Courts Bill [HL]

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Courts Bill [HL]

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments
    132

Merchant Shipping Act 1995 (c. 21)
  365      In section 68(4A) (particulars of fine for not co-operating with inquiry into
fitness of seaman)—
              (a)             for “(1)” substitute “(4)”, and
              (b)             for “justices’ chief executive” substitute “designated officer”.
5
Criminal Appeal Act 1995 (c. 35)
  366      In section 22 (meaning of public body etc.), omit subsection (5).
Disability Discrimination Act 1995 (c. 50)
  367     (1)      Amend section 38 (appeal against refusal of exemption certificate) as
follows.
10
          (2)      In subsection (1), for “the appropriate” substitute “a magistrates’”.
          (3)      Omit subsection (3).
Reserve Forces Act 1996 (c. 14)
  368      In paragraph 7(3A) of Schedule 2 (fee payable on delivery into military, air-
force or naval custody of person dealt with by court of summary jurisdiction
15
as illegally absent), for “justices’ chief executive” substitute “designated
officer”.
  369      In paragraph 9(4) of Schedule 3 (certificate as proof of outcome of civil trial),
for “justices’ chief executive” substitute “designated officer”.
Police Act 1996 (c. 16)
20
  370      In section 5(2) (consultation before reduction in size of police authority)—
              (a)             at the end of paragraph (a), insert “and”, and
              (b)             omit paragraph (c) and “and” before it.
  371      In section 5C(3) (consultation before reduction in size of Metropolitan Police
Authority)—
25
              (a)             at the end of paragraph (a), insert “and”, and
              (b)             omit paragraph (c) and “and” before it.
Criminal Procedure and Investigations Act 1996 (c. 25)
  372     (1)               Amend section 19 (rules of court) as follows.
          (2)                        In subsection (1), for the words from the beginning to “sections” substitute
30
“The power to make Criminal Procedure Rules”.
          (3)                        In subsection (3), for “Rules made under section 144 of the Magistrates’
Courts Act 1980” substitute “Criminal Procedure Rules made”.
  373               In section 20(3) (rules as to disclosure), for the words from “Without” to “that
section” substitute “The power to make Criminal Procedure Rules”.
35
  374               In section 33 (Crown Court Rules)—
              (a)             in subsections (1) and (2), for “Crown Court Rules” substitute
“Criminal Procedure Rules”, and

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments
    133

              (b)             for the section heading, substitute “Criminal Procedure Rules”.
  375               In paragraph 4 of Schedule 2 (rules about statements and depositions), for
the words from “Without prejudice” to “includes power to” substitute
“Criminal Procedure Rules may”.
  376               In paragraph 13(2) of Schedule 4 (modification of section 20(3) in relation to
5
Northern Ireland), for “that section” substitute “Rules”.
Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11)
  377      In section 9(9) (application for termination of disqualification), for “for the
same petty sessions” substitute “in the same local justice”.
Youth Justice and Criminal Evidence Act 1999 (c. 23)
10
  378               In each of the following provisions, for “rules of court” substitute “Criminal
Procedure Rules”—
              (a)             section 20(6) (applications about special measures directions);
              (b)             section 27(4)(b) (video recorded evidence in chief);
              (c)             section 28(2) and (4) (video recorded cross-examination or re-
15
examination);
              (d)             section 29(3) and (5) (examination of witness through intermediary);
              (e)             section 37(5) (applications about directions under section 36);
              (f)             section 38(6) and (7) (defence representation for purposes of cross-
examination);
20
              (g)             section 43(3) (procedure on applications under section 41);
              (h)             section 65(1) (power to make rules for purposes of Act).
  379      In section 24 (evidence by live link), omit subsections (5) to (7).
  380               In section 44(11) (restrictions on reporting of offences), for “rules of court”
substitute “Criminal Procedure Rules in England and Wales, or rules of
25
court in Northern Ireland”.
  381               Omit section 65(2) (meaning of “rules of court”).
Terrorism Act 2000 (c. 11)
  382     (1)      Amend Schedule 4 (forfeiture orders) as follows.
          (2)      In paragraph 4(1), for “justices’ chief executive” (in each place) substitute
30
“designated officer”.
          (3)      In paragraph 13(5)(b), for “a justices’ chief executive” substitute “the
designated officer for a magistrates’ court”.
          (4)      In paragraph 46(2)(a), for “section 60 of the Justices of the Peace Act 1997
(application of fines, etc.)” substitute “section 38 of the Courts Act 2003
35
(application of receipts of designated officers)”.
  383     (1)                        Amend Schedule 5 (terrorist investigations: information) as follows.
          (2)               In paragraph 10(2), for “Crown Court Rules” substitute “Criminal Procedure
Rules”.

