Courts Bill [HL]

House of Commons

Session 2002 - 03
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Courts Bill [HL]

Courts Bill [HL]
Schedule 8 — Repeals
    139

Short title and chapter
Extent of repeal

Manoeuvres Act 1958 (7 & 8
In section 3, in subsection (1) “sitting in petty

Eliz. 2 c. 7)
sessions in the petty sessions area within

which that highway or part of a highway is

situated” and in subsection (2) “being a

5

highway or part within the jurisdiction of

those justices”.

Obscene Publications Act 1959
In section 3(1), “in the petty sessions area for

(c. 66)
which he acts,” and “in that area”.

Game Laws (Amendment) Act
In section 3(2), the words from “and in section

10

1960 (c. 36)
one” onwards.

Caravan Sites and Control of
In section 7(1), “acting for the petty sessions area

Development Act 1960 (c. 62)
in which the land is situated”.

In section 8(2), “acting for the petty sessions area

in which the land to which the site licence

15

relates is situated”.

In section 32(1)(c), “acting for the petty sessions

area in which the land is situated”.

Administration of Justice Act
In section 2(3), “Except in a case involving

1960 (c. 65)
sentence of death,”.

20

Section 3.

Children and Young Persons
Section 17(1).

Act 1963 (c. 37)
Schedule 2.

Offices, Shops and Railway
In section 46(11), “acting for the petty sessions

Premises Act 1963 (c. 41)
area in which they are situate”.

25

Administration of Justice Act
In section 26, “commissions of the peace,”.

1964 (c. 42)

Science and Technology Act
In Schedule 2, the entry relating to section 6 of

1965 (c. 4)
the Geological Survey Act 1845.

Compulsory Purchase Act 1965
Section 1(5).

30

(c. 56)

Public Works Loans Act 1965
Section 2(1)(a)(v) and “and” before it.

(c. 63)

National Loans Act 1968 (c. 13)
In Schedule 4, in paragraph 1, in paragraph (a)

of the definition of “local authority”, sub-

35

paragraph (v) and “and” before it.

Criminal Appeal Act 1968
In section 31A(2), at the end of paragraph (b)

(c. 19)
“and”.

Section 48.

Schedule 4.

40

Courts-Martial (Appeals) Act
In section 36(1), at the end of paragraph (f)

1968 (c. 20)
“and”.

In section 36A(1), at the end of paragraph (a)

“and”.

Section 55.

45

Schedule 2.

Children and Young Persons
In section 23A(2)(a), “for the petty sessions area

Act 1969 (c. 54)
in which he was arrested”.

Courts Bill [HL]
Schedule 8 — Repeals
    140

Short title and chapter
Extent of repeal

Courts Act 1971 (c. 23)
Sections 27 and 28.

Schedule 3.

In Schedule 8, paragraphs 17 and 49.

Attachment of Earnings Act
In section 25(1), the definition of “rules of court”

5

1971 (c. 32)
and “and” before it.

Armed Forces Act 1971 (c. 33)
In Schedule 2, paragraph 1(8).

Fire Precautions Act 1971 (c. 40)
In section 43(1), in the definition of “the court”,

“acting for the petty sessions area in which

they are situated”.

10

Immigration Act 1971 (c. 77)
In Schedule 3, in paragraph 6(3) “the Crown

Court or” and “commission area or” and in

paragraph 8(1) “area or”.

Maintenance Orders
In section 21(1), “in England and Wales or”, “by

(Reciprocal Enforcement) Act
rules made under section 144 of the

15

1972 (c. 18)
Magistrates’ Courts Act 1980 or”, and “as the

case may be,”.

In section 34A(4), omit “the clerk of”.

Civil Evidence Act 1972 (c. 30)
Section 2(8).

Administration of Justice Act
In section 5, “Paragraph 7 of”.

20

1973 (c. 15)
In Schedule 1, paragraphs 7 to 7B and 10(1).

Juries Act 1974 (c. 23)
In section 10, “and for this purpose “the judge”

means any judge of the High Court or any

Circuit judge or Recorder”.

In Schedule 1, in Group B, “Justices’ chief

25

executives,”.

Solicitors Act 1974 (c. 47)
Section 38(2) and (3).

Safety of Sports Grounds Act
In section 17(1), in the definition of “the court”,

1975 (c. 52)
“acting for the petty sessions area in which

they are situated”.

