Courts Bill [HL]

House of Commons

Session 2002 - 03
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Courts Bill [HL]

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments
    125

Criminal Justice Act 1988 (c. 33)
  302     (1)      Amend section 41 (power of Crown Court to deal with summary offence
where person committed for either way offence) as follows.
          (2)      For subsection (8), substitute—
              “(8)                If he does not plead guilty, the Crown Court may try him for the
5
offence, but may deal with him only in a manner in which a
magistrates’ court could have dealt with him.”
          (3)      Omit subsection (9).
          (4)      In subsections (10) and (11)(a), for “justices’ chief executive for” substitute
“designated officer for”.
10
  303      In section 67(1) (notification of fine imposed by coroner), for “justices’ chief
executive for” substitute “designated officer for”.
Local Government Finance Act 1988 (c. 41)
  304      In—
              (a)             section 74(1)(c) (levies), and
15
              (b)             section 117(5)(c) (rates and precepts: abolition),
           for “, combined fire authority, or magistrates’ courts committee” substitute
“or combined fire authority”.
Road Traffic Act 1988 (c. 52)
  305      In section 90(1)(a) (application to court for review of conduct of test), omit
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“acting for the petty sessions area in which he resides”.
  306      In section 100(1) (appeals relating to licences), omit “acting for the petty
sessions area in which he resides”.
  307      In section 119(1) (appeal to sheriff)—
              (a)             omit “acting for the petty sessions area in which the holder of or
25
applicant for the licence resides”, and
              (b)             for “he” substitute “the holder of or applicant for the licence”.
  308      In section 133(1)(a) (review of examinations by magistrates’ court), for “the
magistrates’ court acting for the petty sessions area in which he resides”
substitute “a magistrates’ court”.
30
Road Traffic Offenders Act 1988 (c. 53)
  309      In section 7(2) (duty to produce licence), for “justices’ chief executive”
substitute “designated officer”.
  310      In sections 8(a) and 25(2)(a) (notification of date of birth and sex), for “a
justices’ chief executive” substitute “the designated officer for a magistrates’
35
court”.
  311      In section 26 (interim disqualification)—
              (a)             renumber the subsection inserted by paragraph 143(3) of Schedule 13
to the Access to Justice Act 1999 (c. 22) as subsection (7A), and

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments
    126

              (b)             in that subsection, for “justices’ chief executive” substitute
“designated officer”.
  312      In section 27(5) (production of licence), for “justices’ chief executive”
substitute “designated officer”.
  313      In section 52(3)(c) (fixed penalty notice), for “justices’ chief executive”
5
substitute “designated officer for a magistrates’ court”.
  314     (1)      Amend section 69 (payment of fixed penalty) as follows.
          (2)      In subsection (1), for “justices’ chief executive” substitute “designated officer
for a magistrates’ court”.
          (3)      In subsection (4), for “justices’ chief executive or” substitute “designated
10
officer or”.
  315      In section 70(4)(a) (registration certificate), for “justices’ chief executive for
the petty sessions” substitute “designated officer for the local justice”.
  316     (1)      Amend section 71 (registration of sums payable in default) as follows.
          (2)      In subsection (1)—
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              (a)             for “a justices’ chief executive” substitute “the designated officer for
a local justice area”,
              (b)             for “petty sessions area for which he is the justices’ chief executive”
substitute “local justice area for which he is the designated officer”,
              (c)             for “acting for” substitute “acting in”,
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              (d)             for “other petty sessions” substitute “other local justice”, and
              (e)             for “justices’ chief executive for” substitute “designated officer for”.
          (3)      In subsection (2)(c), for “justices’ chief executive for the petty sessions”
substitute “designated officer for the local justice”.
          (4)      In subsection (2A), for “executives” substitute “officers”.
25
          (5)      In subsection (6), for “justices’ chief executive for a petty sessions” substitute
“designated officer for a local justice”.
  317      In section 74(5) (provisions supplementary to sections 72 and 73)—
              (a)             for “petty sessions” substitute “local justice”,
              (b)             for “for that area” substitute “in that area”, and
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              (c)             for “justices’ chief executive” substitute “designated officer”.
  318      In section 75(6) (conditional offer of fixed penalty: fixed penalty clerk), for
“justices’ chief executive” substitute “designated officer”.
  319     (1)      Amend section 82 (accounting for fixed penalties) as follows.
          (2)      In subsection (1), for “section 60 of the Justices of the Peace Act 1997
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(application of fines and fees)” substitute “section 38 of the Courts Act 2003
(application of receipts of designated officers)”.
          (3)      Omit subsections (2), (2A) and (3).
  320      In section 83(1)(b) (powers in cases of deception), for “justices’ chief
executive or” substitute “designated officer or”.
40
  321      In section 84(c) (power to make regulations prescribing duties), for “justices’
chief executives” substitute “designated officers”.

