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(2) Before subsection (1) insert— | |
“(A1) A person is guilty of an offence if he resists or intentionally obstructs | |
any person who— | |
(a) is an enforcement officer, or is acting under the authority of | |
an enforcement officer; and | 5 |
(b) is engaged in executing a writ issued from the High Court.” | |
(3) In subsection (3), for “an officer of a court” substitute “an enforcement | |
officer, a person acting under the authority of an enforcement officer or an | |
officer of a court (as the case may be)”. | |
(4) In subsection (5), after “uniform” insert “, an enforcement officer”. | 10 |
(5) For subsection (6), substitute— | |
“(6) In this section— | |
“enforcement officer” means an individual who is authorised to | |
act as an enforcement officer under the Courts Act 2003; | |
“officer of a court” means— | 15 |
(a) any sheriff, under sheriff, deputy sheriff, bailiff or | |
officer of a sheriff; and | |
(b) any bailiff or other person who is an officer of a | |
county court within the meaning of the County | |
Courts Act 1984.” | 20 |
(6) In the section heading, for “court officers executing process for possession | |
against unauthorised occupiers” substitute “enforcement officers and court | |
officers executing High Court or county court process”. | |
190 In section 48(1) (power to make rules as to furnishing of information by | |
prosecutor in criminal proceedings), for the words from “The power” to | 25 |
“include power to” substitute “Criminal Procedure Rules may”. | |
Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22) | |
191 In section 6(9) (restrictions on power to make order where respondent not | |
present at hearing), for “rules” substitute “rules of court”. | |
192 (1) Amend section 20ZA (variation of orders for periodical payments) as | 30 |
follows. | |
(2) In subsection (2), for “clerk to the justices for the petty sessions area for | |
which the court is acting” substitute “court”. | |
(3) In subsection (3)— | |
(a) for “the clerk” substitute “a justices’ clerk”, and | 35 |
(b) for “to the justices’ chief executive for the court” substitute “to the | |
designated officer for the court”. | |
(4) In subsection (10), for “the clerk to the justices” substitute “a justices’ clerk”. | |
193 In section 27 (refusal of order in case more suitable for High Court), for “for | |
the same petty sessions” substitute “in the same local justice”. | 40 |
194 In section 30(1) (jurisdiction to hear application for order under Part 1 of the | |
Act)— | |
(a) for “a magistrates’ courts committee” substitute “the Lord | |
Chancellor”, and | |
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(b) for the words from “at the” onwards substitute “it acts in, or is | |
authorised by the Lord Chancellor to act for, a local justice area in | |
which either the applicant or the respondent ordinarily resides at the | |
date of the making of the application”. | |
195 (1) Amend section 32 (enforcement of orders for payment of money) as follows. | 5 |
(2) In subsection (2), for “a justices’ chief executive” substitute “the designated | |
officer for a magistrates’ court”. | |
(3) In subsection (6), for “rules” substitute “rules of court”. | |
196 (1) Amend section 35 (orders for repayment of sums paid after cessation of | |
order by reason of marriage) as follows. | 10 |
(2) In subsection (7)— | |
(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 (8), for “, the officer designated by the Lord Chancellor or the | 15 |
justices’ chief executive” substitute “or the officer designated by the Lord | |
Chancellor”. | |
197 (1) Amend section 88 (interpretation) as follows. | |
(2) In subsection (1), omit the definition of “rules”. | |
(3) In subsection (4), for “for the same petty sessions” substitute “in the same | 20 |
local justice”. | |
Judicature (Northern Ireland) Act 1978 (c. 23) | |
198 (1) Amend Schedule 1 (appeals to House of Lords in certain criminal matters) | |
as follows. | |
(2) In paragraph 1(2), omit “Except in a case involving sentence of death,”. | 25 |
(3) Omit paragraph 2. | |
Protection of Children Act 1978 (c. 37) | |
199 (1) Amend section 4 (entry, search and seizure) as follows. | |
(2) In subsection (1), omit “in the petty sessions area for which he acts”. | |
(3) In subsection (3), for “for the same petty sessions area as the justice who | 30 |
issued the warrant” substitute “in the local justice area in which the articles | |
were seized”. | |
