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Courts Bill [HL]


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

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  45                In section 2 (summons to appear before justice of the peace)—

              (a)             after “citing such person to appear before” insert “, in England and

Wales, a magistrates’ court or”,

              (b)             omit “England and”, and

              (c)             for “forfeit and pay any sum” substitute “be liable to a fine”.

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  46                In section 3 (recovery of penalties), omit “in England in the same manner as

penalties under the Game Act 1831 and”.

Criminal Procedure Act 1865 (c. 18)

  47       In section 6(2)(a) (proof of conviction of witness by signed certificate), for

“justices’ chief executive” substitute “designated officer”.

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Dockyard Ports Regulation Act 1865 (c. 125)

  48      (1)                        In section 2 (interpretation), omit the words from “The term “justice”” to

“arises:”.

          (2)               This paragraph does not extend to Northern Ireland.

  49                In section 22 (jurisdiction of justice of the peace), for “Where any district”

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substitute—

              “(1)                For the purposes of this Act, where a local justice area in England and

Wales abuts on the shore of the sea or other navigable water, any

magistrates’ court in England and Wales has jurisdiction over—

                    (a)                   any vessel which is near or passes near the shore, and

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                    (b)                   every person on board the vessel or belonging to it,

                              as if the vessel or person were in England and Wales.

              (2)                Where any other district”.

Newspapers, Printers and Reading Rooms Repeal Act 1869 (c. 24)

  50                         In Schedule 2 (which sets out enactments continued in force under section

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1)—

              (a)             in section 29 of the Unlawful Societies Act 1799 (penalty for

neglecting or refusing to produce copy), for “forfeit and lose the

sum” substitute “be liable on summary conviction to a fine”,

              (b)             in section 34 of the 1799 Act (prosecutions to be commenced within

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3 months), omit “or sued” and “, or such action shall be brought,”,

              (c)             omit section 35 of the 1799 Act (recovery of penalties),

              (d)             omit section 36 of the 1799 Act (application of penalties), and

              (e)             in section 2 of the Printers and Publishers Act 1839 (penalty upon

printers for not printing their name, etc.), for “forfeit a sum not more

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than” substitute “be liable on summary conviction to a fine not

exceeding”.

Promissory Oaths Act 1871 (c. 48)

  51                In section 2 (persons before whom oaths to be taken), for the paragraph

beginning “In England” substitute—

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           “In England and Wales—

 

 

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

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                    (a)                   before the Lord Chancellor, or

                    (b)                   in open court before one or more judges of the High Court or

before one or more Circuit judges.”

Prevention of Crimes Act 1871 (c. 112)

  52       In paragraph (a) of the last sentence of section 18 (proof of conviction by

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certificate or copy of conviction), for “justices’ chief executive” substitute

“designated officer”.

Fairs Act 1873 (c. 37)

  53                The amendments of section 6 (alteration of fair day on representation of local

authority) made by—

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              (a)             paragraph 10 of Schedule 10 to the Access to Justice Act 1999 (c. 22),

and

              (b)             paragraph 5 of Schedule 13 to that Act,

           shall be treated as if they had never had effect.

Commons Act 1876 (c. 56)

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  54       In section 20 (prohibition of gravel digging on certain commons without

authority of justices), for “in petty sessions assembled, and acting in and for

the petty sessions area in which such common is situate,” substitute “of the

peace”.

Municipal Corporations Act 1882 (c. 50)

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  55       In section 153(3) (issue of warrant following failure by borough to pay sum

due to county), omit “for a commission area consisting of or including the

whole or part of the county”.

Explosive Substances Act 1883 (c. 3)

  56      (1)                        In section 6(1) (inquiry into offences)—

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              (a)             omit “for the county, borough, or place in which the crime was

committed or is suspected to have been committed,”,

              (b)             omit “sit at a petty sessional or occasional court-house, or police

station in the said county, borough or place, and”, and

              (c)             for “the next petty sessions, or” substitute “a magistrates’ court”.

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          (2)                        This paragraph does not extend to Northern Ireland.

  57                In section 9(2) (application of Act to Scotland), for ““petty sessional court

house”” substitute ““magistrates’ court””.

Sheriffs Act 1887 (c. 55)

  58       In section 7(1) (declaration of office), for the words from “effect before”

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onwards substitute “effect—

                    (a)                      before one of the judges of Her Majesty’s High Court; or

                    (b)                      in the county of which he is sheriff before a justice of the

peace.”

 

 

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

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  59       In section 17 (disqualification from acting as justice of the peace), for “peace

for” substitute “peace in any local justice area consisting of or including the

whole or a part of”.

  60       In section 23(3) (declaration of office by under-sheriff), for the words from

“effect before” onwards substitute “effect—

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                    (a)                      before one of the judges of Her Majesty’s High Court; or

                    (b)                      in the county for which such under-sheriff is appointed

before a justice of the peace.”

  61      (1)      Amend section 26 (declaration by bailiffs, etc.) as follows.

          (2)      Re-number the existing provision subsection (1).