30

Bail Act 1976 (c. 63)
In section 2, the definitions of “Crown Court

rules”, “magistrates’ courts rules” and

“Supreme Court rules”.

In section 5B(8), “for the petty sessions area in

which he was arrested”.

35

In section 7(4)(a), “for the petty sessions area in

which he was arrested”.

In section 8(5)(b), “for the petty sessions area in

which he resides”.

Race Relations Act 1976 (c. 74)
In Schedule 1A, in Part 1, paragraph 45, and in

40

Part 2, under the heading “Regulatory, audit

and inspection”, “Her Majesty’s Magistrates’

Courts Service Inspectorate”.

Administration of Justice Act
Section 22.

1977 (c. 38)

45

Domestic Proceedings and
In section 88(1), the definition of “rules”.

Magistrates’ Courts Act 1978

(c. 22)

Courts Bill [HL]
Schedule 8 — Repeals
    141

Short title and chapter
Extent of repeal

Domestic Proceedings and
In Schedule 2, paragraphs 2, 6 and 9.

Magistrates’ Courts Act 1978

(c. 22)—cont.

Judicature (Northern Ireland)
Section 48(4).

5

Act 1978 (c. 23)
In section 70(2)(a), the words “, or in the case of

the Official Solicitor a solicitor,”.

In section 73, in subsection (1), “Subject to

subsection (2)”, and subsection (2).

In Schedule 1, in paragraph 1(2) “Except in a

10

case involving sentence of death,” and

paragraph 2.

In Schedule 3, the entry relating to the Official

Solicitor.

Protection of Children Act 1978
In section 4(1), “in the petty sessions area for

15

(c. 37)
which he acts”.

Magistrates’ Courts Act 1980
Section 1(2), (5) and (8).

(c. 43)
Section 3.

Section 3B.

In section 60(4), “the clerk of”.

20

Section 68.

Section 87(4).

Section 87A(2).

In section 97(1), “for any commission area” and

“for that commission area”.

25

In section 97A(1), “for any commission area”

and paragraph (c) and “and” before it.

In section 116, in subsection (1), “for any area to

which this section applies”, from “, if the

complaint” to “for that area,” and “for that

30

area” (in the second place) and subsection (3).

In section 121, subsection (3) and, in subsection

(5), “, or sitting in an occasional court-house”.

Section 125B(3).

In section 125C, in subsection (1), “appointed

35

by, or member of the staff of, his magistrates’

courts committee” and, in subsection (2), in

the definition of “a section 125A warrant”,

from “and” onwards.

Sections 137 and 138.

40

Section 141.

In section 144, in subsection (2) “the President of

the Family Division of the High Court, the

Senior District Judge (Chief Magistrate)” and

subsection (5).

45

In section 145, in subsection (1) paragraphs (aa),

(f) and (i) and subsection (4).

Sections 146 and 147.

Section 149.

In section 150(1), the definitions of “petty-

50

sessional court-house”, “the register” and “the

rules”.

Section 153.

Schedule 6.

Courts Bill [HL]
Schedule 8 — Repeals
    142

Short title and chapter
Extent of repeal

Magistrates’ Courts Act 1980
In Schedule 7, paragraphs 5, 8, 101(a), 106, 107,

(c. 43)—cont.
113, 131 and 151.

Criminal Appeal (Northern
Section 48 and Schedule 3.

Ireland) Act 1980 (c. 47)

5

Zoo Licensing Act 1981 (c. 37)
In section 18(1), “acting for the petty sessions

area in which the zoo is situated”.

Supreme Court Act 1981 (c. 54)
Section 56A.

Section 76(4).

In section 92, in subsection (2), “except the office

10

of Queen’s Coroner and Attorney and Master

of the Crown Office and Registrar of Criminal

Appeals” and subsections (2D) and (2E).

Section 130.

Sections 138, 138A and 138B.

15

In section 151(1), in the definition of

“prescribed”, paragraph (b) and “and” before

it.

In Schedule 5, paragraph 1 of the entry relating

to the Foreign Judgments (Reciprocal

20

Enforcement) Act 1933, the entry relating to

the Criminal Justice Act 1948, and paragraph

2 of the entry relating to the Evidence

(Proceedings in Other Jurisdictions) Act 1975.

Acquisition of Land Act 1981
In Schedule 4, in paragraph 1, the entry relating

25

(c. 67)
to the Courts Act 1971 and paragraph 19.

