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(7) In section 76 of the 1978 Act (property) paragraph (c) (which referred to the | |
Official Solicitor and which ceased to have effect by virtue of the Supreme | |
Court (Departments and Officers) (Northern Ireland) Order 1982 (S.R. 1982/ | |
300)) shall again have effect. | |
(8) Nothing in this section has any effect in relation to the person who on the | 5 |
commencement of this section holds the office in Northern Ireland of Official | |
Solicitor to the Supreme Court. | |
104 Alteration of place fixed for Crown Court trial: Northern Ireland | |
An application under section 48(3) of the 1978 Act (application for variation of | |
place fixed for Crown Court trial) is no longer required to be heard in open | 10 |
court; and accordingly section 48(4) of the 1978 Act ceases to have effect. | |
105 Extension of time for criminal appeals to House of Lords: Northern Ireland | |
(1) Amend paragraph 1 of Schedule 1 to the 1978 Act (applications for leave to | |
appeal to House of Lords in certain criminal matters) as follows. | |
(2) In sub-paragraph (1)— | 15 |
(a) for “fourteen” (in both places) substitute “28”, and | |
(b) for “date of the decision of that court” substitute “relevant date”. | |
(3) After sub-paragraph (1) insert— | |
“(1A) In sub-paragraph (1), “the relevant date” means— | |
(a) the date of the decision of the court below, or | 20 |
(b) if later, the date on which that court gives reasons for its | |
decision.” | |
(4) Amend section 32 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) | |
(applications for leave to appeal to the House of Lords) as follows. | |
(5) In subsection (1)— | 25 |
(a) for “fourteen” (in both places) substitute “28”, and | |
(b) for “date of the decision of the Court” substitute “relevant date”. | |
(6) After subsection (1) insert— | |
“(1A) In subsection (1), “the relevant date” means— | |
(a) the date of the Court of Appeal’s decision, or | 30 |
(b) if later, the date on which the Court gives reasons for its | |
decision.” | |
106 Fees: Northern Ireland | |
In section 116 of the 1978 Act (fees) after subsection (1) insert— | |
“(1A) Without prejudice to the generality of subsection (1), an order under | 35 |
that subsection may make provision for exemptions from fees and | |
remission of fees (in whole or in part).” | |
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Part 9 | |
Final provisions | |
107 Interpretation | |
(1) In this Act— | |
“the 1933 Act” means the Children and Young Persons Act 1933 (c. 12); | 5 |
“the 1968 Act” means the Criminal Appeal Act 1968 (c. 19); | |
“the 1978 Act” means the Judicature (Northern Ireland) Act 1978 (c. 23); | |
“the 1980 Act” means the Magistrates’ Courts Act 1980 (c. 43); | |
“the 1981 Act” means the Supreme Court Act 1981 (c. 54); | |
“the 1990 Act” means the Courts and Legal Services Act 1990 (c. 41); | 10 |
“the 1997 Act” means the Civil Procedure Act 1997 (c. 12). | |
(2) In this Act the following have the meaning given by section 71 of the 1990 | |
Act— | |
“5 year magistrates’ court qualification”; | |
“7 year general qualification”; | 15 |
“Supreme Court qualification”. | |
(3) In this Act “criminal court” has the meaning given by section 68. | |
(4) In this Act “judge”, except where the context otherwise requires, means a | |
person holding an office listed in subsection (2) of section 64 (power to alter | |
judicial titles). | 20 |
(5) In this Act “lay justice” has the meaning given by section 9. | |
(6) In this Act “Magistrates’ Courts Rule Committee” means the committee | |
appointed by the Lord Chancellor under section 144 of the 1980 Act. | |
(7) In this Act “Minister of the Crown” has the same meaning as in the Ministers | |
of the Crown Act 1975 (c. 26). | 25 |
(8) In this Act “enactment” includes subordinate legislation and, except where | |
otherwise provided, any reference to an enactment is to an enactment | |
whenever passed or made; and “subordinate legislation” here has the same | |
meaning as in the Interpretation Act 1978 (c. 30). | |
(9) In sections 102(6) and 109(4)(b) “enactment” also includes Northern Ireland | 30 |
legislation (whenever passed or made); and “Northern Ireland legislation” | |
here has the same meaning as in the Interpretation Act 1978. | |