200 In section 5(1) (forfeiture of seized articles), for “for that petty sessions area” | |
substitute “acting in that local justice area”. | |
Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32) | 35 |
In section 4 (supplemental), in subsection (4)(a), for “justices’ chief | |
executive” substitute “designated officer”. | |
Magistrates’ Courts Act 1980 (c. 43) | |
201 Omit section 3 (offences committed on boundaries etc.). | |
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202 In section 6(5) (display of details of committal proceedings), for “justices’ | |
chief executive for” substitute “designated officer for”. | |
203 In section 12 (non-appearance of accused), in— | |
(a) subsection (1)(b), | |
(b) subsection (4) (in both places), and | 5 |
(c) subsection (6) (in both places), | |
for “justices’ chief executive for” substitute “designated officer for”. | |
204 (1) Amend section 12A (application of section 12 where accused appears) as | |
follows. | |
(2) In subsection (1), for “clerk of” substitute “designated officer for”. | 10 |
(3) In subsection (2)— | |
(a) for “clerk of” substitute “designated officer for”, and | |
(b) for “clerk” substitute “designated officer”. | |
205 (1) Amend section 14 (proceedings invalid where accused did not know of | |
them) as follows. | 15 |
(2) In subsection (1), for “justices’ chief executive for the court” substitute | |
“designated officer for the court”. | |
(3) In subsection (2), for “justices’ chief executive” substitute “designated | |
officer”. | |
206 In section 43(2) (enforcement of recognizance of a surety for person granted | 20 |
bail) , for “for the petty sessions” substitute “acting in the local justice”. | |
207 In section 47 (service of summons out of time after failure to prove service | |
by post) for “the rules” (in the first place where it occurs) substitute “rules of | |
court”. | |
208 (1) Amend section 59 (orders for periodical payment: means of payment) as | 25 |
follows. | |
(2) In subsection (3)(b), for “a justices’ chief executive” substitute “the | |
designated officer for the court or for any other magistrates’ court”. | |
(3) In subsection (8), for “a justices’ chief executive” substitute “the designated | |
officer for a magistrates’ court”. | 30 |
209 (1) Amend section 59A (orders for periodical payment: proceedings by justices’ | |
chief executive) as follows. | |
(2) In subsection (1)— | |
(a) for “a justices’ chief executive” substitute “the designated officer for | |
a magistrates’ court”, | 35 |
(b) for “the relevant justices’ chief executive” substitute “the relevant | |
designated officer”, and | |
(c) for “to that justices’ chief executive” substitute “to that designated | |
officer”. | |
(3) In subsection (2)— | 40 |
(a) for “a justices’ chief executive” substitute “the designated officer for | |
a magistrates’ court”, and | |
(b) for “the relevant justices’ chief executive for him” substitute “the | |
relevant designated officer for him”. | |
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(4) In subsection (3), for “the relevant justices’ chief executive, he” substitute | |
“the relevant designated officer, he”. | |
(5) In subsection (4)— | |
(a) for “a justices’ chief executive” substitute “the relevant designated | |
officer”, | 5 |
(b) for “justices’ chief executive cancelling” substitute “relevant | |
designated officer cancelling”, and | |
(c) for “justices’ chief executive shall” substitute “relevant designated | |
officer shall”. | |
(6) In subsection (7), for the definition of “the relevant justices’ chief executive” | 10 |
substitute— | |
““the relevant designated officer”, in relation to an order, | |
means— | |
(a) in a case where payments under the order are | |
required to be made to or through the designated | 15 |
officer for a magistrates’ court, the designated officer | |
for that magistrates’ court; | |
(b) in a case where such payments are required to be | |
made by any method of payment falling within | |
section 59(6) and the order was made by a | 20 |
magistrates’ court, the designated officer for that | |
magistrates’ court; and | |
(c) in a case where such payments are required to be | |
made by any method of payment falling within | |
section 59(6) and the order was not made by a | 25 |
magistrates’ court, the designated officer for the | |
magistrates’ court in which the order is registered;”. | |
(7) In the section heading, for “justices’ chief executive” substitute “designated | |
officer”. | |
