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(3) In subsection (10), for “rules made under section 144 of the Magistrates’ | |
Courts Act 1980” substitute “Criminal Procedure Rules”. | |
Local Government Act 1985 (c. 51) | |
290 Omit section 99 (disqualification of justices). | |
291 In Schedule 13 (residuary bodies), omit paragraph 13(i). | 5 |
Transport Act 1985 (c. 67) | |
292 (1) Amend section 17 (London taxi and taxi driver licensing: appeals) as | |
follows. | |
(2) In subsections (2)(b) and (5), for “the appropriate” substitute “a | |
magistrates’”. | 10 |
(3) In subsection (10), omit the definition of “the appropriate court”. | |
Insolvency Act 1986 (c. 45) | |
293 In section 124(1) (application for winding up), for “a justices’ chief | |
executive” substitute “the designated officer for a magistrates’ court”. | |
294 (1) Amend section 183 (effect of execution or attachment) as follows. | 15 |
(2) In subsection (2)(b), for “sheriff” substitute “enforcement officer or other | |
officer charged with the execution of the writ”. | |
(3) In subsection (4), for the words from ““the sheriff”” onwards substitute | |
““enforcement officer” means an individual who is authorised to act as an | |
enforcement officer under the Courts Act 2003”. | 20 |
295 (1) Amend section 184 (duties of sheriff) as follows. | |
(2) In subsection (1), for “sheriff” substitute “enforcement officer, or other | |
officer, charged with execution of the writ or other process,”. | |
(3) In subsections (2), (3) and (4), for “sheriff”, in each place where it occurs, | |
substitute “enforcement officer or other officer”. | 25 |
(4) In subsection (6), for the words from ““the sheriff”” onwards substitute | |
““enforcement officer” means an individual who is authorised to act as an | |
enforcement officer under the Courts Act 2003.” | |
(5) In the section heading, for “sheriff” substitute “officers charged with | |
execution of writs and other processes”. | 30 |
296 (1) Amend section 346 (enforcement procedures) as follows. | |
(2) In subsections (2), (3)(b), (4) and (8)(b), for “sheriff”, in each place where it | |
occurs, substitute “enforcement officer”. | |
(3) In subsection (7), for “a sheriff” substitute “an enforcement officer”. | |
(4) After subsection (8), insert— | 35 |
“(9) In this section “enforcement officer” means an individual who is | |
authorised to act as an enforcement officer under the Courts Act | |
2003.” | |
297 (1) Amend section 347 (distress) as follows. | |
(2) In subsection (6), for “sheriff” substitute “enforcement officer,”. | 40 |
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(3) In subsection (7)— | |
(a) for “a sheriff” substitute “an enforcement officer”, and | |
(b) for “the sheriff” substitute “the enforcement officer”. | |
(4) After subsection (10), insert— | |
“(11) In this section “enforcement officer” means an individual who is | 5 |
authorised to act as an enforcement officer under the Courts Act | |
2003.” | |
298 In paragraph 12(1)(d) of Schedule B1 (application for administration order), | |
for “justices’ chief executive” substitute “designated officer”. | |
Company Directors Disqualification Act 1986 (c. 46) | 10 |
299 In— | |
(a) section 2(2)(c) (court which may make disqualification order on | |
conviction of indictable offence), | |
(b) section 5(2) (disqualification on summary conviction), | |
for “for the same petty sessions” substitute “in the same local justice”. | 15 |
Fire Safety and Safety of Places of Sport Act 1987 (c. 27) | |
300 In section 41 (interpretation), in the definition of “the court”, omit “acting for | |
the petty sessions area in which it is situated”. | |
Coroners Act 1988 (c. 13) | |
301 In— | 20 |
(a) sections 16(1)(a) (adjournment of inquest in event of criminal | |
proceedings), and | |
(b) section 17(1) (supplementary provisions), | |
for “justices’ chief executive for” substitute “designated officer for”. | |
Criminal Justice Act 1988 (c. 33) | 25 |
302 (1) Amend section 41 (power of Crown Court to deal with summary offence | |
where person committed for either way offence) as follows. | |
(2) For subsection (8), substitute— | |
“(8) If he does not plead guilty, the Crown Court may try him for the | |
offence, but may deal with him only in a manner in which a | 30 |
magistrates’ court could have dealt with him.” | |
(3) Omit subsection (9). | |
