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and for “and justices’ chief executives” substitute “and designated officers | |
for magistrates’ courts”. | |
(3) In subsection (2), omit “the President of the Family Division of the High | |
Court, the Senior District Judge (Chief Magistrate)”. | |
(4) In subsection (3), before paragraph (a) insert— | 5 |
“(za) one District Judge (Magistrates’ Courts);”. | |
(5) Omit subsection (5). | |
245 (1) Amend section 145 (rules: supplementary provisions) as follows. | |
(2) In subsection (1), omit paragraphs (aa), (f) and (i). | |
(3) Omit subsection (4). | 10 |
246 Omit section 147 (occasional court-house). | |
247 In section 148(2) (power of magistrates’ courts to act where another may act), | |
for “for the same petty sessions” substitute “in the same local justice”. | |
248 Omit section 149 (Isles of Scilly). | |
249 (1) Amend section 150(1) (interpretation) as follows. | 15 |
(2) Omit the definitions of “petty-sessional court-house”, “the register” and “the | |
rules”. | |
(3) In the definition of “prescribed”, for “the rules” substitute “rules of court”. | |
250 In section 152, for “the rules” substitute “rules of court”. | |
251 Omit section 153 (magistrates’ courts may sit on Sundays and public | 20 |
holidays). | |
252 In section 155(4) (extent of section 126 of 1980 Act), for “sections” substitute | |
“section”. | |
253 Omit Schedule 6 (fees). | |
Criminal Appeal (Northern Ireland) Act 1980 (c. 47) | 25 |
254 Omit— | |
(a) section 48 (appeal in capital cases), and | |
(b) Schedule 3 (procedural and other modifications for capital cases). | |
Highways Act 1980 (c. 66) | |
255 (1) Amend section 47 (power of magistrates’ court to declare that an | 30 |
unnecessary highway is not maintainable at public expense) as follows. | |
(2) In subsection (5), for “acting for the petty sessions for” substitute “assigned | |
to the local justice area in”. | |
(3) In subsection (6), for “chief executive to” substitute “designated officer for”. | |
256 (1) Amend section 116 (power of magistrates’ court to authorise stopping up or | 35 |
diversion of highway) as follows. | |
(2) In subsection (8)(b), for “for the same petty sessions” substitute “in the same | |
local justice”. | |
(3) In subsection (9), for “the clerk of the court” substitute “a justices’ clerk”. | |
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Zoo Licensing Act 1981 (c. 37) | |
257 In section 18(1) (appeals to magistrates’ courts), omit “acting for the petty | |
sessions area in which the zoo is situated”. | |
Supreme Court Act 1981 (c. 54) | |
258 (1) Amend section 8 (the Crown Court) as follows. | 5 |
(2) For subsection (2), substitute— | |
“(2) A justice of the peace is not disqualified from acting as a judge of the | |
Crown Court merely because the proceedings are not at a place | |
within the local justice area to which he is assigned or because the | |
proceedings are not related to that area in any other way.” | 10 |
(3) In subsection (3), for “or any Circuit judge or Recorder” substitute “, Circuit | |
judge, Recorder or District Judge (Magistrates’ Courts)”. | |
259 In section 9(6A) (Circuit judge and Recorder not to exercise powers of single | |
judge), after “31” insert “, 31B, 31C”. | |
260 In section 75(1) (allocation of cases to different sorts of judges), for “and to a | 15 |
Circuit judge or Recorder” substitute “, Circuit judge, Recorder or District | |
Judge (Magistrates’ Courts)”. | |
261 In— | |
(a) section 125 (copies of wills and grants), | |
(b) section 126(1) (depositaries for wills of living persons), and | 20 |
(c) section 134(2) (right to inspect power of attorney on payment of the | |
prescribed fee), | |
for “the prescribed fee” substitute “the fee prescribed by an order under | |
section 92 of the Courts Act 2003 (fees)”. | |
262 Omit section 130 (fees to be taken in Supreme Court). | 25 |
263 Omit sections 138, 138A and 138B (effect of writs of execution against | |
goods). | |
264 In section 151(1) (interpretation), in the definition of “prescribed”, omit | |
paragraph (b) and “and” before it. | |
Betting and Gaming Duties Act 1981 (c. 63) | 30 |
265 In paragraph 15(4A) of Schedule 1 (betting duties: notification of forfeiture | |