210 (1) Amend section 59B(5) (interpretation of provisions relating to penalty for | 30 |
failing to comply with maintenance order) as follows. | |
(2) For the definition of “the relevant court” substitute— | |
““the relevant court”, in relation to an order, means— | |
(a) in a case where payments under the order are | |
required to be made to or through the designated | 35 |
officer for a magistrates’ court, that magistrates’ | |
court; | |
(b) in a case where such payments are required to be | |
made by any method of payment falling within | |
section 59(6) and the order was made by a | 40 |
magistrates’ court, that magistrates’ court; and | |
(c) in a case where such payments are required to be | |
made by any method of payment falling within | |
section 59(6) and the order was not made by a | |
magistrates’ court, the magistrates’ court in which the | 45 |
order is registered;”. | |
(3) In the definition of “relevant justice”, for “for the petty sessions area for” | |
substitute “acting in the local justice area in”. | |
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211 (1) Amend section 60 (revocation, variation, etc. of orders for periodical | |
payment) as follows. | |
(2) In subsection (4), omit “the clerk of”. | |
(3) In subsection (5)— | |
(a) for “the clerk” substitute “a justices’ clerk”, and | 5 |
(b) for “to the justices’ chief executive for the court” substitute “to the | |
designated officer for the court”. | |
(4) In subsection (10), for “the clerk of the court” substitute “a justices’ clerk”. | |
212 (1) In section 61(1) (periodical payments payable by one person under more | |
than one order), for “The power to make rules conferred by section 144 | 10 |
below shall, without prejudice to the generality of subsection (1) of that | |
section, include power to” substitute “Rules of court may”. | |
(2) In paragraph (b) of section 61(1)— | |
(a) for “a justices’ chief executive” substitute “the designated officer for | |
a magistrates’ court”, and | 15 |
(b) for “that justices’ chief executive” substitute “that designated | |
officer”. | |
213 In section 62(1)(ii) (proceedings for sums payable to child), for “justices’ | |
chief executive for” substitute “designated officer for”. | |
214 (1) Amend section 65(1) (proceedings which are family proceedings for | 20 |
purposes of Act) as follows. | |
(2) After the paragraph (n) inserted by paragraph 8(a) of Schedule 11 to the | |
Children Act 1989 (c. 41), insert— | |
“(na) section 30 of the Human Fertilisation and Embryology Act | |
1990;”. | 25 |
(3) Renumber the paragraph (n) inserted by paragraph 60 of Schedule 2 to the | |
Social Security (Consequential Provisions) Act 1992 (c. 6) as paragraph (nb). | |
215 In section 66(3) (composition of family proceedings courts), for the words | |
from “and section 67” onwards substitute ““lay justice” has the same | |
meaning as in the Courts Act 2003”. | 30 |
216 (1) Amend section 70 (jurisdiction of magistrates’ courts in inner London for | |
family proceedings) as follows. | |
(2) In subsection (1)— | |
(a) for “for an inner London petty sessions” substitute “acting in an | |
inner London local justice”, | 35 |
(b) for “for that” substitute “acting in that”, | |
(c) for “for any” substitute “acting in any”, and | |
(d) for “magistrates’ courts committee whose area consists of or includes | |
that petty sessions area” substitute “Lord Chancellor”. | |
(3) In subsection (2)— | 40 |
(a) for “for an inner London petty sessions” substitute “acting in an | |
inner London local justice”, and | |
(b) for “magistrates’ courts committee whose area consists of or includes | |
that petty sessions area so determine” substitute “Lord Chancellor so | |
determines”. | 45 |
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(4) In subsection (3), in the definition of “inner London petty sessions area”, for | |
““inner London petty sessions area” means any petty sessions” substitute | |
““inner London local justice area” means any local justice”. | |
217 In section 74(1) (reasons for decisions in family proceedings), for “The power | |
to make rules conferred by section 144 below shall, without prejudice to the | 5 |
generality of subsection (1) of that section, include power to” substitute | |
“Rules of court may”. | |
218 (1) Amend section 77 (postponement of issue of warrant) as follows. | |
(2) In subsection (5), for “for the petty sessions” substitute “in the local justice”. | |
(3) For subsection (6), substitute— | 10 |
