices’ chief executive” substitute “The designated officer for | |
a magistrates’ court”, and | |
(b) for “the justices’ chief executive” substitute “the designated officer”. | |
(3) In subsection (7), for “a justices’ chief executive” substitute “the designated | |
officer for a magistrates’ court”. | 5 |
Breeding of Dogs Act 1973 (c. 60) | |
171 In section 3(9) (application to terminate disqualification), for “for the same | |
petty sessions” substitute “in the same local justice”. | |
Juries Act 1974 (c. 23) | |
172 In— | 10 |
(a) section 9(3) (appeal against refusal to excuse from jury service), and | |
(b) section 9A(3) (appeal against refusal to defer jury service), | |
for “Crown Court rules” substitute “Criminal Procedure Rules”. | |
173 In section 14 (views by jurors), for “Crown Court rules, and rules of court for | |
civil cases,” substitute “Criminal Procedure Rules and Civil Procedure | 15 |
Rules”. | |
174 In Schedule 1 (jury service: ineligibility, disqualification and excusal), in | |
Group B, omit “Justices’ chief executives,”. | |
Friendly Societies Act 1974 (c. 46) | |
175 For section 102 (jurisdiction of magistrates’ courts) substitute— | 20 |
“102 Jurisdiction of magistrates’ courts in Northern Ireland | |
(1) In Northern Ireland, a registered society or branch or any officer | |
thereof may be prosecuted for any summary offence under this Act | |
before a magistrates’ court acting for the county court division in | |
which the registered office of the society or branch is situated. | 25 |
(2) Subsection (1) is without prejudice to the provisions of the | |
Magistrates’ Courts (Northern Ireland) Order 1981 as to the | |
jurisdiction of a magistrates’ court.” | |
Solicitors Act 1974 (c. 47) | |
176 (1) Amend section 38 (circumstances in which solicitor who is justice of the | 30 |
peace may not act as solicitor) as follows. | |
(2) In subsection (1), for “for any area, or for any partner of his, to act in | |
connection with proceedings before any of those justices” substitute | |
“assigned to any local justice area, or for any partner of his, to act in | |
connection with proceedings before any justice of the peace acting in that | 35 |
area”. | |
(3) Omit subsections (2) and (3). | |
(4) In subsection (3A)— | |
(a) for “for any petty sessions” substitute “in any local justice”, and | |
(b) for “acting for” substitute “acting in”. | 40 |
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Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 34) | |
177 In section 7 (rules of court)— | |
(a) for the words from “The power” to “1981 or” substitute “Civil | |
Procedure Rules or rules of court under”, and | |
(b) for “shall include power to make rules of court under” substitute | 5 |
“may make provision”. | |
Salmon and Freshwater Fisheries Act 1975 (c. 51) | |
178 In paragraph 14 of Schedule 4 (offences: delivery of licences and certificates | |
of conviction), for “justices’ chief executive” substitute “designated officer”. | |
Safety of Sports Grounds Act 1975 (c. 52) | 10 |
179 In section 17(1) (interpretation), in the definition of “the court”, omit “acting | |
for the petty sessions area in which they are situated”. | |
Bail Act 1976 (c. 63) | |
180 In section 2 (definitions), omit the definitions of “Crown Court rules”, | |
“magistrates’ courts rules” and “Supreme Court rules”. | 15 |
181 In section 3AA (electronic monitoring of compliance with bail conditions), | |
in each of subsections (4)(a) and (12), for “petty sessions area” substitute | |
“local justice area”. | |
182 In section 5(10) (meaning of “prescribed” in section 5), for “Supreme Court | |
rules, Courts-Martial Appeal rules, Crown Court rules or magistrates’ | 20 |
courts rules” substitute “Civil Procedure Rules, Courts-Martial Appeal rules | |
or Criminal Procedure Rules”. | |
183 (1) Amend section 5B (reconsideration of decisions granting bail) as follows. | |
(2) In subsection (8), omit “for the petty sessions area in which he was arrested”. | |
(3) In subsection (9), for “Magistrates’ court rules” substitute “Criminal | 25 |
Procedure Rules”. | |
184 In section 6(9)(c)(i) (certification of copy of record), for “justices’ chief | |
executive” substitute “designated officer for the court”. | |
185 In section 7(4)(a) (appearance before justice following arrest for absconding | |
or breaking bail conditions), omit “for the petty sessions area in which he | 30 |
was arrested”. | |
186 (1) Amend section 8 (bail with sureties) as follows. | |
(2) In subsection (4)— | |
(a) in paragraph (a), for “magistrates’ courts rules” substitute “Criminal | |
Procedure Rules”, | 35 |
(b) in paragraph (b), for “Crown Court rules” substitute “Criminal | |
Procedure Rules”, | |
(c) in paragraph (c), for “Supreme Court rules” substitute “Civil | |
Procedure Rules or Criminal Procedure Rules”, and | |
(d) for “Supreme Court rules, Crown Court rules, Courts-Martial | 40 |
Appeal rules or magistrates’ courts rules” substitute “Civil | |
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| |
Procedure Rules, Criminal Procedure Rules or Courts-Martial | |