(4) In subsections (10) and (11)(a), for “justices’ chief executive for” substitute | |
“designated officer for”. | |
303 In section 67(1) (notification of fine imposed by coroner), for “justices’ chief | 35 |
executive for” substitute “designated officer for”. | |
Local Government Finance Act 1988 (c. 41) | |
304 In— | |
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(a) section 74(1)(c) (levies), and | |
(b) section 117(5)(c) (rates and precepts: abolition), | |
for “, combined fire authority, or magistrates’ courts committee” substitute | |
“or combined fire authority”. | |
Road Traffic Act 1988 (c. 52) | 5 |
305 In section 90(1)(a) (application to court for review of conduct of test), omit | |
“acting for the petty sessions area in which he resides”. | |
306 In section 100(1) (appeals relating to licences), omit “acting for the petty | |
sessions area in which he resides”. | |
307 In section 119(1) (appeal to sheriff)— | 10 |
(a) omit “acting for the petty sessions area in which the holder of or | |
applicant for the licence resides”, and | |
(b) for “he” substitute “the holder of or applicant for the licence”. | |
308 In section 133(1)(a) (review of examinations by magistrates’ court), for “the | |
magistrates’ court acting for the petty sessions area in which he resides” | 15 |
substitute “a magistrates’ court”. | |
Road Traffic Offenders Act 1988 (c. 53) | |
309 In section 7(2) (duty to produce licence), for “justices’ chief executive” | |
substitute “designated officer”. | |
310 In sections 8(a) and 25(2)(a) (notification of date of birth and sex), for “a | 20 |
justices’ chief executive” substitute “the designated officer for a magistrates’ | |
court”. | |
311 In section 26 (interim disqualification)— | |
(a) renumber the subsection inserted by paragraph 143(3) of Schedule 13 | |
to the Access to Justice Act 1999 (c. 22) as subsection (7A), and | 25 |
(b) in that subsection, for “justices’ chief executive” substitute | |
“designated officer”. | |
312 In section 27(5) (production of licence), for “justices’ chief executive” | |
substitute “designated officer”. | |
313 In section 52(3)(c) (fixed penalty notice), for “justices’ chief executive” | 30 |
substitute “designated officer for a magistrates’ court”. | |
314 (1) Amend section 69 (payment of fixed penalty) as follows. | |
(2) In subsection (1), for “justices’ chief executive” substitute “designated officer | |
for a magistrates’ court”. | |
(3) In subsection (4), for “justices’ chief executive or” substitute “designated | 35 |
officer or”. | |
315 In section 70(4)(a) (registration certificate), for “justices’ chief executive for | |
the petty sessions” substitute “designated officer for the local justice”. | |
316 (1) Amend section 71 (registration of sums payable in default) as follows. | |
(2) In subsection (1)— | 40 |
(a) for “a justices’ chief executive” substitute “the designated officer for | |
a local justice area”, | |
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(b) for “petty sessions area for which he is the justices’ chief executive” | |
substitute “local justice area for which he is the designated officer”, | |
(c) for “acting for” substitute “acting in”, | |
(d) for “other petty sessions” substitute “other local justice”, and | |
(e) for “justices’ chief executive for” substitute “designated officer for”. | 5 |
(3) In subsection (2)(c), for “justices’ chief executive for the petty sessions” | |
substitute “designated officer for the local justice”. | |
(4) In subsection (2A), for “executives” substitute “officers”. | |
(5) In subsection (6), for “justices’ chief executive for a petty sessions” substitute | |
“designated officer for a local justice”. | 10 |
317 In section 74(5) (provisions supplementary to sections 72 and 73)— | |
(a) for “petty sessions” substitute “local justice”, | |
(b) for “for that area” substitute “in that area”, and | |
(c) for “justices’ chief executive” substitute “designated officer”. | |
318 In section 75(6) (conditional offer of fixed penalty: fixed penalty clerk), for | 15 |
“justices’ chief executive” substitute “designated officer”. | |
319 (1) Amend section 82 (accounting for fixed penalties) as follows. | |
(2) In subsection (1), for “section 60 of the Justices of the Peace Act 1997 | |
(application of fines and fees)” substitute “section 38 of the Courts Act 2003 | |
(application of receipts of designated officers)”. | 20 |
