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232 In section 107 (false statements in declaration proving service), for “the | |
rules” substitute “rules of court”. | |
233 In section 109(2) (notice to abandon an appeal), for “Crown Court rules” | |
substitute “rules of court”. | |
234 In section 114 (payment of recognisances and fees on case stated)— | 5 |
(a) for “the clerk of a magistrates’ court” substitute “a justices’ clerk”, | |
and | |
(b) for “justices’ chief executive” substitute “designated officer”. | |
235 (1) Amend section 116 (discharge of recognizance to keep the peace or be of | |
good behaviour etc.) as follows. | 10 |
(2) In subsection (1), omit “for any area to which this section applies”, the words | |
from “, if the complaint” to “for that area,” and “for that area” (in the second | |
place where it occurs). | |
(3) Omit subsection (3). | |
236 (1) Amend section 121 (constitution and place of sitting of court) as follows. | 15 |
(2) Omit subsection (3). | |
(3) For subsection (4), substitute— | |
“(4) Subject to the provisions of any enactment to the contrary, a | |
magistrates’ court must sit in open court if it is— | |
(a) trying summarily an information for an indictable offence, | 20 |
(b) trying an information for a summary offence, | |
(c) imposing imprisonment, | |
(d) hearing a complaint, or | |
(e) holding an inquiry into the means of an offender for the | |
purposes of section 82.” | 25 |
(4) In subsection (5), omit “, or sitting in an occasional court-house”. | |
237 In section 125(1) (warrants) for “the rules” substitute “rules of court”. | |
238 (1) Amend section 125B (execution of warrants by approved enforcement | |
agency) as follows. | |
(2) In subsection (2), for the words from “under” onwards substitute “by the | 30 |
Lord Chancellor”. | |
(3) After subsection (2), insert— | |
“(2A) The Lord Chancellor must maintain a register containing the names | |
of all persons and bodies approved by him under subsection (2) and | |
must make such arrangements as he considers appropriate for | 35 |
making the register available for inspection.” | |
(4) Omit subsection (3). | |
(5) In subsection (5)(d), for the words from “under” onwards substitute “by the | |
Lord Chancellor under subsection (2A)”. | |
(6) After subsection (5), insert— | 40 |
“(6) A decision by the Lord Chancellor to revoke the approval of a person | |
or body under subsection (2) does not have effect to revoke the | |
approval until the Lord Chancellor has informed the person or body | |
of the decision.” | |
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239 (1) Amend section 125C (disclosure of information for enforcing warrants) as | |
follows. | |
(2) In subsection (1)— | |
(a) for “a justices’ chief executive” substitute “the designated officer for | |
a magistrates’ court”, and | 5 |
(b) omit “appointed by, or member of the staff of, his magistrates’ courts | |
committee”. | |
(3) In subsection (2), in the definition of “a section 125A warrant” omit the | |
words from “and” onwards. | |
(4) In subsection (3), for paragraph (c) substitute— | 10 |
“(c) any justices’ clerk or other person appointed under section | |
2(1) of the Courts Act 2003.” | |
240 In section 126 (execution of certain warrants outside England and Wales)— | |
(a) for “Sections 12 to 14” substitute “Section 13(1) and (2)”, and | |
(b) in paragraph (a), for “those referred to in the said sections 12 to 14” | 15 |
substitute “indictable offences”. | |
241 Omit sections 137 and 138 (fees and remission of fees). | |
242 In section 139 (disposal of sums adjudged to be paid by conviction)— | |
(a) for “A justices’ chief executive” substitute “The designated officer for | |
a magistrates’ court”, and | 20 |
(b) for “section 60 of the Justices of the Peace Act 1997” substitute | |
“section 38 of the Courts Act 2003”. | |
243 Omit section 141 (clerks to justices). | |
244 (1) Amend section 144 (rule committee) as follows. | |
(2) In subsection (1), after “prescribing” insert “except in relation to— | 25 |
(a) any criminal cause or matter, or | |
(b) family proceedings,”, | |
and for “and justices’ chief executives” substitute “and designated officers | |
for magistrates’ courts”. | |
(3) In subsection (2), omit “the President of the Family Division of the High | 30 |