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments
    134

          (3)                        In paragraph 18, after paragraph (d) insert—
                      “(dd)                        the reference in paragraph 10(2) to “Criminal Procedure
Rules” shall be taken as a reference to Crown Court
Rules,”.
  384     (1)                        Amend paragraph 4 of Schedule 6 (procedure on application for provision
5
of financial information) as follows.
          (2)               In sub-paragraph (1), for “Crown Court Rules” substitute “Criminal
Procedure Rules”.
          (3)               After sub-paragraph (2) insert—
          “(3)                                   Crown Court Rules may make provision about the procedure for
10
an application under paragraph 1.”
  385      In paragraph 29(4)(a) of Schedule 8 (extension of detention: meaning of
judicial authority), omit “the Senior District Judge (Chief Magistrate) or his
deputy, or”.
Freedom of Information Act 2000 (c. 36)
15
  386      In Schedule 1 (public authorities), omit paragraph 34.
Criminal Justice and Court Services Act 2000 (c. 43)
  387      In paragraph 2(2) of Schedule 1 (constitution of local probation boards), for
“or a Recorder” substitute “, a Recorder or a District Judge (Magistrates’
Courts)”.
20
Vehicles (Crime) Act 2001 (c. 3)
  388      In section 38(5) (unified power to fund speed cameras)—
              (a)             at the end of paragraph (b) insert “and”, and
              (b)             omit paragraph (c).
Private Security Industry Act 2001 (c. 12)
25
  389     (1)      Amend section 11 (appeals in licensing matters) as follows.
          (2)      In subsection (1), for “the appropriate” substitute “a”.
          (3)      Omit subsection (3).
          (4)      In subsection (6)(d)—
              (a)             omit “appropriate”, and
30
              (b)             for “that” substitute “the”.
  390     (1)      Amend section 18 (appeals relating to approvals) as follows.
          (2)      In subsection (1), for “the appropriate” substitute “a”.
          (3)      Omit subsection (3).
          (4)      In subsection (5)(d)—
35
              (a)             omit “appropriate”, and
              (b)             for “that” substitute “the”.