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments
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Dangerous Dogs Act 1989 (c. 30)
  322      In section 1 (additional powers of court on complaint about dangerous dog)
in—
              (a)             subsection (4), and
              (b)             subsection (7),
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           for “for the same petty sessions” substitute “in the same local justice”.
Extradition Act 1989 (c. 33)
  323               In section 7(3) (rules as to service of documents), for “Rules under section
144 of the Magistrates’ Courts Act 1980” substitute “Criminal Procedure
Rules”.
10
  324      In section 8(1)(a) (issue of warrant of arrest for purposes of committal), for
“the Senior District Judge (Chief Magistrate) or another District Judge
(Magistrates’ Courts) designated by him” substitute “a District Judge
(Magistrates’ Courts) designated by the Lord Chancellor”.
  325      In section 9(2) (proceedings for committal), for “the Senior District Judge
15
(Chief Magistrate) or another District Judge (Magistrates’ Courts)
designated by him” substitute “a District Judge (Magistrates’ Courts)
designated by the Lord Chancellor”.
  326               In section 13(5)(a) (return to foreign states - supplementary), for “rules under
section 84 of the Supreme Court Act 1981” substitute “Criminal Procedure
20
Rules”.
  327               In section 14(2) (simplified procedure)—
              (a)             for “rules under section 144 of the Magistrates’ Courts Act 1980”
substitute “Criminal Procedure Rules”, and
              (b)             for the words from “without” to “include power to” substitute “those
25
rules may”.
  328     (1)      Amend Schedule 1 (provisions deriving from Extradition Act 1870 (c. 52)
and associated enactments) as follows.
          (2)      In paragraph 4(2), for “the Senior District Judge (Chief Magistrate) or
another District Judge (Magistrates’ Courts) designated by him” substitute
30
“a District Judge (Magistrates’ Courts) designated by the Lord Chancellor”.
          (3)      In paragraph 5(1)(a) and (3), for “the Senior District Judge (Chief
Magistrate), or another District Judge (Magistrates’ Courts) designated by
him,” substitute “a District Judge (Magistrates’ Courts) designated by the
Lord Chancellor”.
35
          (4)                        In paragraph 9(2), for “rules under section 144 of the Magistrates’ Courts Act
1980” substitute “Criminal Procedure Rules”.
          (5)      In paragraph 13         (1)(a), for “the Senior District Judge (Chief Magistrate) or
another District Judge (Magistrates’ Courts) designated by him” substitute
“a District Judge (Magistrates’ Courts) designated by the Lord Chancellor”.
40
  329     (1)                        In paragraph 5 of Schedule 1A (adaptation of Act where 1995 Convention
applies), amend inserted section 14A as follows.
          (2)               In subsection (4), for “rules under section 144 of the Magistrates’ Courts Act
1980” substitute “Criminal Procedure Rules”.

