 | |
|
SCHEDULE 9
|
| |
FUNCTIONS TRANSFERRED TO JUSTICES' CHIEF EXECUTIVES |
| |
The Maintenance Orders (Facilities for Enforcement) Act 1920 (c.33) |
| | 1. - (1) Section 4 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (power of magistrates' courts to confirm maintenance orders made in certain Commonwealth countries) is amended as follows.
|
| |
(2) In subsection (5B) (powers of court), for-
|
| |
(a) "the clerk of the court or the clerk of any other magistrates' court", and |
| |
(b) "the clerk of the court, or to the clerk of any other magistrates' court,", |
| |
substitute "a justices' chief executive".
|
| |
(3) In subsection (6A) (application of section 60 of the Magistrates' Courts Act 1980)-
|
| |
(a) in paragraph (b), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for "the clerk of the court, or to the clerk of any other magistrates' court," substitute "a justices' chief executive", and |
| |
(b) in paragraph (c) (words to be regarded as replaced in subsection (5) of that section), for "clerk" substitute "justices' chief executive for the court". |
| |
The Maintenance Orders Act 1950 (c.37) |
| | 2. Part II of the Maintenance Orders Act 1950 (enforcement of certain maintenance orders made in another part of the United Kingdom) has effect subject to the following amendments.
|
| | 3. - (1) Section 18 (enforcement of registered orders) is amended as follows.
|
| |
(2) In subsection (2ZA) (application of section 76 of the Magistrates' Courts Act 1980), in the subsection to be regarded as substituted as subsection (5) of that section, for-
|
| |
(a) "the clerk of the court or the clerk of any other magistrates' court", and |
| |
(b) "the clerk of the court, or to the clerk of any other magistrates' court,", |
| |
substitute "a justices' chief executive".
|
| |
(3) In subsection (2A) (requirement of person liable under order to notify change of address to clerk of the court), for "clerk" substitute "relevant officer".
|
| |
(4) After that subsection insert-
|
| |
 |
"(2B) In subsection (2A) of this section "relevant officer" means-
|
| |
(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
| |
(b) in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court." |
|
| | 4. - (1) Section 22 (discharge and variation of registered orders) is amended as follows.
|
| |
(2) In subsection (1B) (powers of court) for-
|
| |
(a) "the clerk of the court or the clerk of any other magistrates' court in England and Wales", and |
| |
(b) "the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,", |
| |
substitute "a justices' chief executive".
|
| |
(3) In subsection (1E) (application of section 60 of the Magistrates' Courts Act 1980)-
|
| |
(a) in paragraph (a), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for "the clerk of the court, or to the clerk of any other magistrates' court," substitute "a justices' chief executive", and |
| |
(b) in paragraph (b) (words to be regarded as replaced in subsection (5) of that section), for "clerk" substitute "justices' chief executive for the court". |
| | 5. In section 24(5A)(b) (order requiring payment to the clerk of a magistrates' court to cease to have effect on cancellation of registration of order), for "the clerk of a magistrates' court in England and Wales" substitute "a justices' chief executive".
|
| |
The Army Act 1955 (c.18) |
| | 6. The Army Act 1955 has effect subject to the following amendments.
|
| | 7. - (1) Section 189 (delivery into military custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.
|
| |
(2) In subsection (1) (fee payable to clerk of the court), for "clerk" substitute "relevant officer".
|
| |
(3) After subsection (3) insert-
|
| |
|
"(3A) In subsection (1) of this section "relevant officer" means-
|
| |
(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
| |
(b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court." |
|
| | 8. - (1) Section 199 (proof of outcome of civil trial) is amended as follows.
|
| |
(2) In subsection (2) (fee payable to clerk of the court), after "and" insert "the relevant officer of the court".
|
| |
(3) After subsection (3) insert-
|
| |
|
"(3A) In subsection (2) of this section "relevant officer" means-
|
| |
(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
| |
(b) in relation to any other court, the clerk of the court." |
|
| |
The Air Force Act 1955 (c.19) |
| | 9. The Air Force Act 1955 has effect subject to the following amendments.
|
| | 10. - (1) Section 189 (delivery into air-force custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.
|
| |
(2) In subsection (1) (fee payable to clerk of the court), for "clerk" substitute "relevant officer".
