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Social Security Administration Act 1992 (c. 5) | |
353 In section 107 (recovery of expenditure on income support)— | |
(a) in subsections (5)(c) and (9), for “the clerk to the justices for the petty | |
sessions area for which the court is acting” substitute “a justices’ | |
clerk”, | 5 |
(b) in subsections (5) and (11), for “to the justices’ chief executive for the | |
court” substitute “to the designated officer for the court”, and | |
(c) in subsection (15), for the definition of “court” substitute— | |
““court” (where it occurs other than in the expression | |
“magistrates’ court”) means in England and Wales a | 10 |
magistrates’ court, and in Scotland the sheriff;”. | |
354 In section 121(1) (unpaid contributions - supplementary)— | |
(a) in paragraph (a), for “rules under section 144 of that Act” substitute | |
“Criminal Procedure Rules”, and | |
(b) in paragraph (b), for “justices’ chief executive for” substitute | 15 |
“designated officer for”. | |
Local Government Finance Act 1992 (c. 14) | |
355 In section 19(3) (exclusion of Crown exemption), omit paragraph (ea). | |
Friendly Societies Act 1992 (c. 40) | |
356 For section 110 (jurisdiction of magistrates’ courts) substitute— | 20 |
“110 Jurisdiction of magistrates’ courts in Northern Ireland | |
(1) In Northern Ireland, a friendly society or an officer of a friendly | |
society may be prosecuted for a summary offence under this Act | |
before a magistrates’ court acting for the county court division in | |
which the registered office of the society is situated. | 25 |
(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.” | |
Charities Act 1992 (c. 41) | |
357 In section 71(3) (appeals), omit from “and references” onwards. | 30 |
Protection of Badgers Act 1992 (c. 51) | |
358 In section 13 (powers of court where dog used or present at commission of | |
offence)— | |
(a) in subsection (5), and | |
(b) in subsection (9)(c), | 35 |
for “for the same petty sessions” substitute “in the same local justice”. | |
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Tribunals and Inquiries Act 1992 (c. 53) | |
359 In Schedule 1 (tribunals under direct supervision of Council on Tribunals), | |
omit the entry relating to a person appointed under section 54(6) of the | |
Justices of the Peace Act 1997 (c. 25). | |
Pension Schemes Act 1993 (c. 48) | 5 |
360 In section 68(1)(b) (receipt of statement of admission of failure to pay | |
premiums), for “justices’ chief executive for” substitute “designated officer | |
for”. | |
Vehicle Excise and Registration Act 1994 (c. 22) | |
361 In— | 10 |
(a) section 51(3)(b)(i) (meaning of “appropriately proved”), and | |
(b) section 55(2)(a)(ii) (meaning of “appropriately proved”), | |
for “rules under section 144 of the Magistrates’ Courts Act 1980” substitute | |
“Criminal Procedure Rules”. | |
Value Added Tax Act 1994 (c. 23) | 15 |
362 In section 82(3) (power to appoint officers and staff for carrying out the | |
administrative work of tribunals in England and Wales), for “section 27 of | |
the Courts Act 1971” substitute “section 2(1) of the Courts Act 2003”. | |
Drug Trafficking Act 1994 (c. 37) | |
363 In section 55(7) (power to make rules about orders under section 55), for | 20 |
“Crown Court Rules” substitute “Criminal Procedure Rules”. | |
Road Traffic (New Drivers) Act 1995 (c. 13) | |
364 In paragraph 3(3A) of Schedule 1 (test certificate not previously supplied), | |
for “justices’ chief executive” substitute “designated officer”. | |
Merchant Shipping Act 1995 (c. 21) | 25 |
365 In section 68(4A) (particulars of fine for not co-operating with inquiry into | |
fitness of seaman)— | |
(a) for “(1)” substitute “(4)”, and | |
(b) for “justices’ chief executive” substitute “designated officer”. | |
Criminal Appeal Act 1995 (c. 35) | 30 |
366 In section 22 (meaning of public body etc.), omit subsection (5). | |
Disability Discrimination Act 1995 (c. 50) | |