(3) Omit subsections (2), (2A) and (3). | |
320 In section 83(1)(b) (powers in cases of deception), for “justices’ chief | |
executive or” substitute “designated officer or”. | |
321 In section 84(c) (power to make regulations prescribing duties), for “justices’ | |
chief executives” substitute “designated officers”. | 25 |
Dangerous Dogs Act 1989 (c. 30) | |
322 In section 1 (additional powers of court on complaint about dangerous dog) | |
in— | |
(a) subsection (4), and | |
(b) subsection (7), | 30 |
for “for the same petty sessions” substitute “in the same local justice”. | |
Extradition Act 1989 (c. 33) | |
323 In section 7(3) (rules as to service of documents), for “Rules under section | |
144 of the Magistrates’ Courts Act 1980” substitute “Criminal Procedure | |
Rules”. | 35 |
324 In section 8(1)(a) (issue of warrant of arrest for purposes of committal), for | |
“the Senior District Judge (Chief Magistrate) or another District Judge | |
(Magistrates’ Courts) designated by him” substitute “a District Judge | |
(Magistrates’ Courts) designated by the Lord Chancellor”. | |
325 In section 9(2) (proceedings for committal), for “the Senior District Judge | 40 |
(Chief Magistrate) or another District Judge (Magistrates’ Courts) | |
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designated by him” substitute “a District Judge (Magistrates’ Courts) | |
designated by the Lord Chancellor”. | |
326 In section 13(5)(a) (return to foreign states - supplementary), for “rules under | |
section 84 of the Supreme Court Act 1981” substitute “Criminal Procedure | |
Rules”. | 5 |
327 In section 14(2) (simplified procedure)— | |
(a) for “rules under section 144 of the Magistrates’ Courts Act 1980” | |
substitute “Criminal Procedure Rules”, and | |
(b) for the words from “without” to “include power to” substitute “those | |
rules may”. | 10 |
328 (1) Amend Schedule 1 (provisions deriving from Extradition Act 1870 (c. 52) | |
and associated enactments) as follows. | |
(2) In paragraph 4(2), for “the Senior District Judge (Chief Magistrate) or | |
another District Judge (Magistrates’ Courts) designated by him” substitute | |
“a District Judge (Magistrates’ Courts) designated by the Lord Chancellor”. | 15 |
(3) In paragraph 5(1)(a) and (3), for “the Senior District Judge (Chief | |
Magistrate), or another District Judge (Magistrates’ Courts) designated by | |
him,” substitute “a District Judge (Magistrates’ Courts) designated by the | |
Lord Chancellor”. | |
(4) In paragraph 9(2), for “rules under section 144 of the Magistrates’ Courts Act | 20 |
1980” substitute “Criminal Procedure Rules”. | |
(5) In paragraph 13 (1)(a), for “the Senior District Judge (Chief Magistrate) or | |
another District Judge (Magistrates’ Courts) designated by him” substitute | |
“a District Judge (Magistrates’ Courts) designated by the Lord Chancellor”. | |
329 (1) In paragraph 5 of Schedule 1A (adaptation of Act where 1995 Convention | 25 |
applies), amend inserted section 14A as follows. | |
(2) In subsection (4), for “rules under section 144 of the Magistrates’ Courts Act | |
1980” substitute “Criminal Procedure Rules”. | |
(3) In subsection (5)— | |
(a) for the words from “Without” to “includes power to” substitute | 30 |
“Criminal Procedure Rules may”, and | |
(b) for “a Senior District Judge (Chief Magistrate) or another District | |
Judge (Magistrates’ Courts) designated by him” substitute “a District | |
Judge (Magistrates’ Courts) designated by the Lord Chancellor”. | |
Football Spectators Act 1989 (c. 37) | 35 |
330 (1) Amend section 7 (disqualification for membership of scheme) as follows. | |
(2) In subsection (7)(b), for “justices’ chief executive for” substitute “designated | |
officer for”. | |
(3) In subsection (10), omit paragraph (c) and the word “and” preceding it. | |
331 In— | 40 |
(a) section 14G(3) (variation of banning order), | |
(b) section 14H(6) (termination of banning order), | |
for “for the same petty sessions” substitute “in the same local justice”. | |
332 (1) Amend section 18 (information) as follows. | |
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(2) In subsection (1), for “justices’ chief executive for” substitute “designated | |
officer for”. | |
(3) In subsection (2), for “clerk of” substitute “designated officer for”. | |
(4) Omit subsection (4). | |