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments
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          (3)                        In subsection (5)—
              (a)             for the words from “Without” to “includes power to” substitute
“Criminal Procedure Rules may”, and
              (b)             for “a Senior District Judge (Chief Magistrate) or another District
Judge (Magistrates’ Courts) designated by him” substitute “a District
5
Judge (Magistrates’ Courts) designated by the Lord Chancellor”.
Football Spectators Act 1989 (c. 37)
  330     (1)               Amend section 7 (disqualification for membership of scheme) as follows.
          (2)                        In subsection (7)(b), for “justices’ chief executive for” substitute “designated
officer for”.
10
          (3)                        In subsection (10), omit paragraph (c) and the word “and” preceding it.
  331      In—
              (a)             section 14G(3) (variation of banning order),
              (b)             section 14H(6) (termination of banning order),
           for “for the same petty sessions” substitute “in the same local justice”.
15
  332     (1)                                 Amend section 18 (information) as follows.
          (2)               In subsection (1), for “justices’ chief executive for” substitute “designated
officer for”.
          (3)                        In subsection (2), for “clerk of” substitute “designated officer for”.
          (4)                        Omit subsection (4).
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  333      In section 20(7) (appeal against refusal to grant exemption), omit “acting for
the petty sessions area in which he resides”.
  334      In section 22(2) (banning orders arising out of offences outside England and
Wales)—
              (a)             omit “for any area”,
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              (b)             omit “who resides or is believed to reside in that area”, and
              (c)             omit “for that area” (in both places).
Children Act 1989 (c. 41)
  335      In section 83(5) (directions to submit particulars of proceedings), for
“justices’ chief executive for” substitute “designated officer for”.
30
  336     (1)               Amend section 97 (privacy for children involved in certain proceedings) as
follows.
          (2)               In subsection (1), for “Rules made under section 144 of the Magistrates’
Courts Act 1980” substitute “Family Procedure Rules”.
          (3)                        Omit subsection (7)(a).
35
  337     (1)               Amend paragraph 6A of Schedule 1 (variation of orders for periodical
payments etc. made by magistrates’ courts) as follows.
          (2)                        In sub-paragraph (2), for “the clerk to the justices for the petty sessions area
for which the court is acting” substitute “a magistrates’ court acting in the
same local justice area as the court which made the order”.
40
          (3)                        In sub-paragraph (3)—
              (a)             for “the clerk” substitute “a justices’ clerk”, and

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments
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              (b)             for “to the justices’ chief executive for the court” substitute “to the
designated officer for the court”.
          (4)               In sub-paragraph (9), for “the clerk to the justices” substitute “a justices’
clerk”.
  338               In paragraph 10(6) of Schedule 1 (jurisdiction to hear application for
5
alteration of maintenance agreement), for “at least one of the parties is
resident in the commission area for which the court is appointed” substitute
“the court acts in, or is authorised by the Lord Chancellor to act for, a local
justice area in which at least one of the parties is resident”.
  339      In paragraph 24(6) of Schedule 2 (signature as evidence of contribution
10
order), for “justices’ chief executive for” substitute “designated officer for”.
Local Government and Housing Act 1989 (c. 42)
  340      In section 39(1) (authorities to which provisions about revenue accounts and
capital apply), omit paragraph (ea).
  341      In section 67(3) (authorities to which provisions about interests in companies
15
apply), omit paragraph (ga).
Town and Country Planning Act 1990 (c. 8)
  342      In section 217(2) (appeal to magistrates’ court against section 215 notice),
omit “acting for the petty sessions area in which the land in question is
situated”.
20
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
  343      In section 47(4) (application to stay compulsory acquisition of listed building
in need of repair), omit “acting for the petty sessions area within which the
building is situated”.
  344      In section 50(6) (application to court following direction for minimum
25
compensation), omit “acting for the petty sessions area in which the building
is situated”.
Computer Misuse Act 1990 (c. 18)
  345      Omit section 11(1) (magistrates’ court’s jurisdiction).
  346      In section 16(10) (application to Northern Ireland)—
30
              (a)             for “for subsection (1) there shall be substituted” substitute “before
subsection (2) there shall be inserted”, and
              (b)             omit “and subsection (6) shall be omitted”.
Courts and Legal Services Act 1990 (c. 41)
  347      Omit section 1(12) (duty of Lord Chancellor to prepare annual reports as to
35
the business of the Supreme Court and county courts).
  348               In section 10(2) (family proceedings in magistrates’ courts), for “Rules made
under section 144 of the Magistrates’ Courts Act 1980” substitute “Family
Procedure Rules”.