367 (1) Amend section 38 (appeal against refusal of exemption certificate) as | |
follows. | |
(2) In subsection (1), for “the appropriate” substitute “a magistrates’”. | 35 |
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(3) Omit subsection (3). | |
Reserve Forces Act 1996 (c. 14) | |
368 In paragraph 7(3A) of Schedule 2 (fee payable on delivery into military, air- | |
force or naval custody of person dealt with by court of summary jurisdiction | |
as illegally absent), for “justices’ chief executive” substitute “designated | 5 |
officer”. | |
369 In paragraph 9(4) of Schedule 3 (certificate as proof of outcome of civil trial), | |
for “justices’ chief executive” substitute “designated officer”. | |
Police Act 1996 (c. 16) | |
370 In section 5(2) (consultation before reduction in size of police authority)— | 10 |
(a) at the end of paragraph (a), insert “and”, and | |
(b) omit paragraph (c) and “and” before it. | |
371 In section 5C(3) (consultation before reduction in size of Metropolitan Police | |
Authority)— | |
(a) at the end of paragraph (a), insert “and”, and | 15 |
(b) omit paragraph (c) and “and” before it. | |
Criminal Procedure and Investigations Act 1996 (c. 25) | |
372 (1) Amend section 19 (rules of court) as follows. | |
(2) In subsection (1), for the words from the beginning to “sections” substitute | |
“The power to make Criminal Procedure Rules”. | 20 |
(3) In subsection (3), for “Rules made under section 144 of the Magistrates’ | |
Courts Act 1980” substitute “Criminal Procedure Rules made”. | |
373 In section 20(3) (rules as to disclosure), for the words from “Without” to “that | |
section” substitute “The power to make Criminal Procedure Rules”. | |
374 In section 33 (Crown Court Rules)— | 25 |
(a) in subsections (1) and (2), for “Crown Court Rules” substitute | |
“Criminal Procedure Rules”, and | |
(b) for the section heading, substitute “Criminal Procedure Rules”. | |
375 In paragraph 4 of Schedule 2 (rules about statements and depositions), for | |
the words from “Without prejudice” to “includes power to” substitute | 30 |
“Criminal Procedure Rules may”. | |
376 In paragraph 13(2) of Schedule 4 (modification of section 20(3) in relation to | |
Northern Ireland), for “that section” substitute “Rules”. | |
Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11) | |
377 In section 9(9) (application for termination of disqualification), for “for the | 35 |
same petty sessions” substitute “in the same local justice”. | |
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Youth Justice and Criminal Evidence Act 1999 (c. 23) | |
378 In each of the following provisions, for “rules of court” substitute “Criminal | |
Procedure Rules”— | |
(a) section 20(6) (applications about special measures directions); | |
(b) section 27(4)(b) (video recorded evidence in chief); | 5 |
(c) section 28(2) and (4) (video recorded cross-examination or re- | |
examination); | |
(d) section 29(3) and (5) (examination of witness through intermediary); | |
(e) section 37(5) (applications about directions under section 36); | |
(f) section 38(6) and (7) (defence representation for purposes of cross- | 10 |
examination); | |
(g) section 43(3) (procedure on applications under section 41); | |
(h) section 65(1) (power to make rules for purposes of Act). | |
379 In section 24 (evidence by live link), omit subsections (5) to (7). | |
380 In section 44(11) (restrictions on reporting of offences), for “rules of court” | 15 |
substitute “Criminal Procedure Rules in England and Wales, or rules of | |
court in Northern Ireland”. | |
381 Omit section 65(2) (meaning of “rules of court”). | |
Terrorism Act 2000 (c. 11) | |
382 (1) Amend Schedule 4 (forfeiture orders) as follows. | 20 |
(2) In paragraph 4(1), for “justices’ chief executive” (in each place) substitute | |
“designated officer”. | |
(3) In paragraph 13(5)(b), for “a justices’ chief executive” substitute “the | |
designated officer for a magistrates’ court”. | |