Appeal rules”. | |
(3) In subsection (5)(b), omit “for the petty sessions area in which he resides”. | |
Race Relations Act 1976 (c. 74) | |
187 (1) Amend Schedule 1A (bodies subject to general statutory duty) as follows. | 5 |
(2) In Part 1, omit paragraph 45. | |
(3) In Part 2, under the heading “Regulatory, audit and inspection”— | |
(a) insert in the appropriate place “Her Majesty’s Inspectorate of Court | |
Administration”, and | |
(b) omit “Her Majesty’s Magistrates’ Courts Service Inspectorate”. | 10 |
Administration of Justice Act 1977 (c. 38) | |
188 Omit section 22 (membership of rule committees). | |
Criminal Law Act 1977 (c. 45) | |
189 (1) Amend section 10 (obstruction of court officers executing process for | |
possession against unauthorised occupiers) as follows. | 15 |
(2) Before subsection (1) insert— | |
“(A1) A person is guilty of an offence if he resists or intentionally obstructs | |
any person who— | |
(a) is an enforcement officer, or is acting under the authority of | |
an enforcement officer; and | 20 |
(b) is engaged in executing a writ issued from the High Court.” | |
(3) In subsection (3), for “an officer of a court” substitute “an enforcement | |
officer, a person acting under the authority of an enforcement officer or an | |
officer of a court (as the case may be)”. | |
(4) In subsection (5), after “uniform” insert “, an enforcement officer”. | 25 |
(5) For subsection (6), substitute— | |
“(6) In this section— | |
“enforcement officer” means an individual who is authorised to | |
act as an enforcement officer under the Courts Act 2003; | |
“officer of a court” means— | 30 |
(a) any sheriff, under sheriff, deputy sheriff, bailiff or | |
officer of a sheriff; and | |
(b) any bailiff or other person who is an officer of a | |
county court within the meaning of the County | |
Courts Act 1984.” | 35 |
(6) In the section heading, for “court officers executing process for possession | |
against unauthorised occupiers” substitute “enforcement officers and court | |
officers executing High Court or county court process”. | |
190 In section 48(1) (power to make rules as to furnishing of information by | |
prosecutor in criminal proceedings), for the words from “The power” to | 40 |
“include power to” substitute “Criminal Procedure Rules may”. | |
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Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22) | |
191 In section 6(9) (restrictions on power to make order where respondent not | |
present at hearing), for “rules” substitute “rules of court”. | |
192 (1) Amend section 20ZA (variation of orders for periodical payments) as | |
follows. | 5 |
(2) In subsection (2), for “clerk to the justices for the petty sessions area for | |
which the court is acting” substitute “court”. | |
(3) In subsection (3)— | |
(a) for “the clerk” substitute “a justices’ clerk”, and | |
(b) for “to the justices’ chief executive for the court” substitute “to the | 10 |
designated officer for the court”. | |
(4) In subsection (10), for “the clerk to the justices” substitute “a justices’ clerk”. | |
193 In section 27 (refusal of order in case more suitable for High Court), for “for | |
the same petty sessions” substitute “in the same local justice”. | |
194 In section 30(1) (jurisdiction to hear application for order under Part 1 of the | 15 |
Act)— | |
(a) for “a magistrates’ courts committee” substitute “the Lord | |
Chancellor”, and | |
(b) for the words from “at the” onwards substitute “it acts in, or is | |
authorised by the Lord Chancellor to act for, a local justice area in | 20 |
which either the applicant or the respondent ordinarily resides at the | |
date of the making of the application”. | |
195 (1) Amend section 32 (enforcement of orders for payment of money) as follows. | |
(2) In subsection (2), for “a justices’ chief executive” substitute “the designated | |
officer for a magistrates’ court”. | 25 |
(3) In subsection (6), for “rules” substitute “rules of court”. | |
196 (1) Amend section 35 (orders for repayment of sums paid after cessation of | |
order by reason of marriage) as follows. | |
(2) In subsection (7)— | |
(a) for “A justices’ chief executive” substitute “The designated officer for | 30 |
a magistrates’ court”, and | |
(b) for “the justices’ chief executive” substitute “the designated officer”. | |
(3) In subsection (8), for “, the officer designated by the Lord Chancellor or the | |
justices’ chief executive” substitute “or the officer designated by the Lord | |
Chancellor”. | 35 |
197 (1) Amend section 88 (interpretation) as follows. | |
(2) In subsection (1), omit the definition of “rules”. | |
(3) In subsection (4), for “for the same petty sessions” substitute “in the same | |
local justice”. | |
Judicature (Northern Ireland) Act 1978 (c. 23) | 40 |
198 (1) Amend Schedule 1 (appeals to House of Lords in certain criminal matters) | |
as follows. | |
(2) In paragraph 1(2), omit “Except in a case involving sentence of death,”. | |
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