and cancellation of betting office licence), in paragraph (a) of the definition | |
of “proper officer of the court”, for “justices’ chief executive” substitute | |
“designated officer”. | |
266 In paragraph 15(3)(a) of Schedule 4 (gaming machine licence duty: registers | 35 |
of permits), for “for a petty sessions area, the chief executive to the justices” | |
substitute “in a local justice area, the designated officer for the committee”. | |
Civil Jurisdiction and Judgments Act 1982 (c. 27) | |
267 (1) Amend section 5 (recognition and enforcement of maintenance orders) as | |
follows. | 40 |
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(2) In subsection (5B), in the subsection to be regarded as substituted for section | |
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”. | |
(3) In subsection (8), for “justices’ chief executive” substitute “designated | 5 |
officer”. | |
268 In section 15(3) (interpretation), for “for the same petty sessions area (or, in | |
Northern Ireland,” substitute “in the same local justice area (or, in Northern | |
Ireland, for the same”. | |
Administration of Justice Act 1982 (c. 53) | 10 |
269 In section 23(6)(a) (fees for deposit of wills), for “section 130 of the Supreme | |
Court Act 1981” substitute “section 92 of the Courts Act 2003”. | |
County Courts Act 1984 (c. 28) | |
270 In— | |
(a) section 66(4) (fees payable in respect of trial with jury proceedings in | 15 |
a county court), | |
(b) section 80(2) (judge’s note on appeal—fee etc.), and | |
(c) section 95(4) (fees payable in respect of duties of brokers and | |
appraisers), | |
for “the fees orders” substitute “an order under section 92 of the Courts Act | 20 |
2003 (fees)”. | |
271 Omit— | |
(a) section 73 (register of judgments and orders), and | |
(b) section 73A (provision for register to be kept by body under contract | |
to Lord Chancellor). | 25 |
272 In section 98(1) (protection of district judge of county court selling goods | |
under execution without notice of claim by third party), for the words from | |
“(b) no person” to “execution debtor” substitute— | |
“(b) no person shall be entitled to recover against the district | |
judge or other officer, or anyone lawfully acting under his | 30 |
authority— | |
(i) for any sale of the goods, or | |
(ii) for paying over the proceeds prior to the receipt of a | |
claim to the goods, | |
unless it is proved that the person from whom recovery is | 35 |
sought had notice, or might by making reasonable inquiry | |
have ascertained, that the goods were not the property of the | |
execution debtor.” | |
273 (1) Amend section 99 (effect of warrants of execution) as follows. | |
(2) In subsection (2)(b)— | 40 |
(a) after “to” insert “an enforcement officer or other officer charged with | |
the execution of the writ”, and | |
(b) for “the sheriff” substitute “that person”. | |
(3) In subsection (4)— | |
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(a) before paragraph (a) insert— | |
“(za) “enforcement officer” means an individual who is | |
authorised to act as an enforcement officer under the | |
Courts Act 2003;”, and | |
(b) omit paragraph (b). | 5 |
274 For section 104 (information as to writs and warrants of execution), | |
substitute— | |
“104 Information as to writs and warrants of execution | |
(1) Where a writ against the goods of any person issued from the High | |
Court is delivered to an enforcement officer who is under a duty to | 10 |
execute the writ or to a sheriff, then on demand from the district | |
judge of a county court that person shall— | |
(a) in the case of an enforcement officer, by writing signed by | |
that officer or a person acting under his authority, and | |
(b) in the case of a sheriff, by writing signed by any clerk in the | 15 |
office of the under-sheriff, | |
inform the district judge of the precise time the writ was delivered to | |
him. | |
(2) A bailiff of a county court shall on demand show his warrant to any | |
enforcement officer, any person acting under the authority of an | 20 |
enforcement officer and any sheriff’s officer. | |
(3) Any writing purporting to be signed as mentioned in subsection (1) | |
and the endorsement on any warrant issued from a county court | |