|
| |
(3) After subsection (3) insert-
|
| |
|
"(3A) In subsection (1) of this section "relevant officer" means-
|
| |
(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
| |
(b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court." |
|
| | 11. - (1) Section 199 (proof of outcome of civil trial) is amended as follows.
|
| |
(2) In subsection (2) (fee payable to clerk of the court), after "and" insert "the relevant officer of the court".
|
| |
(3) After subsection (3) insert-
|
| |
|
"(3A) In subsection (2) of this section "relevant officer" means-
|
| |
(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
| |
(b) in relation to any other court, the clerk of the court." |
|
| |
The Naval Discipline Act 1957 (c.53) |
| | 12. The Naval Discipline Act 1957 has effect subject to the following amendments.
|
| | 13. - (1) Section 110 (delivery into naval custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.
|
| |
(2) In subsection (2) (fee payable to clerk of the court), for "clerk" substitute "relevant officer".
|
| |
(3) After subsection (2) insert-
|
| |
|
"(2A) In subsection (2) of this section "relevant officer" means-
|
| |
(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
| |
(b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court." |
|
| | 14. - (1) Section 129B (proof of outcome of civil trial) is amended as follows.
|
| |
(2) In subsection (2) (fee payable to clerk of the court), after "and" insert "the relevant officer of the court".
|
| |
(3) After subsection (3) insert-
|
| |
|
"(3A) In subsection (2) of this section "relevant officer" means-
|
| |
(a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
| |
(b) in relation to any other court, the clerk of the court." |
|
| |
The Maintenance Orders Act 1958 (c.39) |
| | 15. The Maintenance Orders Act 1958 has effect subject to the following amendments.
|
| | 16. In section 1 (application of Part I), after subsection (3) insert-
|
| |
|
"(3A) In this Part of this Act references to the justices' chief executive for a court are to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts."
|
|
| | 17. - (1) Section 2 (registration of orders) is amended as follows.
|
| |
(2) In subsection (6) (effect on magistrates' court order of registration in the High Court), for "the clerk of a magistrates' court" (in both places) substitute "a justices' chief executive".
|
| |
(3) In subsection (6ZA)(b) (effect on High Court order or county court order of registration in magistrates' court), for "the clerk of the court or the clerk of any other magistrates' court" substitute "a justices' chief executive".
|
| |
(4) In subsection (6ZC) (payments under order becoming or ceasing to be payable to clerk of a magistrates' court), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
|
| | 18. In section 3(3A) (requirement of person liable under order to notify change of address to clerk of the court), for "clerk of" substitute "justices' chief executive for".
|
| | 19. - (1) Section 4(5B) (application of section 60 of the Magistrates' Courts Act 1980) is amended as follows.
|
| |
(2) In paragraph (a), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for "the clerk of the court, or to the clerk of any other magistrates' court," substitute "a justices' chief executive".
|
| |
(3) In paragraph (b) (words to be regarded as replaced in subsection (5) of that section), for "clerk" substitute "justices' chief executive for the court".
|
| |
(4) In paragraph (e), in the subsection to be regarded as substituted for subsections (9) and (10) of that section, for-
|
| |
(a) "the clerk of the court or the clerk of any other magistrates' court", and |
| |
(b) "the clerk of the court, or to the clerk of any other magistrates' court,", |
| |
substitute "a justices' chief executive".
|
| | 20. - (1) Section 5 (cancellation of registration) is amended as follows.
|
| |
(2) In subsection (5) (cancellation of registration of High Court or county court order), for "the clerk of a magistrates' court" (in both places) substitute "a justices' chief executive".
|
| |
(3) In subsection (6)(b) (cancellation of registration of magistrates' court order), for "clerk of" substitute "justices' chief executive for".
|
| | 21. In section 20(1) (clerk of magistrates' court entitled to receive payments for transmission to another)-
|
| |
(a) for "the clerk of a magistrates' court" substitute "a justices' chief executive", and |
| |
(b) for "the clerk is" substitute "an executive is". |
| |
The Betting, Gaming and Lotteries Act 1963 (c.2) |
| | 22. - (1) Paragraph 20 of Schedule 1 to the Betting, Gaming and Lotteries Act 1963 (fees for grant or renewal of permit or licence) is amended as follows.
