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Courts Bill [HL]


Courts Bill [HL]
Schedule 8 — Minor and consequential amendments

    115

 

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

Courts Act 1971” substitute “section 2(1) of the Courts Act 2003”.

Administration of Justice Act 1970 (c. 31)

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  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

justice area”.

Courts Act 1971 (c. 23)

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  139      Omit—

              (a)             section 27 (administrative and other court staff),

              (b)             section 28 (provision of accommodation), and

              (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

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proceeded with)—

              (a)             in paragraph (b), for “acting for any area” substitute “acting in any

local justice area”, and

              (b)             for “for that area” substitute “acting in that area”.

Attachment of Earnings Act 1971 (c. 32)

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  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”.

  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

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“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.

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

officer for a magistrates’ court”.

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          (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

the” substitute “designated officer for the magistrates’”.

  145               In section 25(1) (interpretation), omit the definition of “rules of court” and

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“and” before it.

Fire Precautions Act 1971 (c. 40)

  146      In section 43(1) (interpretation), in the definition of “the court”, omit “acting

for the petty sessions area in which they are situated”.

 

 

Courts Bill [HL]
Schedule 8 — Minor and consequential amendments

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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—

                           “(ia)                             if the arrested person has not been charged, or he has

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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.

          (2)         For subsection (9)(a), substitute—

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                    “(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

officer”.

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  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”.

          (3)         In paragraphs 23(3) and 31(4), for “purposes of the Justices of the Peace Act

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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

and Wales, a justice of the peace, in Northern Ireland,”.

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  150     (1)      Amend Schedule 3 (supplementary provisions about deportation) as

follows.

          (2)         After paragraph 6(2) insert—

                           “(2A)                                                      Where the Crown Court directed release, the appropriate court is

that court or a magistrates’ court.”

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          (3)         In paragraph 6(3), omit “the Crown Court or” and “commission area or”.

          (4)         In paragraph 8(1)—

              (a)             for “England or Wales or” substitute “England or Wales in pursuance

of paragraph 7 above shall be brought as soon as practicable and in

any event within twenty-four hours after his arrest before a justice of

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the peace in England or Wales, and a person arrested in”;

              (b)             omit “area or”.

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

  151      In section 7(5B) (power of magistrates’ court on confirming provisional

order made in reciprocating country), for “a justices’ chief executive” (in

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both places) substitute “the designated officer for the court or for any other

magistrates’ court in England and Wales”.

  152     (1)      Amend section 8 (enforcement of maintenance order registered in United

Kingdom court) as follows.

 

 

Courts Bill [HL]
Schedule 8 — Minor and consequential amendments

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

officer”.

          (3)      In subsection (4A), 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”.

  153      In section 9(1ZA) (variation and revocation of maintenance order registered

in UK court)—

              (a)             in paragraph (a), in the subsection (3A) to be regarded as inserted in

section 60 of the 1980 Act, for “a justices’ chief executive” (in both

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places) substitute “the designated officer for the court or for any

other magistrates’ court”,

              (b)             in paragraph (b), 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

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magistrates’ court”, and

              (c)             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””.

  154      In section 17(4) (proceedings in magistrates’ courts)—

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              (a)             for “for the same petty sessions area” substitute “in the same local

justice area”, and

              (b)             after “Northern Ireland,” insert “acting for the same”.

  155     (1)                        Amend section 18 (provision that may be made by magistrates’ courts rules)

as follows.

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          (2)                                                                     In subsection (1)—

              (a)             for the words preceding paragraph (a) substitute “Rules of court may

make provision with respect to—”;

              (b)             in paragraph (a), for “for a particular petty sessions area” substitute

“in a particular local justice area”, and for “for such other petty

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sessions area” substitute “in such other local justice area”.

          (3)               In subsection (1A), for “rules made under section 144 of the Magistrates’

Courts Act 1980” substitute “rules of court”.

  156               In section 21(1) (interpretation of Part 1), in the definition of “prescribed”,

omit—

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              (a)             “in England and Wales or”,

              (b)             “by rules made under section 144 of the Magistrates’ Courts Act 1980

or”, and

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

  157      In section 23(6) (maintenance orders registered in High Court under

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

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

  158      In section 26(6) (application for recovery of maintenance in convention

country)—

              (a)             in paragraph (a), for “justices’ chief executive for the petty sessions

45

area” substitute “designated officer for the local justice area in which

the applicant is residing”, and

 

 

Courts Bill [HL]
Schedule 8 — Minor and consequential amendments

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              (b)             in paragraph (b), after “district” insert “in which the applicant is

residing”.