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments
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Criminal Justice Act 1991 (c. 53)
  349      In section 20A(2)(a) (official request for statement of financial
circumstances), for “justices’ chief executive for” substitute “designated
officer for”.
  350      Omit sections 76 to 78 (court security).
5
  351     (1)      Amend section 92 (interpretation of Part 4) as follows.
          (2)      In subsection (1), omit the definitions of “court-house” and “court security
officer”.
          (3)      Omit subsection (2).
Dangerous Dogs Act 1991 (c. 65)
10
  352      In section 4 (destruction and disqualification orders)—
              (a)             in subsection (6), and
              (b)             in subsection (9)(d),
           for “for the same petty sessions” substitute “in the same local justice”.
Social Security Administration Act 1992 (c. 5)
15
  353      In section 107 (recovery of expenditure on income support)—
              (a)             in subsections (5)(c) and (9), for “the clerk to the justices for the petty
sessions area for which the court is acting” substitute “a justices’
clerk”,
              (b)                             in subsections (5) and (11), for “to the justices’ chief executive for the
20
court” substitute “to the designated officer for the court”, and
              (c)                             in subsection (15), for the definition of “court” substitute—
                                      ““court” (where it occurs other than in the expression
“magistrates’ court”) means in England and Wales a
magistrates’ court, and in Scotland the sheriff;”.
25
  354               In section 121(1) (unpaid contributions - supplementary)—
              (a)             in paragraph (a), for “rules under section 144 of that Act” substitute
“Criminal Procedure Rules”, and
              (b)             in paragraph (b), for “justices’ chief executive for” substitute
“designated officer for”.
30
Local Government Finance Act 1992 (c. 14)
  355      In section 19(3) (exclusion of Crown exemption), omit paragraph (ea).
Friendly Societies Act 1992 (c. 40)
  356               For section 110 (jurisdiction of magistrates’ courts) substitute—
       “110                         Jurisdiction of magistrates’ courts in Northern Ireland
35
              (1)             In Northern Ireland, a friendly society or an officer of a friendly
society may be prosecuted for a summary offence under this Act
before a magistrates’ court acting for the county court division in
which the registered office of the society is situated.

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Schedule 7 — Minor and consequential amendments
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              (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.”
Charities Act 1992 (c. 41)
  357      In section 71(3) (appeals), omit from “and references” onwards.
5
Protection of Badgers Act 1992 (c. 51)
  358      In section 13 (powers of court where dog used or present at commission of
offence)—
              (a)             in subsection (5), and
              (b)             in subsection (9)(c),
10
           for “for the same petty sessions” substitute “in the same local justice”.
Tribunals and Inquiries Act 1992 (c. 53)
  359      In Schedule 1 (tribunals under direct supervision of Council on Tribunals),
omit the entry relating to a person appointed under section 54(6) of the
Justices of the Peace Act 1997 (c. 25).
15
Pension Schemes Act 1993 (c. 48)
  360      In section 68(1)(b) (receipt of statement of admission of failure to pay
premiums), for “justices’ chief executive for” substitute “designated officer
for”.
Vehicle Excise and Registration Act 1994 (c. 22)
20
  361               In—
              (a)             section 51(3)(b)(i) (meaning of “appropriately proved”), and
              (b)             section 55(2)(a)(ii) (meaning of “appropriately proved”),
           for “rules under section 144 of the Magistrates’ Courts Act 1980” substitute
“Criminal Procedure Rules”.
25
Value Added Tax Act 1994 (c. 23)
  362      In section 82(3) (power to appoint officers and staff for carrying out the
administrative work of tribunals in England and Wales), for “section 27 of
the Courts Act 1971” substitute “section 2(1) of the Courts Act 2003”.
Drug Trafficking Act 1994 (c. 37)
30
  363               In section 55(7) (power to make rules about orders under section 55), for
“Crown Court Rules” substitute “Criminal Procedure Rules”.
Road Traffic (New Drivers) Act 1995 (c. 13)
  364      In paragraph 3(3A) of Schedule 1 (test certificate not previously supplied),
for “justices’ chief executive” substitute “designated officer”.
35