(4) In paragraph 46(2)(a), for “section 60 of the Justices of the Peace Act 1997 | 25 |
(application of fines, etc.)” substitute “section 38 of the Courts Act 2003 | |
(application of receipts of designated officers)”. | |
383 (1) Amend Schedule 5 (terrorist investigations: information) as follows. | |
(2) In paragraph 10(2), for “Crown Court Rules” substitute “Criminal Procedure | |
Rules”. | 30 |
(3) In paragraph 18, after paragraph (d) insert— | |
“(dd) the reference in paragraph 10(2) to “Criminal Procedure | |
Rules” shall be taken as a reference to Crown Court | |
Rules,”. | |
384 (1) Amend paragraph 4 of Schedule 6 (procedure on application for provision | 35 |
of financial information) as follows. | |
(2) In sub-paragraph (1), for “Crown Court Rules” substitute “Criminal | |
Procedure Rules”. | |
(3) After sub-paragraph (2) insert— | |
“(3) Crown Court Rules may make provision about the procedure for | 40 |
an application under paragraph 1.” | |
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385 In paragraph 29(4)(a) of Schedule 8 (extension of detention: meaning of | |
judicial authority), omit “the Senior District Judge (Chief Magistrate) or his | |
deputy, or”. | |
Freedom of Information Act 2000 (c. 36) | |
386 In Schedule 1 (public authorities), omit paragraph 34. | 5 |
Criminal Justice and Court Services Act 2000 (c. 43) | |
387 In paragraph 2(2) of Schedule 1 (constitution of local probation boards), for | |
“or a Recorder” substitute “, a Recorder or a District Judge (Magistrates’ | |
Courts)”. | |
Vehicles (Crime) Act 2001 (c. 3) | 10 |
388 In section 38(5) (unified power to fund speed cameras)— | |
(a) at the end of paragraph (b) insert “and”, and | |
(b) omit paragraph (c). | |
Private Security Industry Act 2001 (c. 12) | |
389 (1) Amend section 11 (appeals in licensing matters) as follows. | 15 |
(2) In subsection (1), for “the appropriate” substitute “a”. | |
(3) Omit subsection (3). | |
(4) In subsection (6)(d)— | |
(a) omit “appropriate”, and | |
(b) for “that” substitute “the”. | 20 |
390 (1) Amend section 18 (appeals relating to approvals) as follows. | |
(2) In subsection (1), for “the appropriate” substitute “a”. | |
(3) Omit subsection (3). | |
(4) In subsection (5)(d)— | |
(a) omit “appropriate”, and | 25 |
(b) for “that” substitute “the”. | |
Criminal Justice and Police Act 2001 (c. 16) | |
391 In section 3(3)(f) (penalty notice for disorderly behaviour), for “justices’ chief | |
executive” substitute “designated officer for a local justice area”. | |
392 In section 7(1) (payment of penalty), for “justices’ chief executive” substitute | 30 |
“designated officer”. | |
393 In section 8(2) (certificate that sum is registrable for enforcement as a fine), | |
for “justices’ chief executive for the petty sessions” substitute “designated | |
officer for the local justice”. | |
394 (1) Amend section 9 (registration of sums payable in default) as follows. | 35 |
(2) In subsection (1), for “justices’ chief executive for a petty sessions” substitute | |
“designated officer for a local justice”. | |
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(3) In subsection (2)(b), for “appropriate justices’ chief executive” substitute | |
“designated officer for the local justice area in which the defaulter resides”. | |
(4) In subsection (3), for “justices’ chief executive” substitute “designated | |
officer”. | |
395 In section 21(5) (closure of unlicensed premises), for “justices’ chief | 5 |
executive” substitute “designated officer”. | |
396 In section 22(5)(a) (termination of closure order), for “justices’ chief | |
executive” substitute “designated officer”. | |
International Criminal Court Act 2001 (c. 17) | |
397 In— | 10 |
(a) section 7(3) (form of consent to surrender), and | |
(b) section 13(3) (form of waiver of right to review), | |
for “rules under section 144 of the Magistrates’ Courts Act 1980 (c. 43)” | |
substitute “Criminal Procedure Rules”. | |
398 In section 26 (meaning of “appropriate judicial officer”), in the definition of | 15 |