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          (3)      In that subsection, for the words from “effect before” onwards substitute

“effect—

                    (a)                      before any judge of the High Court; or

                    (b)                      in the county in which he exercises his authority before a

justice of the peace.”

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          (4)      After that subsection insert—

              “(2)                Subsection (1) does not apply to any enforcement officer or any

person acting under the authority of an enforcement officer.”

  62       In section 29 (punishment for misconduct), after subsection (2) insert—

              “(2A)                Subsection (2) does not apply to any enforcement officer or any

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person acting under the authority of an enforcement officer.”

  63       In section 38 (definitions), after the definition of “county” insert—

                    ““enforcement officer” means an individual who is authorised to act as

an enforcement officer under the Courts Act 2003;”,

           and omit from “Any reference” to the end of the section.

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Local Government Act 1888 (c. 41)

  64       In section 28(2) (power of county council to delegate to justices functions

relating to contagious diseases of animals), for “for a commission” substitute

“acting in a local justice”.

Behring Sea Award Act 1894 (c. 2)

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  65                The Behring Sea Award Act 1894 shall have effect in relation to England and

Wales as if in Schedule 2 for section 521 of the Merchant Shipping Act 1854

(which under section 1(5) of the 1894 Act is applied to any offence or

forfeiture under that Act) there were substituted—

       “521            Jurisdiction over ships lying off the coasts

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Courts in England and Wales (including magistrates’ courts) have

jurisdiction—

                    (a)                   over any ship or boat which—

                           (i)                          is on or is lying or passing off the coast of England

and Wales, or

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                           (ii)                         is in or near any bay, channel, lake, river or other

navigable water on which any part of England and

 

 

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

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Wales abuts or into which any part of England and

Wales projects, and

                    (b)                   over all persons on board the ship or boat or for the time

being belonging to it,

            as if the ship, boat or persons were in England and Wales.”

5

Public Health Acts Amendment Act 1907 (c. 53)

  66       In section 94(7) (licensing of pleasure boats: appeals to magistrates’ court),

for “justices’ chief executive for the court” substitute “designated officer for

the court”.

Indictments Act 1915 (c. 90)

10

  67                In section 2(2) (powers of rule committee), for the words preceding “shall

have power” substitute “The Criminal Procedure Rule Committee”.

Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)

  68       In section 3(4) (return of order to original court for further evidence to be

taken), omit “appointed for the same commission area”.

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  69      (1)      Amend section 4 (power of court of summary jurisdiction to confirm

maintenance orders made in certain Commonwealth countries) as follows.

          (2)      In subsection (5B), for “a justices’ chief executive” (in both places) substitute

“the designated officer for the court or for any other magistrates’ court”.

          (3)      In subsection (6A)—

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              (a)             in paragraph (b), in the paragraph to be regarded as substituted for

subsection (4)(b) of section 60 of the 1980 Act, for “a justices’ chief

executive” substitute “the designated officer for the court or for any

other magistrates’ court”, and

              (b)             in paragraph (c), in the words to be regarded as replaced in section

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60(5) of the 1980 Act, for “justices’ chief executive for the court””

substitute “designated officer for the court””.

          (4)      Nothing in this paragraph is to be read as amending section 4 as modified in

relation to Northern Ireland by section 11.

  70      (1)                        In section 7(2) (power to make rules about proceedings under the Act), for

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the words from “Without prejudice” to “such rules” substitute “For the

purpose of giving effect to this Act rules of court”.

          (2)                        Sub-paragraph (1) does not extend to Northern Ireland.

Criminal Justice Act 1925 (c. 86)

  71                In section 33(4) (rules about service of documents on a corporation), omit “,

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except in so far as such provision may be made by rules under section 144 of

the Magistrates’ Courts Act 1980”.

Children and Young Persons Act 1933 (c. 12)

  72       In section 7(2) (offence of selling tobacco to persons under 16: complaint to

court of summary jurisdiction), for “court of summary jurisdiction”

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substitute “magistrates’ court”.

 

 

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

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  73      (1)                        Amend section 25 (restrictions on persons under 18 going abroad to perform

for profit) as follows.

          (2)                        In subsection (6), for “court of summary jurisdiction” substitute “relevant

court”.

          (3)                        After subsection (10), insert—

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              “(11)                In this section “the relevant court”—

                    (a)                   in relation to England and Wales, means a magistrates’ court;

                    (b)                   in relation to Scotland, means a sheriff court;

                    (c)                   in relation to Northern Ireland, means a court of summary

jurisdiction.”

10

  74      (1)      Amend section 46 (assignment of certain matters to youth courts) as follows.

          (2)      In subsection (1), for “court of summary jurisdiction” (in each place)

substitute “magistrates’ court”.

          (3)      In subsection (1A), for “justices’ chief executive for” substitute “designated

officer for”.

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  75       In section 48(3) (remand of child or young person by youth court), for “for

the same petty sessions area or place” substitute “in the same local justice

area”.