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments
    135

Criminal Justice and Police Act 2001 (c. 16)
  391      In section 3(3)(f) (penalty notice for disorderly behaviour), for “justices’ chief
executive” substitute “designated officer for a local justice area”.
  392      In section 7(1) (payment of penalty), for “justices’ chief executive” substitute
“designated officer”.
5
  393      In section 8(2) (certificate that sum is registrable for enforcement as a fine),
for “justices’ chief executive for the petty sessions” substitute “designated
officer for the local justice”.
  394     (1)      Amend section 9 (registration of sums payable in default) as follows.
          (2)      In subsection (1), for “justices’ chief executive for a petty sessions” substitute
10
“designated officer for a local justice”.
          (3)      In subsection (2)(b), for “appropriate justices’ chief executive” substitute
“designated officer for the local justice area in which the defaulter resides”.
          (4)      In subsection (3), for “justices’ chief executive” substitute “designated
officer”.
15
  395      In section 21(5) (closure of unlicensed premises), for “justices’ chief
executive” substitute “designated officer”.
  396      In section 22(5)(a) (termination of closure order), for “justices’ chief
executive” substitute “designated officer”.
International Criminal Court Act 2001 (c. 17)
20
  397               In—
              (a)             section 7(3) (form of consent to surrender), and
              (b)             section 13(3) (form of waiver of right to review),
           for “rules under section 144 of the Magistrates’ Courts Act 1980 (c. 43)”
substitute “Criminal Procedure Rules”.
25
  398      In section 26 (meaning of “appropriate judicial officer”), in the definition of
“appropriate judicial officer” omit paragraph (a).
  399               In paragraph 5(2) of Schedule 5 (orders under Part 1), after “by” insert
“Criminal Procedure Rules or, in Northern Ireland,”.
Proceeds of Crime Act 2002 (c. 29)
30
  400               In—
              (a)             section 24(1)(b) (application to discharge confiscation order:
inadequacy of available amount), and
              (b)             section 25(1)(b) (application to discharge confiscation order: small
amount outstanding),
35
           for “a justices’ chief executive” substitute “the designated officer for a
magistrates’ court”.
  401               In section 54(6) and (7) (payments by enforcement receivers), for “justices’
chief executive” substitute “designated officer”.
  402     (1)               Amend section 55 (sums received by justices’ chief executive) as follows.
40

Courts Bill [HL]
Schedule 8 — Repeals
    136

          (2)                        For “justices’ chief executive”, in each place (including the section heading)
substitute “designated officer”.
          (3)                        In subsection (2), for “chief executive’s” substitute “designated officer’s”.
          (4)                        In subsection (6), for “section 60 of the Justices of the Peace Act 1997 (c. 25)”
substitute “section 38 of the Courts Act 2003”.
5
  403               In section 67(5) (payment of seized money), for “justices’ chief executive”
substitute “designated officer”.
  404               In section 91 (Crown Court Rules) for “Crown Court Rules or (as the case
may be) Criminal Appeal Rules” substitute “Criminal Procedure Rules”.
Adoption and Children Act 2002 (c. 38)
10
  405               In section 13(2) (requirement to provide information relating to adoption),
for “justices’ chief executive” substitute “designated officer”.
  406               In section 55(2) (interpretation of section 55(1)), for “petty sessions”
substitute “local justice”.
  407     (1)                        Amend section 141 (rules of procedure) as follows.
15
          (2)                        In subsection (1), for “The Lord Chancellor may make rules” substitute
“Family Procedure Rules may make provision”.
          (3)                        Omit subsection (2).
  408               In section 144(1) (interpretation), for the definition of “rules” substitute—
                    ““rules” means Family Procedure Rules made by virtue of section
20
141(1),”.
Schedule 8
Section 107

Repeals

Short title and chapter
Extent of repeal

Parochial Libraries Act 1708
In section 10, “for the commission area”.

25

(c. 14)

Distress for Rent Act 1737 (c. 19)
In section 4, “of the same commission area”.

In section 16, “of the county, riding, division, or

place”.

Inclosure Act 1773 (c. 81)
In section 4, “under the hand and seal” and “of

30

the commission area wherein such common

field lands shall lie”.

Burial Ground Act 1816 (c. 141)
In section 2, “for the commission area in which

such land is situated”.

Inclosure and Drainage (Rates)
In section 1, “acting for any commission area, in

35

Act 1833 (c. 35)
petty sessions assembled”.

In section 2, “for the said (county, riding, or

division, as the case may be)”.

Courts Bill [HL]
Schedule 8 — Repeals
    137

Short title and chapter
Extent of repeal

Railway Regulation Act 1842
In section 17, “, in the like discretion of such

(c. 55)
justice, shall” and the words from “and every

such penalty” to the end.

Defence Act 1842 (c. 94)
In section 24, “of the county, riding, city, or

5

place”.

Companies Clauses
In section 3, the words from “The word

Consolidation Act 1845 (c. 16)
“justice”” to “acting together in petty

sessions”.

Lands Clauses Consolidation
In section 3, the words from “The word

10

Act 1845 (c. 18)
“justices”” to “acting together”.

