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Indictable Offences Act 1848 (c. 42) | |
33 In section 13 (English warrants may be backed in the Isles of Man, Guernsey, | |
Jersey, Alderney or Sark, and vice versa)— | |
(a) omit “any county, riding, division, liberty, city, borough, or place in” | |
(in both places), | 5 |
(b) for “and for the county or place into which such person shall escape | |
or go, or where he shall reside or be, or be supposed or suspected to | |
be,” substitute “England and Wales”, | |
(c) for “indorsing the same has jurisdiction” substitute “indorsing the | |
same is acting or has jurisdiction”, | 10 |
(d) for “issued such warrant or process shall have jurisdiction” | |
substitute “issued such warrant or process is acting or has | |
jurisdiction”, and | |
(e) for “had been apprehended within his jurisdiction” substitute “had | |
been apprehended in England or Wales or (as the case may be) | 15 |
within his jurisdiction”. | |
Evidence Act 1851 (c. 99) | |
34 In section 13(2)(a) (proof of conviction of defendant by copy of certified | |
record), for “justices’ chief executive” substitute “designated officer”. | |
Inclosure Act 1859 (c. 43) | 20 |
35 In section 4 (how damage to be assessed), for “for the county or riding or | |
other division or place within which” substitute “acting in the local justice | |
area in which”. | |
36 In section 6 (justices’ warrant for distress), for “of such county or riding, or | |
other district or place as aforesaid, shall, by warrant under their hands and | 25 |
seals,” substitute “acting in the local justice area shall by warrant”. | |
Ecclesiastical Courts Jurisdiction Act 1860 (c. 32) | |
37 In section 2 (offence of making a disturbance in churches, chapels, | |
churchyards etc.)— | |
(a) for “before two justices of the peace” substitute “by a magistrates’ | 30 |
court”, | |
(b) for “a penalty of not more than” substitute “a fine not exceeding”, | |
and | |
(c) for “for every such offence, or may, if the justices before whom he | |
shall be convicted think fit, instead of being subjected to any | 35 |
pecuniary penalty, be committed to prison for any time” substitute | |
“or to imprisonment for a term”. | |
38 In section 3 (power to arrest offenders and take them before a justice of the | |
peace), for “justice of the peace of the county or place where the said offence | |
shall have been so committed,” substitute “magistrates’ court”. | 40 |
39 Paragraphs 37 and 38 do not extend to Northern Ireland. | |
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Defence Act 1860 (c. 112) | |
40 (1) In section 47 (interpretation), omit the words from “The word “justices”” to | |
“acting together:”. | |
(2) This paragraph extends only to England and Wales. | |
Offences Against the Person Act 1861 (c. 100) | 5 |
41 In section 44 (if magistrates dismiss case of assault or battery, they must | |
make out certificate to that effect), omit “under their hands”. | |
42 In section 65 (justices may issue search warrants for explosive substances)— | |
(a) for “Any justice of the peace of any county or place in which” | |
substitute “Where”, | 10 |
(b) after “in this Act mentioned,” insert “a justice of the peace,”, and | |
(c) omit “under his hand and seal”. | |
43 Paragraphs 41 and 42 do not extend to Northern Ireland. | |
Poaching Prevention Act 1862 (c. 114) | |
44 (1) In section 1 (interpretation), omit from “; and the words “justice” and | 15 |
“justices”” onwards. | |
(2) This paragraph does not extend to Northern Ireland. | |
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”, | 20 |
(b) omit “England and”, and | |
(c) for “forfeit and pay any sum” substitute “be liable to a fine”. | |
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) | 25 |
47 In section 6(2)(a) (proof of conviction of witness by signed certificate), for | |
“justices’ chief executive” substitute “designated officer”. | |
Dockyard Ports Regulation Act 1865 (c. 125) | |
48 (1) In section 2 (interpretation), omit the words from “The term “justice”” to | |
“arises:”. | 30 |
(2) This paragraph does not extend to Northern Ireland. | |
49 In section 22 (jurisdiction of justice of the peace), for “Where any district” | |
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 | 35 |
magistrates’ court in England and Wales has jurisdiction over— | |
(a) any vessel which is near or passes near the shore, and | |
(b) every person on board the vessel or belonging to it, | |
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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 | |
1)— | 5 |
(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 | |
3 months), omit “or sued” and “, or such action shall be brought,”, | 10 |
(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 | |
than” substitute “be liable on summary conviction to a fine not | 15 |
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— | |
“In England and Wales— | 20 |