  159     (1)      Amend section 27B (sending application to appropriate magistrates’ court)

as follows.

          (2)      In subsection (1), for “justices’ chief executive for a magistrates’ court acting

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for the petty sessions” substitute “designated officer for a magistrates’ court

which is acting in the local justice”.

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

officer for”.

          (4)      For subsection (4) substitute—

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              “(4)                If the designated officer for a court to whom the application is sent

under this section is satisfied that the respondent is residing within

another local justice area, he shall send the application and

accompanying documents to the designated officer for a magistrates’

court acting in that other area and shall inform the Lord Chancellor

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that he has done so.”

          (5)      In subsection (5), for “justices’ chief executive for” substitute “designated

officer for”.

  160     (1)      Amend section 27C (application for recovery of maintenance in England and

Wales) as follows.

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          (2)      In subsection (4), 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 (7), for “justices’ chief executive for” substitute “designated

officer for”.

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  161      In section 32(2A) (transfer of orders), for “justices’ chief executive” substitute

“designated officer”.

  162      In section 34(3)(a) (application from abroad to vary registered order), for

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

  163     (1)      Amend section 34A (variation of orders by magistrates’ courts) as follows.

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          (2)      In subsection (3), 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 (4)—

              (a)             for “a justices’ chief executive” substitute “the designated officer for

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the court or for any other magistrates’ court in England and Wales”,

and

              (b)             omit “the clerk of”.

          (4)      In subsection (5), for “the clerk” substitute “a justices’ clerk”.

  164      In section 47(3) (construction of references to the jurisdiction of a court), for

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the words from “construed in relation” onwards substitute “construed—

                    (a)                      in relation to a magistrates’ court in England and Wales as a

reference to the local justice area in which the court acts, and

                    (b)                      in relation to a magistrates’ court in Northern Ireland as a

reference to the petty sessions district for which the court

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acts.”

 

 

Courts Bill [HL]
Schedule 8 — Minor and consequential amendments

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Civil Evidence Act 1972 (c. 30)

  165               Omit section 2(8) (power to make rules of court under section 2 is without

prejudice to other such powers).

Criminal Justice Act 1972 (c. 71)

  166      In section 51(4) (execution of process between England and Wales and

5

Scotland), for “by virtue of section 45(1) of the Justices of the Peace Act 1997,

as it has” substitute “by virtue of section 28(1) of the Courts Act 2003, as it

has”.

Administration of Justice Act 1973 (c. 15)

  167               In section 5 (consequential) omit “Paragraph 7 of”.

10

  168               In Schedule 1 (justices of the peace: consequential re-enactments and

amendments), omit paragraphs 7 to 7B and 10(1).

Matrimonial Causes Act 1973 (c. 18)

  169               In section 35(3) (jurisdiction to hear application for alteration of maintenance

agreement), for “at least one of the parties is resident within the commission

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area for which the court is appointed” substitute “the court acts in, or is

authorised by the Lord Chancellor to act for, a local justice area in which at

least one of the parties is resident”.

  170     (1)      Amend section 38 (orders for repayment of sums paid after cessation of

periodical payments order by reason of remarriage) as follows.

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          (2)      In subsection (6)—

              (a)             for “A justices’ chief executive” substitute “The designated officer for

a magistrates’ court”, and

              (b)             for “the justices’ chief executive” substitute “the designated officer”.

          (3)      In subsection (7), for “a justices’ chief executive” substitute “the designated

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officer for a magistrates’ court”.

Breeding of Dogs Act 1973 (c. 60)

  171      In section 3(9) (application to terminate disqualification), for “for the same

petty sessions” substitute “in the same local justice”.

Juries Act 1974 (c. 23)

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  172                        In—

              (a)             section 9(3) (appeal against refusal to excuse from jury service), and

              (b)             section 9A(3) (appeal against refusal to defer jury service),

           for “Crown Court rules” substitute “Criminal Procedure Rules”.

  173               In section 14 (views by jurors), for “Crown Court rules, and rules of court for

35

civil cases,” substitute “Criminal Procedure Rules and Civil Procedure

Rules”.

  174      In Schedule 1 (jury service: ineligibility, disqualification and excusal), in

Group B, omit “Justices’ chief executives,”.

 

 

Courts Bill [HL]
Schedule 8 — Minor and consequential amendments

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Friendly Societies Act 1974 (c. 46)

  175               For section 102 (jurisdiction of magistrates’ courts) substitute—

       “102            Jurisdiction of magistrates’ courts in Northern Ireland

              (1)             In Northern Ireland, a registered society or branch or any officer

thereof may be prosecuted for any summary offence under this Act

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before a magistrates’ court acting for the county court division in

which the registered office of the society or branch is situated.