Court, the Senior District Judge (Chief Magistrate)”. | |
(4) In subsection (3), before paragraph (a) insert— | |
“(za) one District Judge (Magistrates’ Courts);”. | |
(5) Omit subsection (5). | |
245 (1) Amend section 145 (rules: supplementary provisions) as follows. | 35 |
(2) In subsection (1), omit paragraphs (aa), (f) and (i). | |
(3) Omit subsection (4). | |
246 Omit section 147 (occasional court-house). | |
247 In section 148(2) (power of magistrates’ courts to act where another may act), | |
for “for the same petty sessions” substitute “in the same local justice”. | 40 |
248 Omit section 149 (Isles of Scilly). | |
249 (1) Amend section 150(1) (interpretation) as follows. | |
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(2) Omit the definitions of “petty-sessional court-house”, “the register” and “the | |
rules”. | |
(3) In the definition of “prescribed”, for “the rules” substitute “rules of court”. | |
250 In section 152, for “the rules” substitute “rules of court”. | |
251 Omit section 153 (magistrates’ courts may sit on Sundays and public | 5 |
holidays). | |
252 In section 155(4) (extent of section 126 of 1980 Act), for “sections” substitute | |
“section”. | |
253 Omit Schedule 6 (fees). | |
Criminal Appeal (Northern Ireland) Act 1980 (c. 47) | 10 |
254 Omit— | |
(a) section 48 (appeal in capital cases), and | |
(b) Schedule 3 (procedural and other modifications for capital cases). | |
Highways Act 1980 (c. 66) | |
255 (1) Amend section 47 (power of magistrates’ court to declare that an | 15 |
unnecessary highway is not maintainable at public expense) as follows. | |
(2) In subsection (5), for “acting for the petty sessions for” substitute “assigned | |
to the local justice area in”. | |
(3) In subsection (6), for “chief executive to” substitute “designated officer for”. | |
256 (1) Amend section 116 (power of magistrates’ court to authorise stopping up or | 20 |
diversion of highway) as follows. | |
(2) In subsection (8)(b), for “for the same petty sessions” substitute “in the same | |
local justice”. | |
(3) In subsection (9), for “the clerk of the court” substitute “a justices’ clerk”. | |
Zoo Licensing Act 1981 (c. 37) | 25 |
257 In section 18(1) (appeals to magistrates’ courts), omit “acting for the petty | |
sessions area in which the zoo is situated”. | |
Supreme Court Act 1981 (c. 54) | |
258 (1) Amend section 8 (the Crown Court) as follows. | |
(2) For subsection (2), substitute— | 30 |
“(2) A justice of the peace is not disqualified from acting as a judge of the | |
Crown Court merely because the proceedings are not at a place | |
within the local justice area to which he is assigned or because the | |
proceedings are not related to that area in any other way.” | |
(3) In subsection (3), for “or any Circuit judge or Recorder” substitute “, Circuit | 35 |
judge, Recorder or District Judge (Magistrates’ Courts)”. | |
259 In section 9(6A) (Circuit judge and Recorder not to exercise powers of single | |
judge), after “31” insert “, 31B, 31C”. | |
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260 In section 75(1) (allocation of cases to different sorts of judges), for “and to a | |
Circuit judge or Recorder” substitute “, Circuit judge, Recorder or District | |
Judge (Magistrates’ Courts)”. | |
261 In— | |
(a) section 125 (copies of wills and grants), | 5 |
(b) section 126(1) (depositaries for wills of living persons), and | |
(c) section 134(2) (right to inspect power of attorney on payment of the | |
prescribed fee), | |
for “the prescribed fee” substitute “the fee prescribed by an order under | |
section 92 of the Courts Act 2003 (fees)”. | 10 |
262 Omit section 130 (fees to be taken in Supreme Court). | |
263 Omit sections 138, 138A and 138B (effect of writs of execution against | |
goods). | |
264 In section 151(1) (interpretation), in the definition of “prescribed”, omit | |
paragraph (b) and “and” before it. | 15 |
Betting and Gaming Duties Act 1981 (c. 63) | |
265 In paragraph 15(4A) of Schedule 1 (betting duties: notification of forfeiture | |
and cancellation of betting office licence), in paragraph (a) of the definition | |
of “proper officer of the court”, for “justices’ chief executive” substitute | |
“designated officer”. | 20 |