shall respectively be sufficient justification to any district judge, or | |
enforcement officer or sheriff, acting on it. | 25 |
(4) In this section “enforcement officer” means an individual who is | |
authorised to act as an enforcement officer under the Courts Act | |
2003.” | |
275 Omit section 128 (fees). | |
276 In section 147(1) (interpretation), omit the definition of “fees orders”. | 30 |
Matrimonial and Family Proceedings Act 1984 (c. 42) | |
277 Omit— | |
(a) section 40 (family proceedings rules), and | |
(b) section 41 (fees in family proceedings). | |
Building Act 1984 (c. 55) | 35 |
278 In section 40(1) (appeal against section 36 notice), omit “acting for the petty | |
sessions area in which is situated land on which there has been carried out | |
any work to which the notice relates”. | |
279 In section 55(1) (appeals), omit “acting for the petty sessions area in which is | |
situated land on which there will be, or there has been, carried out any work | 40 |
to which the notice or certificate relates”. | |
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Police and Criminal Evidence Act 1984 (c. 60) | |
280 (1) Amend section 16 (execution of warrants) as follows. | |
(2) In subsection (10)(i), for “chief executive to the justices for the petty sessions | |
area for which he acts” substitute “designated officer for the local justice area | |
in which the justice was acting when he issued the warrant”. | 5 |
(3) In subsection (11), for “chief executive to the justices” substitute “designated | |
officer for the local justice area”. | |
281 (1) Amend section 46 (detention after charge) as follows. | |
(2) In subsection (2), for “for the petty sessions” substitute “in the local justice”. | |
(3) In subsection (3)— | 10 |
(a) for “for that area” substitute “in that area”, | |
(b) for “justices’ chief executive” substitute “designated officer”. | |
(4) In subsection (4)— | |
(a) for “for a petty sessions” substitute “in a local justice”, and | |
(b) for “for that area” substitute “in that area”. | 15 |
(5) In subsection (5)— | |
(a) for “for that area” substitute “in that area”, and | |
(b) for “justices’ chief executive” substitute “designated officer”. | |
(6) In subsection (6)— | |
(a) for “the justices’ chief executive for a petty sessions” substitute “the | 20 |
designated officer for a local justice”, and | |
(b) for “the justices’ chief executive” substitute “the designated officer”. | |
(7) In subsection (7)— | |
(a) for “for the petty sessions” substitute “in the local justice”, and | |
(b) for “for any other petty sessions” substitute “in any other local | 25 |
justice”. | |
(8) In subsection (8), for “justices’ chief executive” substitute “designated | |
officer”. | |
282 In section 47(3A)(b) (date of first court appearance in bail cases), for | |
“justices’ chief executive for the relevant petty sessions” substitute | 30 |
“designated officer for the relevant local justice”. | |
283 In section 47A (early administrative hearings conducted by justices’ clerks), | |
for “the clerk to the justices for a petty sessions area” substitute “a justices’ | |
clerk”. | |
284 In section 73(3)(a) (proof of convictions and acquittals), for “justices’ chief | 35 |
executive” substitute “designated officer”. | |
285 In section 81(1) and (2) (advance notice of expert evidence in Crown Court), | |
for “Crown Court Rules” substitute “Criminal Procedure Rules”. | |
Prosecution of Offences Act 1985 (c. 23) | |
286 In section 7(4) (sending to Director of Public Prosecutions of details of cases | 40 |
which do not proceed)— | |
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(a) for “every justices’ chief executive” substitute “the designated officer | |
for every magistrates’ court”, and | |
(b) for “a magistrates’ court for which he is the justices’ chief executive” | |
substitute “the magistrates’ court”. | |
287 (1) Amend section 20 (regulations) as follows. | 5 |
(2) Omit subsection (5). | |
(3) In subsection (6), for “and supplemental” substitute “, supplemental and | |
transitional”. | |
(4) In subsection (7), after “19(1)” insert “, 19A or 19B”. | |
(5) In subsection (8)(a)(ii), for “a party to the proceedings” substitute “any | 10 |
person”. | |