County Courts Act 1984 (c. 28)
Sections 73 and 73A.

Section 99(4)(b).

Section 128.

In section 147(1), the definition of “fees orders”.

30

In Schedule 2, paragraph 43.

Matrimonial and Family
Sections 40 and 41.

Proceedings Act 1984 (c. 42)
In Schedule 1, paragraph 13(b).

Building Act 1984 (c. 55)
In section 40(1), “acting for the petty sessions

area in which is situated land on which there

35

has been carried out any work to which the

notice relates”.

In section 55(1), “acting for the petty sessions

area in which is situated land on which there

will be, or there has been, carried out any

40

work to which the notice or certificate

relates”.

Cinemas Act 1985 (c. 13)
In Schedule 2, paragraph 12.

Prosecution of Offences Act
Section 20(5).

1985 (c. 23)

45

Local Government Act 1985
Section 99.

(c. 51)
In Schedule 13, paragraph 13(i).

Administration of Justice Act
Section 54.

1985 (c. 61)

Courts Bill [HL]
Schedule 8 — Repeals
    143

Short title and chapter
Extent of repeal

Transport Act 1985 (c. 67)
In section 17(10), the definition of “the

appropriate court”.

Fire Safety and Safety of Places
In section 41, in the definition of “the court”,

of Sport Act 1987 (c. 27)
“acting for the petty sessions area in which it

5

is situated”.

Income and Corporation Taxes
Section 329AA(8).

Act 1988 (c. 1)

Criminal Justice Act 1988 (c. 33)
Section 41(9).

Road Traffic Act 1988 (c. 52)
In section 90(1)(a), “acting for the petty sessions

10

area in which he resides”.

In section 100(1), “acting for the petty sessions

area in which he resides”.

In section 119(1), “acting for the petty sessions

area in which the holder of or applicant for

15

the licence resides”.

Road Traffic Offenders Act 1988
Section 82(2), (2A) and (3).

(c. 53)

Football Spectators Act 1989
Section 7(10)(c) and the word “and”

(c. 37)
immediately preceding it.

20

Section 18(4).

In section 20(7), “acting for the petty sessions

area in which he resides”.

In section 22(2), “for any area”, “who resides or

is believed to reside in that area” and (in both

25

places) “for that area”.

Children Act 1989 (c. 41)
Section 97(7)(a).

In Schedule 11, in paragraph 8, sub-paragraphs

(d) to (g).

Local Government and Housing
Section 39(1)(ea).

30

Act 1989 (c. 42)
Section 67(3)(ga).

Statute Law (Repeals) Act 1989
In Schedule 2, paragraph 4.

(c. 43)

Town and Country Planning
In section 217(2), “acting for the petty sessions

Act 1990 (c. 8)
area in which the land in question is

35

situated”.

Planning (Listed Buildings and
In section 47(4), “acting for the petty sessions

Conservation Areas) Act 1990
area within which the building is situated”.

(c. 9)
In section 50(6), “acting for the petty sessions

area in which the building is situated”.

40

Planning (Consequential
In Schedule 2, paragraph 25.

Provisions) Act 1990 (c. 11)

Computer Misuse Act 1990
Section 11(1).

(c. 18)
In section 16(10), “and subsection (6) shall be

omitted”.

45

Courts and Legal Services Act
Section 1(12).

1990 (c. 41)
Section 15(1).

In Schedule 17, paragraph 14.

Courts Bill [HL]
Schedule 8 — Repeals
    144

Short title and chapter
Extent of repeal

Courts and Legal Services Act
In Schedule 18, paragraph 50.

1990 (c. 41)—cont.
In Schedule 19, paragraph 7.

Maintenance Enforcement Act
In Schedule 2, paragraph 11(2).

1991 (c. 17)

5

Criminal Justice Act 1991 (c. 53)
Sections 76 to 78.

In section 92, in subsection (1), the definitions of

“court-house” and “court security officer”

and subsection (2).

In Schedule 11, in paragraph 40(2)(a), “and

10

Schedule 2” and in paragraph 41(2),

paragraphs (a) and (e).

Local Government Finance Act
Section 19(3)(ea).

1992 (c. 14)

Friendly Societies Act 1992
In Schedule 16, paragraph 44.

15

(c. 40)

Charities Act 1992 (c. 41)
In section 71(3), from “and references” onwards.