333 In section 20(7) (appeal against refusal to grant exemption), omit “acting for | 5 |
the petty sessions area in which he resides”. | |
334 In section 22(2) (banning orders arising out of offences outside England and | |
Wales)— | |
(a) omit “for any area”, | |
(b) omit “who resides or is believed to reside in that area”, and | 10 |
(c) omit “for that area” (in both places). | |
Children Act 1989 (c. 41) | |
335 In section 83(5) (directions to submit particulars of proceedings), for | |
“justices’ chief executive for” substitute “designated officer for”. | |
336 (1) Amend section 97 (privacy for children involved in certain proceedings) as | 15 |
follows. | |
(2) In subsection (1), for “Rules made under section 144 of the Magistrates’ | |
Courts Act 1980” substitute “Family Procedure Rules”. | |
(3) Omit subsection (7)(a). | |
337 (1) Amend paragraph 6A of Schedule 1 (variation of orders for periodical | 20 |
payments etc. made by magistrates’ courts) as follows. | |
(2) In sub-paragraph (2), for “the clerk to the justices for the petty sessions area | |
for which the court is acting” substitute “a magistrates’ court acting in the | |
same local justice area as the court which made the order”. | |
(3) In sub-paragraph (3)— | 25 |
(a) for “the clerk” substitute “a justices’ clerk”, and | |
(b) for “to the justices’ chief executive for the court” substitute “to the | |
designated officer for the court”. | |
(4) In sub-paragraph (9), for “the clerk to the justices” substitute “a justices’ | |
clerk”. | 30 |
338 In paragraph 10(6) of Schedule 1 (jurisdiction to hear application for | |
alteration of maintenance agreement), for “at least one of the parties is | |
resident in the commission 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”. | 35 |
339 In paragraph 24(6) of Schedule 2 (signature as evidence of contribution | |
order), for “justices’ chief executive for” substitute “designated officer for”. | |
Local Government and Housing Act 1989 (c. 42) | |
340 In section 39(1) (authorities to which provisions about revenue accounts and | |
capital apply), omit paragraph (ea). | 40 |
341 In section 67(3) (authorities to which provisions about interests in companies | |
apply), omit paragraph (ga). | |
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Town and Country Planning Act 1990 (c. 8) | |
342 In section 217(2) (appeal to magistrates’ court against section 215 notice), | |
omit “acting for the petty sessions area in which the land in question is | |
situated”. | |
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) | 5 |
343 In section 47(4) (application to stay compulsory acquisition of listed building | |
in need of repair), omit “acting for the petty sessions area within which the | |
building is situated”. | |
344 In section 50(6) (application to court following direction for minimum | |
compensation), omit “acting for the petty sessions area in which the building | 10 |
is situated”. | |
Computer Misuse Act 1990 (c. 18) | |
345 Omit section 11(1) (magistrates’ court’s jurisdiction). | |
346 In section 16(10) (application to Northern Ireland)— | |
(a) for “for subsection (1) there shall be substituted” substitute “before | 15 |
subsection (2) there shall be inserted”, and | |
(b) omit “and subsection (6) shall be omitted”. | |
Courts and Legal Services Act 1990 (c. 41) | |
347 Omit section 1(12) (duty of Lord Chancellor to prepare annual reports as to | |
the business of the Supreme Court and county courts). | 20 |
348 In section 10(2) (family proceedings in magistrates’ courts), for “Rules made | |
under section 144 of the Magistrates’ Courts Act 1980” substitute “Family | |
Procedure Rules”. | |
Criminal Justice Act 1991 (c. 53) | |
349 In section 20A(2)(a) (official request for statement of financial | 25 |
circumstances), for “justices’ chief executive for” substitute “designated | |
officer for”. | |
350 Omit sections 76 to 78 (court security). | |
351 (1) Amend section 92 (interpretation of Part 4) as follows. | |
(2) In subsection (1), omit the definitions of “court-house” and “court security | 30 |
officer”. | |
(3) Omit subsection (2). | |
Dangerous Dogs Act 1991 (c. 65) | |
352 In section 4 (destruction and disqualification orders)— | |
(a) in subsection (6), and | 35 |
(b) in subsection (9)(d), | |
for “for the same petty sessions” substitute “in the same local justice”. | |
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