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(a) section 189(3A)(a) (fee for certificate on delivery into military | |
custody of person dealt with by court of summary jurisdiction as | |
illegally absent), and | |
(b) section 199(4)(a) (certificate as proof of outcome of civil trial), | |
for “justices’ chief executive” substitute “designated officer”. | 5 |
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) | |
96 In— | |
(a) section 189(3A)(a) (fee for certificate on delivery into air force | |
custody of person dealt with by court of summary jurisdiction as | |
illegally absent), and | 10 |
(b) section 199(4)(a) (certificate as proof of outcome of civil trial), | |
for “justices’ chief executive” substitute “designated officer”. | |
Naval Discipline Act 1957 (c. 53) | |
97 In— | |
(a) section 110(2A)(a) (fee for certificate on delivery into naval custody | 15 |
of person dealt with by court of summary jurisdiction as illegally | |
absent), and | |
(b) section 129B(4)(a) (certificate as proof of outcome of civil trial), | |
for “justices’ chief executive” substitute “designated officer”. | |
Maintenance Orders Act 1958 (c. 39) | 20 |
98 (1) Amend section 2 (registration of orders) as follows. | |
(2) In subsection (2)(b), for “justices’ chief executive for the magistrates’ court | |
acting for the petty sessions area” substitute “designated officer for the | |
magistrates’ court acting in the local justice area”. | |
(3) In subsection (5), for “of, or justices’ chief executive for,” substitute “of, or | 25 |
for,”. | |
(4) In subsection (6), for “a justices’ chief executive” (in both places) substitute | |
“the designated officer for a magistrates’ court”. | |
(5) In subsection (6ZA), for “a justices’ chief executive” substitute “the | |
designated officer for the court or for any other magistrates’ court”. | 30 |
(6) In subsection (6ZC), for “a justices’ chief executive” substitute “the | |
designated officer for a magistrates’ court”. | |
99 In section 3(3A) (requirement of person liable under order to notify change | |
of address), for “justices’ chief executive for” substitute “designated officer | |
for”. | 35 |
100 In section 4(5B) (variation of orders registered in magistrates’ courts)— | |
(a) in paragraph (a), in the paragraph to be regarded as substituted for | |
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”, | 40 |
(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”” | |
substitute “designated officer for the court””, and | |
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(c) in paragraph (e), in the subsection (9) to be regarded as substituted | |
for sections 60(9) and (10) 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”. | |
101 (1) Amend section 5 (cancellation of registration) as follows. | 5 |
(2) In subsection (5), for “a justices’ chief executive” (in both places) substitute | |
“the designated officer for a magistrates’ court”. | |
(3) In subsection (6)(b), for “justices’ chief executive for” substitute “designated | |
officer for”. | |
102 (1) Amend section 18 (powers of magistrates to renew commitals) as follows. | 10 |
(2) For “justices’ chief executive for” (in each place) substitute “designated | |
officer for”. | |
(3) In subsections (2) and (4), for “acting for the same petty sessions area” | |
substitute “acting in the same local justice area”. | |
103 In section 20(1) (registration of order at request of person entitled to receive | 15 |
payments)— | |
(a) for “a justices’ chief executive who” substitute “the designated | |
officer for a magistrates’ court who”, and | |
(b) for “a justices’ chief executive is” substitute “the designated officer | |
is”. | 20 |
104 In section 21(1) (interpretation), omit the definition of “rules of court”. | |
Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7) | |
105 (1) Amend section 3 (power to close highways) as follows. | |
(2) In subsection (1), omit “sitting in petty sessions in the petty sessions area | |
within which that highway or part of a highway is situated”. | 25 |
(3) In subsection (2), omit “, being a highway or part within the jurisdiction of | |
those justices”. | |
(4) For subsection (5)(c) substitute— | |