  76       Omit section 101 (application of Summary Jurisdiction Acts).

  77       In section 102(1) (appeals to Crown Court), for “court of summary

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jurisdiction” substitute “magistrates’ court”.

Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13)

  78      (1)               In section 3(1) (power to make rules of court for purposes of Act), for “rules

of court under section 84 of the Supreme Court Act 1981” substitute “Civil

Procedure Rules”.

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          (2)               Sub-paragraph (1) extends only to England and Wales.

Public Offices (Site) Act 1947 (c. 45)

  79                Omit section 7 (correction of errors in deposited plan and book of reference).

The National Assistance Act 1948 (c. 29)

  80                         In section 43(4) (interpretation of section 43), for the words from “a court”

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onwards substitute “—

                    (a)                      in England and Wales, a magistrates’ court acting in the local

justice area where the assistance was given or applied for;

                    (b)                      in Scotland, the sheriff having jurisdiction in the place where

the assistance was given or applied for.”

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  81      (1)               Amend section 47 (removal to suitable premises of persons in need of care

and attention) as follows.

          (2)                        In subsection (2), for “a court of summary jurisdiction having jurisdiction in

the place where the premises are situated” substitute “the court”.

 

 

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

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          (3)                        After subsection (12) insert—

              “(12A)                In this section, “the court”—

                    (a)                   in England and Wales, means a magistrates’ court acting in

the local justice area where the premises are situated;

                    (b)                   in Scotland, means the sheriff having jurisdiction in the place

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where the premises are situated.”

  82                         Omit section 65(c) (in application of Act to Scotland, references to court of

summary jurisdiction to be read as references to sheriff).

Criminal Justice Act 1948 (c. 58)

  83                For section 37(4) (recommittal following appeal etc.) substitute—

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              “(4)                Criminal Procedure Rules may be made for authorising the

recommittal, in such cases and by such courts or justices as may be

prescribed by the rules, of persons released from custody under this

section.”

Prevention of Damage by Pests Act 1949 (c. 55)

15

  84      (1)      Amend section 15 (appeal against directions) as follows.

          (2)      In subsection (1), omit “for the petty sessions area or 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”.

          (3)      In subsection (5), for “from “to a court” to the end of the subsection”

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substitute ““to a court of summary jurisdiction””.

Marriage Act 1949 (c. 76)

  85       In section 3(5) (meaning of “the court”), for “appointed for the commission

area” substitute “acting in the local justice area”.

National Parks and Access to the Countryside Act 1949 (c. 97)

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  86       In section 68(3) (complaint to court about access requirement), omit “for the

petty sessions area or place within which the land to which the notice relates

is situated”.

Maintenance Orders Act 1950 (c. 37)

  87                In section 17(1)(a) (registration of maintenance orders in England), for “for

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the same place” substitute “acting in the same local justice area”.

  88      (1)      Amend section 18 (enforcement of registered orders) as follows.

          (2)      In subsection (2ZA), 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’

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court”.

          (3)      In subsection (2B)(a), for “justices’ chief executive” substitute “designated

officer”.

  89      (1)      Amend section 22 (discharge and variation of registered orders) as follows.

 

 

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

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          (2)      In subsection (1B), 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”.

          (3)      In subsection (1E)—

              (a)             in paragraph (a), in the paragraph to be regarded as substituted for

5

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

              (b)             in paragraph (b), in the words to be regarded as replaced in section

60(5) of the 1980 Act, for “justices’ chief executive for the court””

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substitute “designated officer for the court””.

  90       In section 24(5A)(b) (cessation of order requiring payment), for “a justices’

chief executive” substitute “the designated officer for a magistrates’ court in

England and Wales”.

  91      (1)               Amend section 25 (rules as to procedure of magistrates’ courts) as follows.

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          (2)                        Omit subsection (1).

          (3)               In subsection (3)—

              (a)             after “Rules” insert “of court”, and

              (b)             in paragraph (a), for the words from “by means of” onwards,

substitute “in accordance with the rules”.

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          (4)                        Sub-paragraph (3) does not extend to Northern Ireland.

  92      (1)               Amend section 28(1) (interpretation) as follows.

          (2)               In the definition of “collecting officer”, after “officer”,” insert “in relation to

a court of summary jurisdiction in England, means the designated officer for

the court, and”.

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          (3)               In the definition of “prescribed”, omit—

              (a)             “England or”,

              (b)             “by rules made under section fifteen of the Justices of the Peace Act

1949, or”, and

              (c)             “as the case may be,”.

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Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

  93      (1)      In Schedule 2 (paying authorities under Part 5), omit Part 2.

          (2)      Nothing in sub-paragraph (1) is to be read as amending Schedule 2 as it

extends to Northern Ireland.

Prison Act 1952 (c. 52)

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  94      (1)      Amend section 19 (right of justice to visit prison) as follows.

          (2)      In subsection (1), for “for any commission area” substitute “assigned to any

local justice area”.

          (3)      In subsection (2), omit “or to visit any prisoner under sentence of death”.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

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  95       In—

 

 

 
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