108 Rules, regulations and orders | |
(1) Any power of the Lord Chancellor to make rules, regulations or orders under | |
this Act is exercisable by statutory instrument. | 35 |
(2) None of the orders and regulations mentioned in subsection (3) may be made | |
unless a draft of the statutory instrument containing the order or regulations | |
has been laid before, and approved by a resolution of, each House of | |
Parliament. | |
(3) The orders and regulations are— | 40 |
(a) the first order to be made under section 4 (areas of courts boards); | |
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(b) regulations under section 34(5) (costs in legal proceedings); | |
(c) an order under— | |
(i) section 73 or 80 (powers to amend enactments in connection | |
with Criminal Procedure Rules and Family Procedure Rules), or | |
(ii) section 109 (power to make consequential provision etc.), | 5 |
which contains any provision (whether alone or with other provisions) | |
amending or repealing any Act or provision of an Act; | |
(d) an order under section 97(7) to (9) (power to make permanent provision | |
about collection of fines and discharge of fines by unpaid work); | |
(e) regulations under Schedule 1. | 10 |
(4) A statutory instrument containing— | |
(a) the first order to be made under section 8 (local justice areas), or | |
(b) regulations under section 40 (payments, accounting and banking by | |
designated officers), | |
is to be laid before Parliament after being made. | 15 |
(5) Any other statutory instrument, apart from one containing an order under | |
section 110 (commencement), is subject to annulment in pursuance of a | |
resolution of either House of Parliament. | |
(6) Any power of the Lord Chancellor to make rules, regulations or orders under | |
this Act includes power to make— | 20 |
(a) any supplementary, incidental or consequential provision, and | |
(b) any transitory, transitional or saving provision, | |
which he considers necessary or expedient. | |
(7) Nothing in this section applies to— | |
(a) rules made under Part 7 (Criminal Procedure and Family Procedure | 25 |
Rules), or | |
(b) an order made under section 102 (power to alter judicial titles: | |
Northern Ireland). | |
109 Minor and consequential amendments, repeals, etc. | |
(1) Schedule 8 contains minor and consequential amendments. | 30 |
(2) Schedule 9 contains repeals. | |
(3) The Lord Chancellor may by order make— | |
(a) any supplementary, incidental or consequential provision, and | |
(b) any transitory, transitional or saving provision, | |
which he considers necessary or expedient for the purposes of, in consequence | 35 |
of, or for giving full effect to any provision of this Act. | |
(4) An order under subsection (3) may, in particular— | |
(a) provide for any provision of this Act which comes into force before | |
another such provision has come into force to have effect, until that | |
other provision has come into force, with such modifications as are | 40 |
specified in the order, and | |
(b) amend, repeal or revoke any enactment other than one contained in an | |
Act passed in a Session after that in which this Act is passed. | |
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(5) The amendments that may be made under subsection (4)(b) are in addition to | |
those made by or under any other provision of this Act. | |
110 Commencement | |
(1) Subject to subsection (2), this Act comes into force in accordance with provision | |
made by order by the Lord Chancellor. | 5 |
(2) Subsection (1) does not apply to section 42, 94, 107, 108, 109(3) to (5), this | |
section or section 111 or 112. | |
(3) An order under this section may appoint different days for different provisions | |
and different purposes. | |
111 Extent | 10 |
(1) Subject to subsections (2) and (3), this Act extends only to England and Wales. | |
(2) Subsection (1) does not apply to section 59(3), 90, 91, 100, 101, 102, 103, 104, 105, | |
106 or 109. | |
(3) Subject to any provision made in Schedule 8, the amendments and repeals | |
made by Schedules 4, 8 and 9 have the same extent as the enactments to which | 15 |
they relate. | |
112 Short title | |
This Act may be cited as the Courts Act 2003. | |
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