“(c) the references to justices of the peace shall be construed as | |
references to the district court for the area in which the | 30 |
highway or part of a highway is situated.” | |
Obscene Publications Act 1959 (c. 66) | |
106 (1) Amend section 3 (powers of search, seizure and forfeiture) as follows. | |
(2) In subsection (1), omit “in the petty sessions area for which he acts,” and “in | |
that area”. | 35 |
(3) In subsection (3)— | |
(a) for “for the same petty sessions area as the justice who issued the | |
warrant, and the justice before whom the articles are brought” | |
substitute “in the local justice area in which the articles were seized, | |
who”; | 40 |
(b) for “for that petty sessions area” substitute “acting in that local justice | |
area”. | |
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Road Traffic Act 1960 (c. 16) | |
107 In section 243(a) (proof in summary proceedings of identity of driver), for | |
“rules made under section fifteen of the Justices of the Peace Act 1949” | |
substitute “Criminal Procedure Rules”. | |
Caravan Sites and Control of Development Act 1960 (c. 62) | 5 |
108 In section 7(1) (appeal to magistrates’ court against conditions attached to | |
site licence), omit “acting for the petty sessions area in which the land is | |
situated”. | |
109 In section 8(2) (appeal to magistrates’ court against alteration to site licence | |
conditions), omit “acting for the petty sessions area in which the land to | 10 |
which the site licence relates is situated”. | |
110 In section 32(1)(c) (application to Scotland), omit “acting for the petty | |
sessions area in which the land is situated”. | |
Administration of Justice Act 1960 (c. 65) | |
111 In section 2(3) (power to extend time for applying for leave to appeal to | 15 |
House of Lords), omit “Except in a case involving sentence of death,”. | |
112 Omit section 3 (special provision as to capital cases). | |
Betting, Gaming and Lotteries Act 1963 (c. 2) | |
113 In section 10A(5) (notification of cancellation of betting office licence), in | |
paragraph (a) of the definition of “the proper officer of the court”, for | 20 |
“justices’ chief executive” substitute “designated officer”. | |
114 In section 11 (notification of cancellation of bookmaker’s or betting agency | |
permit)— | |
(a) renumber the subsection inserted by paragraph 34(3) of Schedule 13 | |
to the Access to Justice Act 1999 (c. 22) as subsection (5A), and | 25 |
(b) in that subsection, in paragraph (a) of the definition of “the proper | |
officer of the court”, for “justices’ chief executive” substitute | |
“designated officer”. | |
115 (1) Amend Schedule 1 (bookmaker’s permits, betting agency permits and | |
betting office licences) as follows. | 30 |
(2) In paragraph 1(a)— | |
(a) for “petty sessions” substitute “local justice”, and | |
(b) for “acting for” substitute “acting in”. | |
(3) In paragraph 2— | |
(a) in the definition of “appropriate authority”, for “petty sessions” | 35 |
substitute “local justice”, and | |
(b) in paragraph (a) of the definition of “the proper officer of the | |
appropriate authority”, for “chief executive to” substitute | |
“designated officer for”. | |
(4) In paragraph 20A(5), for the words from “for a petty” onwards substitute “in | 40 |
a local justice area, is a justices’ clerk designated by the Lord Chancellor in | |
relation to the committee”. | |
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Offices, Shops and Railway Premises Act 1963 (c. 41) | |
116 In section 46(11) (appeals relating to exemptions from Act), omit “acting for | |
the petty sessions area in which they are situate”. | |
Administration of Justice Act 1964 (c. 42) | |
117 For section 19(4)(a) (application of Sheriffs Act 1887 (c. 55) to Greater | 5 |
London) substitute— | |
“(a) in sections 7(1), 17, 23(3) and 26(1) any reference to a county | |
shall be construed as a reference to Greater London;”. | |
118 In section 26 (Inner and Middle Temples), omit “commissions of the peace,”. | |
Backing of Warrants (Republic of Ireland) Act 1965 (c. 45) | 10 |
119 In section 1(1) (endorsement of warrants issued in Republic of Ireland)— | |
(a) in paragraph (b), after “within the area” insert “in or”, and | |