|
| |
(2) In sub-paragraph (1) (payment to clerk to authority), for "clerk to the authority" substitute "relevant officer".
|
| |
(3) After that sub-paragraph insert-
|
| |
|
"(1AA) In sub-paragraph (1) above "the relevant officer" means-
|
| |
(a) in relation to an authority in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the justices constituting the authority act; and |
| |
(b) in relation to an authority in Scotland, the clerk to the authority." |
|
| |
The Gaming Act 1968 (c.65) |
| | 23. The Gaming Act 1968 has effect subject to the following amendments.
|
| | 24. - (1) Paragraph 63 of Schedule 2 (fees for grant, renewal or transfer of licences) is amended as follows.
|
| |
(2) In sub-paragraph (1) (payment to clerk to licensing authority), for "clerk to the licensing authority" substitute "relevant officer".
|
| |
(3) After that sub-paragraph insert-
|
| |
|
"(1A) In sub-paragraph (1) above "the relevant officer" means-
|
| |
(a) in relation to a licensing authority in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the justices constituting the authority act; and |
| |
(b) in relation to a licensing authority in Scotland, the clerk to the authority." |
|
| | 25. In paragraph 23 of Schedule 3 (fees for registration and renewal of registration of club or institute under Part II), for the words "by the applicant" onwards substitute "of the fee chargeable in accordance with section 48 of this Act by the applicant to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the justices constituting the authority act."
|
| | 26. In paragraph 24 of Schedule 7 (fees for registration and renewal of registration of club or institute under Part III), for the words "by the applicant" onwards substitute "of the fee chargeable in accordance with section 48 of this Act by the applicant to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the justices constituting the authority act."
|
| | 27. In paragraph 21 of Schedule 9 (fees for grant or renewal of permits), for the words "by the applicant" onwards substitute"of the fee chargeable in accordance with section 48 of this Act by the applicant-
|
| |
|
(a) where the appropriate authority is the licensing justices, to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the justices constituting the authority act; or |
| |
(b) in any other case, to the appropriate authority or their clerk." |
|
| |
The Attachment of Earnings Act 1971 (c.32) |
| | 28. The Attachment of Earnings Act 1971 has effect subject to the following amendments.
|
| | 29. In section 3(1)(c) (persons who may apply for an attachment of earnings order), for "the clerk of a magistrates' court, the clerk of that court" substitute "a justices' chief executive, that justices' chief executive".
|
| | 30. In section 6(7)(c) (clerk to be collecting officer in case of order made by a magistrates' court), for "clerk either of that court or of" substitute "justices' chief executive for that court or for".
|
| | 31. In section 17(3)(d) (power to require court officer to deal with payments under consolidated attachment order as directed by court or rules), for "clerk or registrar" substitute "officer".
|
| | 32. - (1) Section 18 (certain action not to be taken by collecting officer except on request) is amended as follows.
|
| |
(2) In subsection (1) (clerk of magistrates' court not to make certain applications unless requested by person entitled to receive payments), for "The clerk of a magistrates' court" substitute "A justices' chief executive".
|
| |
(3) In subsections (2) and (3) (effect of request), for "the clerk" substitute "a justices' chief executive".
|
| | 33. In section 21(2)(a)(ii) (costs due to clerk of magistrates' court), for "clerk of" substitute "justices' chief executive for".
|
| | 34. In section 25 (interpretation), after subsection (1) insert-
|
| |
|
"(1A) In relation to a magistrates' court-
|
| |
(a) references to a single justice are to a justice of the peace acting for the same petty sessions area as the court; and |
| |
(b) references to the justices' chief executive for the court are to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts." |
|
| |
The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18) |
| | 35. The Maintenance Orders (Reciprocal Enforcement) Act 1972 has effect subject to the following amendments.
|
| | 36. In section 7(5B) (powers of magistrates' court on confirming provisional order made in reciprocating country), for-
|
| |
(a) "the clerk of the court or the clerk of any other magistrates' court in England and Wales", and |
| |
(b) "the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,", |
| |
substitute "a justices' chief executive".
|
| | 37. - (1) Section 8 (enforcement of maintenance order registered in United Kingdom court) is amended as follows.
|
| |
(2) In subsection (3) (requirement of person liable under order to notify change of address to clerk of the court), for "clerk" substitute "relevant officer".