Tribunals and Inquiries Act
In Schedule 1, the entry relating to a person

1992 (c. 53)
appointed under section 54(6) of the Justices

of the Peace Act 1997.

20

Judicial Pensions and
In Part II of Schedule 1, in the entry for Schedule

Retirement Act 1993 (c. 8)
3 to the Judicature (Northern Ireland) Act

1978, the words from “, other than” to the

end.

In Schedule 5, in the entry for the Judicature

25

(Northern Ireland) Act 1978 the words “or

75(1)”.

In Schedule 6, paragraph 14(5) and (7).

Police and Magistrates’ Courts
In Schedule 8, paragraphs 29, 30, 32, 33 and 34.

Act 1994 (c. 29)

30

Criminal Justice and Public
Section 52(8).

Order Act 1994 (c. 33)

Deregulation and Contracting
In Schedule 16, paragraph 2.

Out Act 1994 (c. 40)

Jobseekers Act 1995 (c. 18)
In Schedule 2, paragraph 4.

35

Criminal Appeal Act 1995
Section 22(5).

(c. 35)

Disability Discrimination Act
Section 38(3).

1995 (c. 50)

Police Act 1996 (c. 16)
Section 5(2)(c) and “and” before it.

40

Section 5C(3)(c) and “and” before it.

Civil Procedure Act 1997 (c. 12)
Section 2(6) to (8).

In Schedule 2, paragraph 3.

Justices of the Peace Act 1997
The whole Act.

(c. 25)

45

Police Act 1997 (c. 50)
In Schedule 9, paragraph 92.

Courts Bill [HL]
Schedule 8 — Repeals
    145

Short title and chapter
Extent of repeal

Local Government (Contracts)
Section 10.

Act 1997 (c. 65)
Section 12(4).

Statute Law (Repeals) Act 1998
In Schedule 2, paragraph 3.

(c. 43)

5

Tax Credits Act 1999 (c. 10)
In Schedule 1, paragraph 6(a).

Access to Justice Act 1999 (c. 22)
Sections 74 and 75.

Section 77.

Section 78(1).

Sections 80 to 89.

10

Section 90(2) to (5).

Section 91.

Section 93(1).

Section 98(1).

Sections 99 and 100.

15

In Schedule 4, paragraph 20.

In Schedule 10, paragraphs 1 to 5, 6, 7, 9 to 12, 14

to 16, 18 to 20, 21(a), 30(4)(b), 32, 35 36, 39,

and 47 to 53.

In Schedule 11, paragraphs 3, 6(a), 12, 18, 28, 29,

20

30, 32, 36(3) and (4)(a), and 43 to 50.

Schedule 12.

In Schedule 13, paragraphs 1, 5, 6, 7, 10, 11,

13(2), 14, 15, 25 to 31, 59(2), (3)(a) and (4), 60,

65, 66, 68, 69, 72, 73(4), 74, 77, 78, 81, 82, 89 to

25

93, 96 to 112, 114 to 118, 122(2), 126, 127, 129

to 131, 135 to 138, 147 to 149, 150(3), 153(a),

154 to 156, 159 to 162, 165, 167 to 169 and 171.

Youth Justice and Criminal
Section 24(5) to (7).

Evidence Act 1999 (c. 23)
Section 65(2).

30

Greater London Authority Act
In Schedule 27, paragraph 108.

1999 (c. 29)
In Schedule 29, paragraph 62.

Terrorism Act 2000 (c. 11)
In Schedule 8, in paragraph 29(4)(a), “the Senior

District Judge (Chief Magistrate) or his

deputy, or”.

35

Care Standards Act 2000 (c. 14)
In Schedule 4, paragraph 7.

Freedom of Information Act
In Schedule 1, paragraph 34.

2000 (c. 36)

Criminal Justice and Court
Section 17.

Services Act 2000 (c. 43)
In Schedule 7, paragraphs 84 to 86.

40

Vehicles (Crime) Act 2001 (c. 3)
Section 38(5)(c).

In the Schedule, paragraphs 7 to 10.

Private Security Industry Act
In section 11, subsection (3) and, in subsection

2001 (c. 12)
(6)(d), “appropriate”.

In section 18, subsection (3) and, in subsection

45

(5)(d), “appropriate”.

International Criminal Court
In section 26, in the definition of “appropriate

Act 2001 (c. 17)
judicial officer”, paragraph (a).