(b) for “comprising the area for” substitute “which consists of or | |
includes the area in or for”. | |
120 In section 4(1) (issue of provisional warrant), in paragraph (c), after “within | 15 |
the area” insert “in or”. | |
121 In section 6(2) (discharge of persons where police of Republic no longer | |
require his delivery into their custody), after “justice of the peace acting” | |
insert “in or”. | |
122 In section 8(1) (rules of court), for paragraph (a) substitute— | 20 |
“(a) in England and Wales, Criminal Procedure Rules;”. | |
123 (1) Amend the Schedule (supplementary provisions as to proceedings under | |
section 2) as follows. | |
(2) For paragraphs 2 and 2A substitute— | |
“2 The court shall sit in open court and shall consist of— | 25 |
(a) at least two justices, or | |
(b) a District Judge (Magistrates’ Courts).” | |
(3) In paragraph 3, for “paragraphs 2 and 2A” substitute “paragraph 2”. | |
Compulsory Purchase Act 1965 (c. 56) | |
124 Omit section 1(5) (jurisdiction of justices of the peace). | 30 |
Public Works Loans Act 1965 (c. 63) | |
125 In section 2(1)(a) (loan to relevant authority)— | |
(a) in sub-paragraph (iii), after “applies;” insert “and”, and | |
(b) omit sub-paragraph (v) and “and” before it. | |
Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69) | 35 |
126 In each of the following provisions, for “Crown Court rules”, in each place it | |
occurs, substitute “Criminal Procedure Rules”— | |
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(a) section 2(7), (8) and (9) (issue of witness summons on application to | |
Crown Court), | |
(b) section 2B(2) and (3) (summons no longer needed), | |
(c) section 2C(2), (3), (5), (6) and (7) (application to make section 2 | |
summons ineffective), and | 5 |
(d) section 2E(3) and (4) (application to make section 2D summons | |
ineffective). | |
National Loans Act 1968 (c. 18) | |
127 In Schedule 4 (local loans), in paragraph 1, in paragraph (a) of the definition | |
of “local authority”— | 10 |
(a) in sub-paragraph (iii), after “applies;” insert “and”, and | |
(b) omit sub-paragraph (v) and “and” before it. | |
Criminal Appeal Act 1968 (c. 19) | |
128 In section 45 (construction of references to single judge), for “31, 31A” | |
substitute “31 to 31C”. | 15 |
129 Omit section 48 (appeal in capital cases). | |
130 Omit Schedule 4 (procedural and other modifications for capital cases). | |
Courts-Martial (Appeals) Act 1968 (c. 20) | |
131 Omit— | |
(a) section 55 (modification of provisions of Parts 2 and 3 for capital | 20 |
cases), and | |
(b) Schedule 2 (procedural and other modifications for capital cases). | |
Gaming Act 1968 (c. 65) | |
132 (1) Amend Schedule 2 (court order cancelling licence) as follows. | |
(2) In paragraph 1(1)(a), for “petty sessions” substitute “local justice”. | 25 |
(3) In paragraph 2(1), for “petty sessions” substitute “local justice”. | |
(4) In paragraph 48(5), for “justices’ chief executive” substitute “designated | |
officer”. | |
133 (1) Amend Schedule 3 (registration of members’ clubs in England and Wales) | |
as follows. | 30 |
(2) In— | |
(a) paragraph 12(1) (in both places), | |
(b) paragraph 13(1), | |
(c) paragraph 15(1) (in both places), | |
(d) paragraph 16(1), | 35 |
(e) paragraph 17(3) (in both places), | |
(f) paragraph 23, and | |
(g) paragraph 24(1) and (2), | |
for “chief executive to” substitute “designated officer for”. | |
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(3) In paragraph 17(4), for “justices’ chief executive” substitute “designated | |
officer”. | |
134 In Schedule 7 (registration for gaming by means of machines), in— | |
(a) paragraphs 3(1) and 4(1), | |
(b) paragraph 11(1) (in both places), | 5 |
(c) paragraph 11(2), | |
(d) paragraphs 13(1) and 14, | |
(e) paragraph 20(1) (in both places), and | |
(f) paragraphs 24 and 25(1) and (2), | |
for “chief executive to” substitute “designated officer for”. | 10 |
Children and Young Persons Act 1969 (c. 54) | |
135 In section 23AA (electronic monitoring of conditions of remand), in each of | |
subsections (4)(a) and (9), for “petty sessions area” substitute “local justice | |
area”. | |
136 In section 23A(2)(a) (court appearance of person arrested for breaking | 15 |
