Courts Bill [HL]

House of Commons

Session 2002 - 03
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Courts Bill [HL]

Courts Bill [HL]
Schedule 9 — Repeals
    150

Short title and chapter
Extent of repeal

Railway Clauses Consolidation
In section 46, “in petty sessions”.

Act 1845 (c. 20)—cont.
In section 59, “, and assembled in petty

sessions,”.

Markets and Fairs Clauses Act
In section 3, the words from “The word

5

1847 (c. 14)
“justice”” to “acting together:”.

Harbours, Docks and Piers
In section 3, the words from “The word

Clauses Act 1847 (c. 27)
“justice”” to “acting together:”.

Towns Improvement Clauses
In section 3, the words from “The word

Act 1847 (c. 34)
“justice”” to “acting together:”.

10

Cemeteries Clauses Act 1847
In section 3, the words from “The word

(c. 65)
“justice”” to “acting together:”.

Town Police Clauses Act 1847
In section 3, the words from “The word

(c. 89)
“justice”” to “acting together:”.

Indictable Offences Act 1848
In section 13, “any county, riding, division,

15

(c. 42)
liberty, city, borough, or place in” (in both

places).

Defence Act 1860 (c. 112)
In section 47, the words from “The word

“justices”” to “acting together:”.

Offences Against the Person Act
In section 44, “under their hands”.

20

1861 (c. 100)
In section 65, “under his hand and seal”.

Poaching Prevention Act 1862
In section 1, the words from “; and the words

(c. 114)
“justice” and “justices”” onwards.

In section 2, “England and”.

In section 3, “in England in the same manner as

25

penalties under the Game Act 1831 and”.

Dockyard Ports Regulation Act
In section 2, the words from “The term “justice””

1865 (c. 125)
to “arises:”.

Newspapers, Printers, and
In Schedule 2, in section 34 of the Unlawful

Reading Rooms Repeal Act
Societies Act 1799, “or sued” and “, or such

30

1869 (c. 24)
action shall be brought”, and sections 35 and

36 of the 1799 Act.

Explosive Substances Act 1883
In section 6(1), “for the county, borough, or

(c. 3)
place in which the crime was committed or is

suspected to have been committed,” and “sit

35

at a petty sessional or occasional court-house,

or police station in the said county, borough

or place, and”.

Municipal Corporations Act
In section 153(3), “for a commission area

1882 (c. 50)
consisting of or including the whole or part of

40

the county”.

Sheriffs Act 1887 (c. 55)
In section 38, from “Any reference” onwards.

Maintenance Orders (Facilities
In section 3(4), “appointed for the same

for Enforcement) Act 1920
commission area”.

(c. 33)

45

Courts Bill [HL]
Schedule 9 — Repeals
    151

Short title and chapter
Extent of repeal

Criminal Justice Act 1925 (c. 86)
In section 33(4), “, except in so far as such

provision may be made by rules under

section 144 of the Magistrates’ Courts Act

1980”.

5

Children and Young Persons
Section 101.

Act 1933 (c. 12)
Schedule 2.

Public Offices (Site) Act 1947
Section 7.

(c. 45)

National Assistance Act 1948
Section 65(c).

10

(c. 29)

Prevention of Damage by Pests
In section 15(1), “for the petty sessions area or

Act 1949 (c. 55)
place in which the works are required to be

carried out or, as the case may be, in which

the food or container is for the time being

15

situated”.

National Parks and Access to
In section 68(3), “for the petty sessions area or

the Countryside Act 1949
place within which the land to which the

(c. 97)
notice relates is situated”.

Maintenance Orders Act 1950
Section 25(1).

20

(c. 37)
In section 28(1), in the definition of “prescribed”,

“England or”, “by rules made under section

fifteen of the Justices of the Peace Act 1949,

or” and “as the case may be,”.

Reserve and Auxiliary Forces
In Schedule 2, Part 2.

25

(Protection of Civil Interests)

Act 1951 (c. 65)

Prison Act 1952 (c. 52)
In section 19(2), “or to visit any prisoner under

sentence of death”.

Maintenance Orders Act 1958
In section 21(1), the definition of “rules of

30

(c. 39)
court”.