266 In paragraph 15(3)(a) of Schedule 4 (gaming machine licence duty: registers | |
of permits), for “for a petty sessions area, the chief executive to the justices” | |
substitute “in a local justice area, the designated officer for the committee”. | |
Civil Jurisdiction and Judgments Act 1982 (c. 27) | |
267 (1) Amend section 5 (recognition and enforcement of maintenance orders) as | 25 |
follows. | |
(2) In subsection (5B), 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’ | |
court”. | 30 |
(3) In subsection (8), for “justices’ chief executive” substitute “designated | |
officer”. | |
268 In section 15(3) (interpretation), for “for the same petty sessions area (or, in | |
Northern Ireland,” substitute “in the same local justice area (or, in Northern | |
Ireland, for the same”. | 35 |
Administration of Justice Act 1982 (c. 53) | |
269 In section 23(6)(a) (fees for deposit of wills), for “section 130 of the Supreme | |
Court Act 1981” substitute “section 92 of the Courts Act 2003”. | |
County Courts Act 1984 (c. 28) | |
270 In— | 40 |
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(a) section 66(4) (fees payable in respect of trial with jury proceedings in | |
a county court), | |
(b) section 80(2) (judge’s note on appeal—fee etc.), and | |
(c) section 95(4) (fees payable in respect of duties of brokers and | |
appraisers), | 5 |
for “the fees orders” substitute “an order under section 92 of the Courts Act | |
2003 (fees)”. | |
271 Omit— | |
(a) section 73 (register of judgments and orders), and | |
(b) section 73A (provision for register to be kept by body under contract | 10 |
to Lord Chancellor). | |
272 In section 98(1) (protection of district judge of county court selling goods | |
under execution without notice of claim by third party), for the words from | |
“(b) no person” to “execution debtor” substitute— | |
“(b) no person shall be entitled to recover against the district | 15 |
judge or other officer, or anyone lawfully acting under his | |
authority— | |
(i) for any sale of the goods, or | |
(ii) for paying over the proceeds prior to the receipt of a | |
claim to the goods, | 20 |
unless it is proved that the person from whom recovery is | |
sought had notice, or might by making reasonable inquiry | |
have ascertained, that the goods were not the property of the | |
execution debtor.” | |
273 (1) Amend section 99 (effect of warrants of execution) as follows. | 25 |
(2) In subsection (2)(b)— | |
(a) after “to” insert “an enforcement officer or other officer charged with | |
the execution of the writ”, and | |
(b) for “the sheriff” substitute “that person”. | |
(3) In subsection (4)— | 30 |
(a) before paragraph (a) insert— | |
“(za) “enforcement officer” means an individual who is | |
authorised to act as an enforcement officer under the | |
Courts Act 2003;”, and | |
(b) omit paragraph (b). | 35 |
274 For section 104 (information as to writs and warrants of execution), | |
substitute— | |
“104 Information as to writs and warrants of execution | |
(1) Where a writ against the goods of any person issued from the High | |
Court is delivered to an enforcement officer who is under a duty to | 40 |
execute the writ or to a sheriff, then on demand from the district | |
judge of a county court that person shall— | |
(a) in the case of an enforcement officer, by writing signed by | |
that officer or a person acting under his authority, and | |
(b) in the case of a sheriff, by writing signed by any clerk in the | 45 |
office of the under-sheriff, | |
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inform the district judge of the precise time the writ was delivered to | |
him. | |
(2) A bailiff of a county court shall on demand show his warrant to any | |
enforcement officer, any person acting under the authority of an | |
enforcement officer and any sheriff’s officer. | 5 |
(3) Any writing purporting to be signed as mentioned in subsection (1) | |
and the endorsement on any warrant issued from a county court | |
shall respectively be sufficient justification to any district judge, or | |
enforcement officer or sheriff, acting on it. | |
(4) In this section “enforcement officer” means an individual who is | 10 |
authorised to act as an enforcement officer under the Courts Act | |
2003.” | |