Railway Clauses Consolidation
In section 3, the words from “The word

Act 1845 (c. 20)
“justice”” to “acting together:”.

In section 46, “in petty sessions”.

In section 59, “, and assembled in petty

15

sessions,”.

Markets and Fairs Clauses Act
In section 3, the words from “The word

1847 (c. 14)
“justice”” to “acting together:”.

Harbours, Docks and Piers
In section 3, the words from “The word

Clauses Act 1847 (c. 27)
“justice”” to “acting together:”.

20

Towns Improvement Clauses
In section 3, the words from “The word

Act 1847 (c. 34)
“justice”” to “acting together:”.

Cemeteries Clauses Act 1847
In section 3, the words from “The word

(c. 65)
“justice”” to “acting together:”.

Town Police Clauses Act 1847
In section 3, the words from “The word

25

(c. 89)
“justice”” to “acting together:”.

Indictable Offences Act 1848
In section 13, “any county, riding, division,

(c. 42)
liberty, city, borough, or place in” (in both

places).

Defence Act 1860 (c. 112)
In section 47, the words from “The word

30

“justices”” to “acting together:”.

Offences Against the Person Act
In section 44, “under their hands”.

1861 (c. 100)
In section 65, “under his hand and seal”.

Poaching Prevention Act 1862
In section 1, the words from “; and the words

(c. 114)
“justice” and “justices”” onwards.

35

In section 2, “England and”.

In section 3, “in England in the same manner as

penalties under the Game Act 1831 and”.

Dockyard Ports Regulation Act
In section 2, the words from “The term “justice””

1865 (c. 125)
to “arises:”.

40

Newspapers, Printers, and
In Schedule 2, in section 34 of the Unlawful

Reading Rooms Repeal Act
Societies Act 1799, “or sued” and “, or such

1869 (c. 24)
action shall be brought”, and sections 35 and

36 of the 1799 Act.

Courts Bill [HL]
Schedule 8 — Repeals
    138

Short title and chapter
Extent of repeal

Explosive Substances Act 1883
In section 6(1), “for the county, borough, or

(c. 3)
place in which the crime was committed or is

suspected to have been committed,” and “sit

at a petty sessional or occasional court-house,

5

or police station in the said county, borough

or place, and”.

Municipal Corporations Act
In section 153(3), “for a commission area

1882 (c. 50)
consisting of or including the whole or part of

the county”.

10

Sheriffs Act 1887 (c. 55)
In section 38, from “Any reference” onwards.

Maintenance Orders (Facilities
In section 3(4), “appointed for the same

for Enforcement) Act 1920
commission area”.

(c. 33)

Criminal Justice Act 1925 (c. 86)
In section 33(4), “, except in so far as such

15

provision may be made by rules under

section 144 of the Magistrates’ Courts Act

1980”.

Children and Young Persons
Section 101.

Act 1933 (c. 12)
Schedule 2.

20

Public Offices (Site) Act 1947
Section 7.

(c. 45)

National Assistance Act 1948
Section 65(c).

(c. 29)

Prevention of Damage by Pests
In section 15(1), “for the petty sessions area or

25

Act 1949 (c. 55)
place in which the works are required to be

carried out or, as the case may be, in which

the food or container is for the time being

situated”.

National Parks and Access to
In section 68(3), “for the petty sessions area or

30

the Countryside Act 1949
place within which the land to which the

(c. 97)
notice relates is situated”.

Maintenance Orders Act 1950
Section 25(1).

(c. 37)
In section 28(1), in the definition of “prescribed”,

“England or”, “by rules made under section

35

fifteen of the Justices of the Peace Act 1949,

or” and “as the case may be,”.

Reserve and Auxiliary Forces
In Schedule 2, Part 2.

(Protection of Civil Interests)

Act 1951 (c. 65)

40

Prison Act 1952 (c. 52)
In section 19(2), “or to visit any prisoner under

sentence of death”.

Maintenance Orders Act 1958
In section 21(1), the definition of “rules of

(c. 39)
court”.