“(6) Where such an application is referred to the court— | |
(a) the clerk of the court shall fix a time and place for the | |
application to be heard; and | |
(b) the designated officer for the court shall give the applicant | |
notice of that time and place.” | 15 |
219 In— | |
(a) section 78(4) (offence of removing impounded goods marked in | |
accordance with rules), and | |
(b) section 79(2) (reduction of period of detention on payment being | |
made in accordance with rules), | 20 |
for “the rules” substitute “rules of court”. | |
220 In section 82(5A) (notice of hearing to consider issue of warrant of | |
commitment for default in paying fine), for “justices’ chief executive for” | |
substitute “designated officer for”. | |
221 In section 84(1) (power to require statement of means) for “for the same petty | 25 |
sessions” substitute “in the same local justice”. | |
222 (1) Amend section 87 (enforcement of payment of fines by High Court and | |
county court) as follows. | |
(2) In subsection (1), for “justices’ chief executive for” substitute “designated | |
officer for”. | 30 |
(3) In subsection (3), for “justices’ chief executive” substitute “designated officer | |
for the magistrates’ court”. | |
(4) Omit subsection (4). | |
223 (1) Amend section 87A (fines imposed on companies) as follows. | |
(2) In subsection (1), for “justices’ chief executive for” substitute “designated | 35 |
officer for”. | |
(3) Omit subsection (2). | |
224 (1) Amend section 89 (transfer of fine order) as follows. | |
(2) In subsection (1)— | |
(a) after “Where a magistrates’ court” insert “in a local justice area”, | 40 |
(b) for “in any petty sessions area other than that for which the court | |
acted” substitute “in England and Wales”, and | |
(c) for “the petty sessions area in which it appears to the court that he is | |
residing;” substitute “another local justice area”. | |
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(3) In subsection (2)— | |
(a) for “justices’ chief executive for” (in both places) substitute | |
“designated officer for”, and | |
(b) for “for the petty sessions area” substitute “in the local justice area”. | |
(4) For subsection (3) substitute— | 5 |
“(3) A court by which functions in relation to any sum are for the time | |
being exercisable by virtue of a transfer of fine order may make a | |
further transfer of fine order with respect to that sum.” | |
225 In section 90(3) (transfer of fines to Scotland or Northern Ireland), for | |
“justices’ chief executive for” substitute “designated officer for”. | 10 |
226 (1) Amend section 91 (transfer of fines from Scotland and Northern Ireland) as | |
follows. | |
(2) In subsection (1)— | |
(a) for “in a specified petty sessions area in England and Wales, a | |
magistrates’ court acting for that area,” substitute “by a magistrates’ | 15 |
court in England and Wales, a magistrates’ court acting in the area in | |
which the person subject to the order resides,”, and | |
(b) for “justices’ chief executive for” substitute “designated officer for”. | |
(3) In subsection (3)— | |
(a) for “in a petty sessions area” substitute “by a magistrates’ court”, and | 20 |
(b) for “acting for that area” substitute “acting in the area in which the | |
person subject to the order resides”. | |
227 In section 93(5) (issue of warrant to arrest person defaulting on maintenance | |
order) for “for the same petty sessions” substitute “in the same local justice”. | |
228 In section 95(3) (instalments in case of non-English maintenance order), for | 25 |
“a justices’ chief executive” (in both places) substitute “the designated officer | |
for the court or for any other magistrates’ court”. | |
229 In section 97(1), omit— | |
(a) “for any commission area”, and | |
(b) “for that commission area”. | 30 |
230 (1) Amend section 97A (summons or warrant as to committal proceedings) as | |
follows. | |
(2) In subsection (1)— | |
(a) omit “for any commission area”, | |
(b) at the end of paragraph (a) insert “and”, and | 35 |
(c) omit paragraph (c) and “and” before it. | |
(3) In subsections (9), (10) and (11), for “chief executive to” substitute | |
“designated officer for”. | |
231 In section 99 (proof of non-payment of sum adjudged)— | |
(a) for “a justices’ chief executive” substitute “the designated officer for | 40 |
a magistrates’ court”, and | |
(b) for “the justices’ chief executive” (in both places) substitute “the | |
designated officer”. | |
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