remand conditions), omit “for the petty sessions area in which he was | |
arrested”. | |
Taxes Management Act 1970 (c. 9) | |
137 In section 4(7) (power to appoint officers and staff for carrying out the | |
administrative work of the Special Commissioners), for “section 27 of the | 20 |
Courts Act 1971” substitute “section 2(1) of the Courts Act 2003”. | |
Administration of Justice Act 1970 (c. 31) | |
138 In section 41(5) (enforcement of orders for payment of costs and | |
compensation made before the appointed day), for “the magistrates’ court | |
for the petty sessions area” substitute “a magistrates’ court acting in the local | 25 |
justice area”. | |
Courts Act 1971 (c. 23) | |
139 Omit— | |
(a) section 27 (administrative and other court staff), | |
(b) section 28 (provision of accommodation), and | 30 |
(c) Schedule 3 (premises formerly used for business of abolished courts). | |
140 In section 52(3) (award of costs where information or complaint is not | |
proceeded with)— | |
(a) in paragraph (b), for “acting for any area” substitute “acting in any | |
local justice area”, and | 35 |
(b) for “for that area” substitute “acting in that area”. | |
Attachment of Earnings Act 1971 (c. 32) | |
141 In section 3(1)(c) (persons who may apply for an attachment of earnings | |
order), for “a justices’ chief executive, that justices’ chief executive” | |
substitute “the designated officer for a magistrates’ court, that officer”. | 40 |
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142 In section 6(7)(c) (collecting officer in case of order made by magistrates’ | |
court), for “justices’ chief executive for that court or for” substitute | |
“designated officer for that court or for”. | |
143 (1) Amend section 18 (collecting officer in case of order made by magistrates’ | |
court not to apply for certain orders etc.) as follows. | 5 |
(2) In subsection (1), for “A justices’ chief executive” substitute “A designated | |
officer for a magistrates’ court”. | |
(3) In subsections (2) and (3), for “a justices’ chief executive” substitute “the | |
designated officer for a magistrates’ court”. | |
144 In section 21(2)(a)(ii) (costs to be sum due), for “justices’ chief executive for | 10 |
the” substitute “designated officer for the magistrates’”. | |
145 In section 25(1) (interpretation), omit the definition of “rules of court” and | |
“and” before it. | |
Fire Precautions Act 1971 (c. 40) | |
146 In section 43(1) (interpretation), in the definition of “the court”, omit “acting | 15 |
for the petty sessions area in which they are situated”. | |
Immigration Act 1971 (c. 77) | |
147 In section 25D(6)(a) (court to which application may be made following | |
detention of ships, aircraft and vehicles), for sub-paragraphs (i) and (ii) | |
substitute— | 20 |
“(ia) if the arrested person has not been charged, or he has | |
been charged but proceedings for the offence have | |
not begun to be heard, a magistrates’ court;”. | |
148 (1) Amend section 28K (execution of search warrants issued to immigration | |
officers) as follows. | 25 |
(2) For subsection (9)(a), substitute— | |
“(a) if issued by a justice of the peace in England and Wales, to the | |
designated officer for the local justice area in which the justice | |
was acting when he issued the warrant;”. | |
(3) In subsection (10), for “justices’ chief executive” substitute “designated | 30 |
officer”. | |
149 (1) Amend Schedule 2 (administrative provisions about control on entry) as | |
follows. | |
(2) In paragraphs 23(1A)(a) and 31(3A)(a), for “justices’ chief executive” | |
substitute “designated officer”. | 35 |
(3) In paragraphs 23(3) and 31(4), for “purposes of the Justices of the Peace Act | |
1997 and, in particular section 60 of that Act, as being” substitute “purposes | |
of section 38 of the Courts Act 2003 (application of receipts of designated | |
officers) as being”. | |
(4) In paragraphs 24(2)(a) and 33(2)(a), after “hours, before” insert “in England | 40 |
and Wales, a justice of the peace, in Northern Ireland,”. | |
150 (1) Amend Schedule 3 (supplementary provisions about deportation) as | |
follows. | |
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