Manoeuvres Act 1958 (7 & 8
In section 3, in subsection (1) “sitting in petty

Eliz. 2 c. 7)
sessions in the petty sessions area within

which that highway or part of a highway is

situated” and in subsection (2) “being a

35

highway or part within the jurisdiction of

those justices”.

Obscene Publications Act 1959
In section 3(1), “in the petty sessions area for

(c. 66)
which he acts,” and “in that area”.

Game Laws (Amendment) Act
In section 3(2), the words from “and in section

40

1960 (c. 36)
one” onwards.

Caravan Sites and Control of
In section 7(1), “acting for the petty sessions area

Development Act 1960 (c. 62)
in which the land is situated”.

In section 8(2), “acting for the petty sessions area

in which the land to which the site licence

45

relates is situated”.

In section 32(1)(c), “acting for the petty sessions

area in which the land is situated”.

Courts Bill [HL]
Schedule 9 — Repeals
    152

Short title and chapter
Extent of repeal

Administration of Justice Act
In section 2(3), “Except in a case involving

1960 (c. 65)
sentence of death,”.

Section 3.

Children and Young Persons
Section 17(1).

5

Act 1963 (c. 37)
Schedule 2.

Offices, Shops and Railway
In section 46(11), “acting for the petty sessions

Premises Act 1963 (c. 41)
area in which they are situate”.

Administration of Justice Act
In section 26, “commissions of the peace,”.

1964 (c. 42)

10

Science and Technology Act
In Schedule 2, the entry relating to section 6 of

1965 (c. 4)
the Geological Survey Act 1845.

Compulsory Purchase Act 1965
Section 1(5).

(c. 56)

Public Works Loans Act 1965
Section 2(1)(a)(v) and “and” before it.

15

(c. 63)

National Loans Act 1968 (c. 13)
In Schedule 4, in paragraph 1, in paragraph (a)

of the definition of “local authority”, sub-

paragraph (v) and “and” before it.

Criminal Appeal Act 1968
In section 31A(2), at the end of paragraph (b)

20

(c. 19)
“and”.

Section 48.

Schedule 4.

Courts-Martial (Appeals) Act
In section 36(1), at the end of paragraph (f)

1968 (c. 20)
“and”.

25

In section 36A(1), at the end of paragraph (a)

“and”.

Section 55.

Schedule 2.

Children and Young Persons
In section 23A(2)(a), “for the petty sessions area

30

Act 1969 (c. 54)
in which he was arrested”.

Courts Act 1971 (c. 23)
Sections 27 and 28.

Schedule 3.

In Schedule 8, paragraphs 17 and 49.

Attachment of Earnings Act
In section 25(1), the definition of “rules of court”

35

1971 (c. 32)
and “and” before it.

Armed Forces Act 1971 (c. 33)
In Schedule 2, paragraph 1(8).

Fire Precautions Act 1971 (c. 40)
In section 43(1), in the definition of “the court”,

“acting for the petty sessions area in which

they are situated”.

40

Immigration Act 1971 (c. 77)
In Schedule 3, in paragraph 6(3) “the Crown

Court or” and “commission area or” and in

paragraph 8(1) “area or”.

Maintenance Orders
In section 21(1), “in England and Wales or”, “by

(Reciprocal Enforcement) Act
rules made under section 144 of the

45

1972 (c. 18)
Magistrates’ Courts Act 1980 or”, and “as the

case may be,”.

Courts Bill [HL]
Schedule 9 — Repeals
    153

Short title and chapter
Extent of repeal

Maintenance Orders
In section 34A(4), omit “the clerk of”.

(Reciprocal Enforcement) Act

1972 (c. 18)—cont.

Civil Evidence Act 1972 (c. 30)
Section 2(8).

5

Administration of Justice Act
In section 5, “Paragraph 7 of”.

1973 (c. 15)
In Schedule 1, paragraphs 7 to 7B and 10(1).

Juries Act 1974 (c. 23)
In section 10, “and for this purpose “the judge”

means any judge of the High Court or any

Circuit judge or Recorder”.

10

In Schedule 1, in Group B, “Justices’ chief

executives,”.

Solicitors Act 1974 (c. 47)
Section 38(2) and (3).

Safety of Sports Grounds Act
In section 17(1), in the definition of “the court”,

1975 (c. 52)
“acting for the petty sessions area in which

15

they are situated”.