“appropriate judicial officer” omit paragraph (a). | |
399 In paragraph 5(2) of Schedule 5 (orders under Part 1), after “by” insert | |
“Criminal Procedure Rules or, in Northern Ireland,”. | |
Proceeds of Crime Act 2002 (c. 29) | |
400 In— | 20 |
(a) section 24(1)(b) (application to discharge confiscation order: | |
inadequacy of available amount), and | |
(b) section 25(1)(b) (application to discharge confiscation order: small | |
amount outstanding), | |
for “a justices’ chief executive” substitute “the designated officer for a | 25 |
magistrates’ court”. | |
401 In section 54(6) and (7) (payments by enforcement receivers), for “justices’ | |
chief executive” substitute “designated officer”. | |
402 (1) Amend section 55 (sums received by justices’ chief executive) as follows. | |
(2) For “justices’ chief executive”, in each place (including the section heading) | 30 |
substitute “designated officer”. | |
(3) In subsection (2), for “chief executive’s” substitute “designated officer’s”. | |
(4) In subsection (6), for “section 60 of the Justices of the Peace Act 1997 (c. 25)” | |
substitute “section 38 of the Courts Act 2003”. | |
403 In section 67(5) (payment of seized money), for “justices’ chief executive” | 35 |
substitute “designated officer”. | |
404 In section 91 (Crown Court Rules) for “Crown Court Rules or (as the case | |
may be) Criminal Appeal Rules” substitute “Criminal Procedure Rules”. | |
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Adoption and Children Act 2002 (c. 38) | |
405 In section 13(2) (requirement to provide information relating to adoption), | |
for “justices’ chief executive” substitute “designated officer”. | |
406 In section 55(2) (interpretation of section 55(1)), for “petty sessions” | |
substitute “local justice”. | 5 |
407 (1) Amend section 141 (rules of procedure) as follows. | |
(2) In subsection (1), for “The Lord Chancellor may make rules” substitute | |
“Family Procedure Rules may make provision”. | |
(3) Omit subsection (2). | |
408 In section 144(1) (interpretation), for the definition of “rules” substitute— | 10 |
““rules” means Family Procedure Rules made by virtue of section | |
141(1),”. | |
Schedule 9 | |
Section 109(2) | |
Repeals | |
| | Short title and chapter | Extent of repeal | | 15 | | | Parochial Libraries Act 1708 | In section 10, “for the commission area”. | | | | | (c. 14) | | | | | | Distress for Rent Act 1737 (c. 19) | In section 4, “of the same commission area”. | | | | | | In section 16, “of the county, riding, division, or | | | | | | place”. | | 20 | | | Inclosure Act 1773 (c. 81) | In section 4, “under the hand and seal” and “of | | | | | | the commission area wherein such common | | | | | | field lands shall lie”. | | | | | Burial Ground Act 1816 (c. 141) | In section 2, “for the commission area in which | | | | | | such land is situated”. | | 25 | | | Inclosure and Drainage (Rates) | In section 1, “acting for any commission area, in | | | | | Act 1833 (c. 35) | petty sessions assembled”. | | | | | | In section 2, “for the said (county, riding, or | | | | | | division, as the case may be)”. | | | | | Railway Regulation Act 1842 | In section 17, “, in the like discretion of such | | 30 | | | (c. 55) | justice, shall” and the words from “and every | | | | | | such penalty” to the end. | | | | | Defence Act 1842 (c. 94) | In section 24, “of the county, riding, city, or | | | | | | place”. | | | | | Companies Clauses | In section 3, the words from “The word | | 35 | | | Consolidation Act 1845 (c. 16) | “justice”” to “acting together in petty | | | | | | sessions”. | | | | | Lands Clauses Consolidation | In section 3, the words from “The word | | | | | Act 1845 (c. 18) | “justices”” to “acting together”. | | | | | Railway Clauses Consolidation | In section 3, the words from “The word | | 40 | | | Act 1845 (c. 20) | “justice”” to “acting together:”. | | |
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