|
| |
(3) After that subsection insert-
|
| |
|
"(3A) In subsection (3) above "relevant officer" means-
|
| |
(a) in relation to a magistrates' court in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts, and |
| |
(b) in relation to a court elsewhere, the clerk of the court." |
|
| |
(4) In subsection (4A) (application of section 76 of the Magistrates' Courts Act 1980), in the subsection to be regarded as substituted as subsection (5) of that section, for-
|
| |
(a) "the clerk of the court or the clerk of any other magistrates' court", and |
| |
(b) "the clerk of the court, or to the clerk of any other magistrates' court,", |
| |
substitute "a justices' chief executive".
|
| | 38. - (1) Section 9(1ZA) (application of section 60 of the Magistrates' Courts Act 1980) is amended as follows.
|
| |
(2) In paragraph (a), in the subsection (3A) to be regarded as inserted in that section, for
|
| |
(a) "the clerk of the court or the clerk of any other magistrates' court,", and |
| |
(b) "the clerk of the court, or to the clerk of any other magistrates' court,", |
| |
substitute "a justices' chief executive".
|
| |
(3) In paragraph (b), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for "the clerk of the court, or to the clerk of any other magistrates' court," substitute "a justices' chief executive".
|
| |
(4) In paragraph (c) (words to be regarded as replaced in subsection (5) of that section), for "clerk" substitute "justices' chief executive for the court".
|
| | 39. In section 27C(4) (powers of court when making an order on an application for recovery of maintenance in England and Wales), for-
|
| |
(a) "the clerk of the court or the clerk of any other magistrates' court in England and Wales,", and |
| |
(b) "the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,", |
| |
substitute "a justices' chief executive".
|
| | 40. - (1) Section 34A (variation of orders by magistrates' courts) is amended as follows.
|
| |
(2) In subsection (3) (powers of magistrates' courts), for-
|
| |
(a) "the clerk of the court or the clerk of any other magistrates' court in England and Wales", and |
| |
(b) "the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,", |
| |
substitute "a justices' chief executive".
|
| |
(3) In subsection (4)(b) (application for variation), for "the clerk of the court, or to the clerk of any other magistrates' court in England and Wales," substitute "a justices' chief executive".
|
| |
The Matrimonial Causes Act 1973 (c.18) |
| | 41. - (1) Section 38 of the Matrimonial Causes Act 1973 (orders for repayment of sums paid after cessation of order by reason of marriage) is amended as follows.
|
| |
(2) In subsection (6) (protection for clerk)-
|
| |
(a) for "The clerk of a magistrates' court" substitute "A justices' chief executive", and |
| |
(b) for "the clerk" substitute "the justices' chief executive". |
| |
(3) In subsection (7) (definition of "collecting officer"), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
|
| |
The Domestic Proceedings and Magistrates' Courts Act 1978 (c.22) |
| | 42. The Domestic Proceedings and Magistrates' Courts Act 1978 has effect subject to the following amendments.
|
| | 43. In section 20ZA(3) (variation of orders for periodical payments to provide that payments shall be made to the court clerk), for "to the clerk" substitute "to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts".
|
| | 44. In section 32(2) (enforcement of orders for payment of money), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
|
| | 45. - (1) Section 35 (orders for repayment of sums paid after cessation of order by reason of marriage) is amended as follows.
|
| |
(2) In subsection (7) (protection for clerk)-
|
| |
(a) for "The clerk of a magistrates' court" substitute "A justices' chief executive", and |
| |
(b) for "the clerk" substitute "the justices' chief executive". |
| |
(3) In subsection (8) (definition of "collecting officer"), for "clerk of a magistrates' court" substitute "justices' chief executive".
|
| |
The Magistrates' Courts Act 1980 (c.43) |
| | 46. The Magistrates' Courts Act 1980 has effect subject to the following amendments.
|
| | 47. - (1) Section 59 (orders for periodical payment: means of payment) is amended as follows.
|
| |
(2) In subsection (3)(b) (power of the court to order payment to clerk), for "the clerk of the court or to the clerk of any other magistrates' court" substitute "a justices' chief executive"
|
| |
(3) In subsection (8) (power to specify method of payment to a clerk), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
|
| | 48. - (1) Section 59A (orders for periodical payments: proceedings by clerk) is amended as follows.