(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 | 25 |
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— | 30 |
(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) | 35 |
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”. | |
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Municipal Corporations Act 1882 (c. 50) | |
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) | 5 |
56 (1) In section 6(1) (inquiry into offences)— | |
(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 | 10 |
(c) for “the next petty sessions, or” substitute “a magistrates’ court”. | |
(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) | 15 |
58 In section 7(1) (declaration of office), for the words from “effect before” | |
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.” | 20 |
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— | 25 |
(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). | 30 |
(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.” | 35 |
(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 | 40 |
person acting under the authority of an enforcement officer.” | |
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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. | |
Local Government Act 1888 (c. 41) | 5 |
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) | |
65 The Behring Sea Award Act 1894 shall have effect in relation to England and | 10 |
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 | |
Courts in England and Wales (including magistrates’ courts) have | 15 |
jurisdiction— | |
(a) over any ship or boat which— | |
(i) is on or is lying or passing off the coast of England | |
and Wales, or | |
(ii) is in or near any bay, channel, lake, river or other | 20 |
navigable water on which any part of England and | |
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, | 25 |
as if the ship, boat or persons were in England and Wales.” | |
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”. | 30 |
Indictments Act 1915 (c. 90) | |
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 | 35 |
taken), omit “appointed for the same commission area”. | |
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”. | 40 |
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(3) In subsection (6A)— | |
(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 | 5 |
(b) in paragraph (c), 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””. | |
(4) Nothing in this paragraph is to be read as amending section 4 as modified in | |
relation to Northern Ireland by section 11. | 10 |
70 (1) In section 7(2) (power to make rules about proceedings under the Act), for | |
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) | 15 |
71 In section 33(4) (rules about service of documents on a corporation), omit “, | |
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 | 20 |
court of summary jurisdiction), for “court of summary jurisdiction” | |
substitute “magistrates’ court”. | |
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 | 25 |
court”. | |
(3) After subsection (10), insert— | |
“(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; | 30 |
(c) in relation to Northern Ireland, means a court of summary | |
jurisdiction.” | |
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”. | 35 |
(3) In subsection (1A), for “justices’ chief executive for” substitute “designated | |
officer for”. | |
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”. | 40 |
76 Omit section 101 (application of Summary Jurisdiction Acts). | |
77 In section 102(1) (appeals to Crown Court), for “court of summary | |
jurisdiction” substitute “magistrates’ court”. | |
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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”. | |
(2) Sub-paragraph (1) extends only to England and Wales. | 5 |
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” | |
onwards substitute “— | 10 |
(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.” | |
81 (1) Amend section 47 (removal to suitable premises of persons in need of care | 15 |
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”. | |
(3) After subsection (12) insert— | |
“(12A) In this section, “the court”— | 20 |
(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 | |
where the premises are situated.” | |
82 Omit section 65(c) (in application of Act to Scotland, references to court of | 25 |
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— | |
“(4) Criminal Procedure Rules may be made for authorising the | |
recommittal, in such cases and by such courts or justices as may be | 30 |
prescribed by the rules, of persons released from custody under this | |
section.” | |
Prevention of Damage by Pests Act 1949 (c. 55) | |
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 | 35 |
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” | |
substitute ““to a court of summary jurisdiction””. | |
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