275 Omit section 128 (fees). | |
276 In section 147(1) (interpretation), omit the definition of “fees orders”. | |
Matrimonial and Family Proceedings Act 1984 (c. 42) | 15 |
277 Omit— | |
(a) section 40 (family proceedings rules), and | |
(b) section 41 (fees in family proceedings). | |
Building Act 1984 (c. 55) | |
278 In section 40(1) (appeal against section 36 notice), omit “acting for the petty | 20 |
sessions area in which is situated land on which there has been carried out | |
any work to which the notice relates”. | |
279 In section 55(1) (appeals), omit “acting for the petty sessions area in which is | |
situated land on which there will be, or there has been, carried out any work | |
to which the notice or certificate relates”. | 25 |
Police and Criminal Evidence Act 1984 (c. 60) | |
280 (1) Amend section 16 (execution of warrants) as follows. | |
(2) In subsection (10)(i), for “chief executive to the justices for the petty sessions | |
area for which he acts” substitute “designated officer for the local justice area | |
in which the justice was acting when he issued the warrant”. | 30 |
(3) In subsection (11), for “chief executive to the justices” substitute “designated | |
officer for the local justice area”. | |
281 (1) Amend section 46 (detention after charge) as follows. | |
(2) In subsection (2), for “for the petty sessions” substitute “in the local justice”. | |
(3) In subsection (3)— | 35 |
(a) for “for that area” substitute “in that area”, | |
(b) for “justices’ chief executive” substitute “designated officer”. | |
(4) In subsection (4)— | |
(a) for “for a petty sessions” substitute “in a local justice”, and | |
(b) for “for that area” substitute “in that area”. | 40 |
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(5) In subsection (5)— | |
(a) for “for that area” substitute “in that area”, and | |
(b) for “justices’ chief executive” substitute “designated officer”. | |
(6) In subsection (6)— | |
(a) for “the justices’ chief executive for a petty sessions” substitute “the | 5 |
designated officer for a local justice”, and | |
(b) for “the justices’ chief executive” substitute “the designated officer”. | |
(7) In subsection (7)— | |
(a) for “for the petty sessions” substitute “in the local justice”, and | |
(b) for “for any other petty sessions” substitute “in any other local | 10 |
justice”. | |
(8) In subsection (8), for “justices’ chief executive” substitute “designated | |
officer”. | |
282 In section 47(3A)(b) (date of first court appearance in bail cases), for | |
“justices’ chief executive for the relevant petty sessions” substitute | 15 |
“designated officer for the relevant local justice”. | |
283 In section 47A (early administrative hearings conducted by justices’ clerks), | |
for “the clerk to the justices for a petty sessions area” substitute “a justices’ | |
clerk”. | |
284 In section 73(3)(a) (proof of convictions and acquittals), for “justices’ chief | 20 |
executive” substitute “designated officer”. | |
285 In section 81(1) and (2) (advance notice of expert evidence in Crown Court), | |
for “Crown Court Rules” substitute “Criminal Procedure Rules”. | |
Prosecution of Offences Act 1985 (c. 23) | |
286 In section 7(4) (sending to Director of Public Prosecutions of details of cases | 25 |
which do not proceed)— | |
(a) for “every justices’ chief executive” substitute “the designated officer | |
for every magistrates’ court”, and | |
(b) for “a magistrates’ court for which he is the justices’ chief executive” | |
substitute “the magistrates’ court”. | 30 |
287 (1) Amend section 20 (regulations) as follows. | |
(2) Omit subsection (5). | |
(3) In subsection (6), for “and supplemental” substitute “, supplemental and | |
transitional”. | |
(4) In subsection (7), after “19(1)” insert “, 19A or 19B”. | 35 |
(5) In subsection (8)(a)(ii), for “a party to the proceedings” substitute “any | |
person”. | |
288 In section 21 (interpretation of Part 2), in subsection (4A)(b), for “, 19 and | |
19A” substitute “to 19B”. | |
289 (1) Amend section 23 (discontinuance of proceedings in magistrates’ courts) as | 40 |
follows. | |
(2) In subsections (3), (7) and (8), for “justices’ chief executive for” substitute | |
“designated officer for”. | |
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