288 In section 21 (interpretation of Part 2), in subsection (4A)(b), for “, 19 and | |
19A” substitute “to 19B”. | |
289 (1) Amend section 23 (discontinuance of proceedings in magistrates’ courts) as | |
follows. | 15 |
(2) In subsections (3), (7) and (8), for “justices’ chief executive for” substitute | |
“designated officer for”. | |
(3) In subsection (10), for “rules made under section 144 of the Magistrates’ | |
Courts Act 1980” substitute “Criminal Procedure Rules”. | |
Local Government Act 1985 (c. 51) | 20 |
290 Omit section 99 (disqualification of justices). | |
291 In Schedule 13 (residuary bodies), omit paragraph 13(i). | |
Transport Act 1985 (c. 67) | |
292 (1) Amend section 17 (London taxi and taxi driver licensing: appeals) as | |
follows. | 25 |
(2) In subsections (2)(b) and (5), for “the appropriate” substitute “a | |
magistrates’”. | |
(3) In subsection (10), omit the definition of “the appropriate court”. | |
Insolvency Act 1986 (c. 45) | |
293 In section 124(1) (application for winding up), for “a justices’ chief | 30 |
executive” substitute “the designated officer for a magistrates’ court”. | |
294 (1) Amend section 183 (effect of execution or attachment) as follows. | |
(2) In subsection (2)(b), for “sheriff” substitute “enforcement officer or other | |
officer charged with the execution of the writ”. | |
(3) In subsection (4), for the words from ““the sheriff”” onwards substitute | 35 |
““enforcement officer” means an individual who is authorised to act as an | |
enforcement officer under the Courts Act 2003”. | |
295 (1) Amend section 184 (duties of sheriff) as follows. | |
(2) In subsection (1), for “sheriff” substitute “enforcement officer, or other | |
officer, charged with execution of the writ or other process,”. | 40 |
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(3) In subsections (2), (3) and (4), for “sheriff”, in each place where it occurs, | |
substitute “enforcement officer or other officer”. | |
(4) In subsection (6), for the words from ““the sheriff”” onwards substitute | |
““enforcement officer” means an individual who is authorised to act as an | |
enforcement officer under the Courts Act 2003.” | 5 |
(5) In the section heading, for “sheriff” substitute “officers charged with | |
execution of writs and other processes”. | |
296 (1) Amend section 346 (enforcement procedures) as follows. | |
(2) In subsections (2), (3)(b), (4) and (8)(b), for “sheriff”, in each place where it | |
occurs, substitute “enforcement officer”. | 10 |
(3) In subsection (7), for “a sheriff” substitute “an enforcement officer”. | |
(4) After subsection (8), insert— | |
“(9) In this section “enforcement officer” means an individual who is | |
authorised to act as an enforcement officer under the Courts Act | |
2003.” | 15 |
297 (1) Amend section 347 (distress) as follows. | |
(2) In subsection (6), for “sheriff” substitute “enforcement officer,”. | |
(3) In subsection (7)— | |
(a) for “a sheriff” substitute “an enforcement officer”, and | |
(b) for “the sheriff” substitute “the enforcement officer”. | 20 |
(4) After subsection (10), insert— | |
“(11) In this section “enforcement officer” means an individual who is | |
authorised to act as an enforcement officer under the Courts Act | |
2003.” | |
298 In paragraph 12(1)(d) of Schedule B1 (application for administration order), | 25 |
for “justices’ chief executive” substitute “designated officer”. | |
Company Directors Disqualification Act 1986 (c. 46) | |
299 In— | |
(a) section 2(2)(c) (court which may make disqualification order on | |
conviction of indictable offence), | 30 |
(b) section 5(2) (disqualification on summary conviction), | |
for “for the same petty sessions” substitute “in the same local justice”. | |
Fire Safety and Safety of Places of Sport Act 1987 (c. 27) | |
300 In section 41 (interpretation), in the definition of “the court”, omit “acting for | |
the petty sessions area in which it is situated”. | 35 |
Coroners Act 1988 (c. 13) | |
301 In— | |
(a) sections 16(1)(a) (adjournment of inquest in event of criminal | |
proceedings), and | |
(b) section 17(1) (supplementary provisions), | 40 |
for “justices’ chief executive for” substitute “designated officer for”. | |
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