Bail Act 1976 (c. 63)
In section 2, the definitions of “Crown Court

rules”, “magistrates’ courts rules” and

“Supreme Court rules”.

In section 5B(8), “for the petty sessions area in

20

which he was arrested”.

In section 7(4)(a), “for the petty sessions area in

which he was arrested”.

In section 8(5)(b), “for the petty sessions area in

which he resides”.

25

Race Relations Act 1976 (c. 74)
In Schedule 1A, in Part 1, paragraph 45, and in

Part 2, under the heading “Regulatory, audit

and inspection”, “Her Majesty’s Magistrates’

Courts Service Inspectorate”.

Administration of Justice Act
Section 22.

30

1977 (c. 38)

Domestic Proceedings and
In section 88(1), the definition of “rules”.

Magistrates’ Courts Act 1978
In Schedule 2, paragraphs 2, 6 and 9.

Judicature (Northern Ireland)
Section 48(4).

Act 1978 (c. 23)
In section 70(2)(a), the words “, or in the case of

35

the Official Solicitor a solicitor,”.

In section 73, in subsection (1), “Subject to

subsection (2)”, and subsection (2).

In Schedule 1, in paragraph 1(2) “Except in a

case involving sentence of death,” and

40

paragraph 2.

In Schedule 3, the entry relating to the Official

Solicitor.

Protection of Children Act 1978
In section 4(1), “in the petty sessions area for

(c. 37)
which he acts”.

45

Magistrates’ Courts Act 1980
Section 1(2), (5) and (8).

(c. 43)
Section 3.

Section 3B.

Courts Bill [HL]
Schedule 9 — Repeals
    154

Short title and chapter
Extent of repeal

Magistrates’ Courts Act 1980
In section 60(4), “the clerk of”.

(c. 43)—cont.
Section 68.

Section 87(4).

Section 87A(2).

5

In section 97(1), “for any commission area” and

“for that commission area”.

In section 97A(1), “for any commission area”

and paragraph (c) and “and” before it.

In section 116, in subsection (1), “for any area to

10

which this section applies”, from “, if the

complaint” to “for that area,” and “for that

area” (in the second place) and subsection (3).

In section 121, subsection (3) and, in subsection

(5), “, or sitting in an occasional court-house”.

15

Section 125B(3).

In section 125C, in subsection (1), “appointed

by, or member of the staff of, his magistrates’

courts committee” and, in subsection (2), in

the definition of “a section 125A warrant”,

20

from “and” onwards.

Sections 137 and 138.

Section 141.

In section 144, in subsection (2) “the President of

the Family Division of the High Court, the

25

Senior District Judge (Chief Magistrate)” and

subsection (5).

In section 145, in subsection (1) paragraphs (aa),

(f) and (i) and subsection (4).

Sections 146 and 147.

30

Section 149.

In section 150(1), the definitions of “petty-

sessional court-house”, “the register” and “the

rules”.

Section 153.

35

Schedule 6.

In Schedule 7, paragraphs 5, 8, 101(a), 106, 107,

113, 131 and 151.

Criminal Appeal (Northern
Section 48 and Schedule 3.

Ireland) Act 1980 (c. 47)

40

Zoo Licensing Act 1981 (c. 37)
In section 18(1), “acting for the petty sessions

area in which the zoo is situated”.

Supreme Court Act 1981 (c. 54)
Section 56A.

Section 76(4).

In section 92, in subsection (2), “except the office

45

of Queen’s Coroner and Attorney and Master

of the Crown Office and Registrar of Criminal

Appeals” and subsections (2D) and (2E).

Section 130.

Sections 138, 138A and 138B.

50

In section 151(1), in the definition of

“prescribed”, paragraph (b) and “and” before

it.

Courts Bill [HL]
Schedule 9 — Repeals
    155

Short title and chapter
Extent of repeal

Supreme Court Act 1981
In Schedule 5, paragraph 1 of the entry relating

(c. 54)—cont.
to the Foreign Judgments (Reciprocal

Enforcement) Act 1933, the entry relating to

the Criminal Justice Act 1948, and paragraph

5

2 of the entry relating to the Evidence

(Proceedings in Other Jurisdictions) Act 1975.