              (2)             Subsection (1) is without prejudice to the provisions of the

Magistrates’ Courts (Northern Ireland) Order 1981 as to the

jurisdiction of a magistrates’ court.”

10

Solicitors Act 1974 (c. 47)

  176     (1)      Amend section 38 (circumstances in which solicitor who is justice of the

peace may not act as solicitor) as follows.

          (2)      In subsection (1), for “for any area, or for any partner of his, to act in

connection with proceedings before any of those justices” substitute

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“assigned to any local justice area, or for any partner of his, to act in

connection with proceedings before any justice of the peace acting in that

area”.

          (3)      Omit subsections (2) and (3).

          (4)      In subsection (3A)—

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              (a)             for “for any petty sessions” substitute “in any local justice”, and

              (b)             for “acting for” substitute “acting in”.

Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 34)

  177               In section 7 (rules of court)—

              (a)             for the words from “The power” to “1981 or” substitute “Civil

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Procedure Rules or rules of court under”, and

              (b)             for “shall include power to make rules of court under” substitute

“may make provision”.

Salmon and Freshwater Fisheries Act 1975 (c. 51)

  178      In paragraph 14 of Schedule 4 (offences: delivery of licences and certificates

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of conviction), for “justices’ chief executive” substitute “designated officer”.

Safety of Sports Grounds Act 1975 (c. 52)

  179      In section 17(1) (interpretation), in the definition of “the court”, omit “acting

for the petty sessions area in which they are situated”.

Bail Act 1976 (c. 63)

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  180               In section 2 (definitions), omit the definitions of “Crown Court rules”,

“magistrates’ courts rules” and “Supreme Court rules”.

 

 

Courts Bill [HL]
Schedule 8 — Minor and consequential amendments

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  181               In section 3AA (electronic monitoring of compliance with bail conditions),

in each of subsections (4)(a) and (12), for “petty sessions area” substitute

“local justice area”.

  182               In section 5(10) (meaning of “prescribed” in section 5), for “Supreme Court

rules, Courts-Martial Appeal rules, Crown Court rules or magistrates’

5

courts rules” substitute “Civil Procedure Rules, Courts-Martial Appeal rules

or Criminal Procedure Rules”.

  183     (1)                        Amend section 5B (reconsideration of decisions granting bail) as follows.

          (2)                        In subsection (8), omit “for the petty sessions area in which he was arrested”.

          (3)                        In subsection (9), for “Magistrates’ court rules” substitute “Criminal

10

Procedure Rules”.

  184      In section 6(9)(c)(i) (certification of copy of record), for “justices’ chief

executive” substitute “designated officer for the court”.

  185      In section 7(4)(a) (appearance before justice following arrest for absconding

or breaking bail conditions), omit “for the petty sessions area in which he

15

was arrested”.

  186     (1)                        Amend section 8 (bail with sureties) as follows.

          (2)                        In subsection (4)—

              (a)             in paragraph (a), for “magistrates’ courts rules” substitute “Criminal

Procedure Rules”,

20

              (b)             in paragraph (b), for “Crown Court rules” substitute “Criminal

Procedure Rules”,

              (c)             in paragraph (c), for “Supreme Court rules” substitute “Civil

Procedure Rules or Criminal Procedure Rules”, and

              (d)             for “Supreme Court rules, Crown Court rules, Courts-Martial

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Appeal rules or magistrates’ courts rules” substitute “Civil

Procedure Rules, Criminal Procedure Rules or Courts-Martial

Appeal rules”.

          (3)                        In subsection (5)(b), omit “for the petty sessions area in which he resides”.

Race Relations Act 1976 (c. 74)

30

  187     (1)      Amend Schedule 1A (bodies subject to general statutory duty) as follows.

          (2)      In Part 1, omit paragraph 45.

          (3)      In Part 2, under the heading “Regulatory, audit and inspection”—

              (a)             insert in the appropriate place “Her Majesty’s Inspectorate of Court

Administration”, and

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              (b)             omit “Her Majesty’s Magistrates’ Courts Service Inspectorate”.

Administration of Justice Act 1977 (c. 38)

  188               Omit section 22 (membership of rule committees).

Criminal Law Act 1977 (c. 45)

  189     (1)      Amend section 10 (obstruction of court officers executing process for

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possession against unauthorised occupiers) as follows.

 

 

 
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