Acquisition of Land Act 1981
In Schedule 4, in paragraph 1, the entry relating

(c. 67)
to the Courts Act 1971 and paragraph 19.

County Courts Act 1984 (c. 28)
Sections 73 and 73A.

10

Section 99(4)(b).

Section 128.

In section 147(1), the definition of “fees orders”.

In Schedule 2, paragraph 43.

Matrimonial and Family
Sections 40 and 41.

15

Proceedings Act 1984 (c. 42)
In Schedule 1, paragraph 13(b).

Building Act 1984 (c. 55)
In section 40(1), “acting for the petty sessions

area in which is situated land on which there

has been carried out any work to which the

notice relates”.

20

In section 55(1), “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

Cinemas Act 1985 (c. 13)
In Schedule 2, paragraph 12.

Prosecution of Offences Act
Section 20(5).

1985 (c. 23)

Local Government Act 1985
Section 99.

(c. 51)
In Schedule 13, paragraph 13(i).

30

Administration of Justice Act
Section 54.

1985 (c. 61)

Transport Act 1985 (c. 67)
In section 17(10), the definition of “the

appropriate court”.

Fire Safety and Safety of Places
In section 41, in the definition of “the court”,

35

of Sport Act 1987 (c. 27)
“acting for the petty sessions area in which it

is situated”.

Income and Corporation Taxes
Section 329AA(8).

Act 1988 (c. 1)

Criminal Justice Act 1988 (c. 33)
Section 41(9).

40

Road Traffic Act 1988 (c. 52)
In section 90(1)(a), “acting for the petty sessions

area in which he resides”.

In section 100(1), “acting for the petty sessions

area in which he resides”.

In section 119(1), “acting for the petty sessions

45

area in which the holder of or applicant for

the licence resides”.

Courts Bill [HL]
Schedule 9 — Repeals
    156

Short title and chapter
Extent of repeal

Road Traffic Offenders Act 1988
Section 82(2), (2A) and (3).

(c. 53)

Football Spectators Act 1989
Section 7(10)(c) and the word “and”

(c. 37)
immediately preceding it.

5

Section 18(4).

In section 20(7), “acting for the petty sessions

area in which he resides”.

In section 22(2), “for any area”, “who resides or

is believed to reside in that area” and (in both

10

places) “for that area”.

Children Act 1989 (c. 41)
Section 97(7)(a).

In Schedule 11, in paragraph 8, sub-paragraphs

(d) to (g).

Local Government and Housing
Section 39(1)(ea).

15

Act 1989 (c. 42)
Section 67(3)(ga).

Statute Law (Repeals) Act 1989
In Schedule 2, paragraph 4.

(c. 43)

Town and Country Planning
In section 217(2), “acting for the petty sessions

Act 1990 (c. 8)
area in which the land in question is

20

situated”.

Planning (Listed Buildings and
In section 47(4), “acting for the petty sessions

Conservation Areas) Act 1990
area within which the building is situated”.

(c. 9)
In section 50(6), “acting for the petty sessions

area in which the building is situated”.

25

Planning (Consequential
In Schedule 2, paragraph 25.

Provisions) Act 1990 (c. 11)

Computer Misuse Act 1990
Section 11(1).

(c. 18)
In section 16(10), “and subsection (6) shall be

omitted”.

30

Courts and Legal Services Act
Section 1(12).

1990 (c. 41)
Section 15(1).

In Schedule 17, paragraph 14.

In Schedule 18, paragraph 50.

In Schedule 19, paragraph 7.

35

Maintenance Enforcement Act
In Schedule 2, paragraph 11(2).

1991 (c. 17)

Criminal Justice Act 1991 (c. 53)
Sections 76 to 78.

In section 92, in subsection (1), the definitions of

“court-house” and “court security officer”

40

and subsection (2).

In Schedule 11, in paragraph 40(2)(a), “and

Schedule 2” and in paragraph 41(2),

paragraphs (a) and (e).

Local Government Finance Act
Section 19(3)(ea).

45

1992 (c. 14)

Friendly Societies Act 1992
In Schedule 16, paragraph 44.

(c. 40)

Charities Act 1992 (c. 41)
In section 71(3), from “and references” onwards.



© Parliamentary copyright 2003	Revised 14 July 2003