|
| |
(2) In subsection (1) (proceedings by clerk where payment not made)-
|
| |
(a) for "the clerk of a magistrates' court" substitute "a justices' chief executive", |
| |
(b) for "the clerk of the relevant court" substitute "the relevant justices' chief executive", and |
| |
(c) for "to the clerk" substitute "to that justices' chief executive". |
| |
(3) In subsection (2) (authority to clerk to act under subsection (3))-
|
| |
(a) for "the clerk of a magistrates' court" substitute "a justices' chief executive", and |
| |
(b) for "the clerk of the relevant court for the clerk" substitute "the relevant justices' chief executive for him". |
| |
(4) In subsection (3) (proceedings by clerk), for "the clerk of the relevant court, the clerk" substitute "the relevant justices' chief executive, he".
|
| |
(5) In subsection (4) (cessation of authority)-
|
| |
(a) for "the clerk of a relevant court" substitute "a justices' chief executive", |
| |
(b) for "clerk cancelling" substitute "justices' chief executive cancelling", and |
| |
(c) for "clerk shall" substitute "justices' chief executive shall". |
| |
(6) In subsection (7) (interpretation), for the definition of "the relevant court" substitute-
|
| |
|
""the relevant justices' chief executive", in relation to an order, means- |
| |
(a) in a case where payments under the order are required to be made to or through a justices' chief executive, that justices' chief executive; and
|
| |
(b) in a case where such payments are required to be made by any method of payment falling within section 59(6) above and the order was made by a magistrates' court, the justices' chief executive for that magistrates' court; and
|
| |
(c) in a case where such payments are required to be made by any method of payment falling within section 59(6) above and the order was not made by a magistrates' court, the justices' chief executive for the magistrates' court in which the order is registered;".
|
|
| |
(7) In the sidenote, for "clerk" substitute "justices' chief executive".
|
| | 49. In section 60(5) (variation of order to provide that payments be made to magistrates' clerk), for "to the clerk", substitute "to the justices' chief executive for the court".
|
| | 50. In section 61(1)(b) (rules about apportionment of sums paid to clerk between two or orders)-
|
| |
(a) for "clerk to a magistrates' court" substitute "justices' chief executive", and |
| |
(b) for "that clerk" substitute "that justices' chief executive". |
| | 51. In section 62(1)(ii) (proceedings by clerk for sums payable to child), for "clerk of" substitute "justices' chief executive for".
|
| | 52. - (1) Section 87 (enforcement of payment of fines by High Court and county court) is amended as follows.
|
| |
(2) In subsection (1) (enforcement as if sum due to magistrates' clerk in pursuance of High Court or county court order), for "clerk of" substitute "justices' chief executive for".
|
| |
(3) In subsection (3) (clerk not to take proceedings unless authorised by court after inquiry), for "clerk of the magistrates' court" substitute "justices' chief executive".
|
| |
(4) In subsection (4) (expenses of clerk in recovering sum to be treated as expenses of magistrates' courts committee), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
|
| | 53. - (1) Section 87A (fines imposed on companies) is amended as follows.
|
| |
(2) In subsection (1) (power of court to apply for administration order or winding up), for "clerk of" substitute "justices' chief executive for".
|
| |
(3) In subsection (2) (expenses of clerk to be treated as expenses of magistrates' courts committee), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
|
| | 54. In section 89(2) (transfer of fine order: functions of clerk exercisable by clerk of court specified in order), for "clerk of" (in both places) substitute "justices' chief executive for".
|
| | 55. In section 90(3) (functions of clerk in relation to payment of fine to cease to be exercisable on making of order for payment to be enforceable in Scotland or Northern Ireland), for "clerk of" substitute "justices' chief executive for".
|
| | 56. In section 91(1) (functions of clerk in relation to payment of fine imposed in Scotland or Northern Ireland on making of order for payment to be enforceable in England and Wales), for "clerk of" substitute "justices' chief executive for".
|
| | 57. In section 95(3) (instalments: powers of the court in relation to non-English maintenance orders), for-
|
| |
(a) "the clerk of the court or the clerk of any other magistrates' court", and |
| |
(b) "the clerk of the court, or to the clerk of any other magistrates' court,", |
| |
substitute "a justices' chief executive".
|
| | 58. In section 99 (proof of non-payment of sum adjudged)-
|
| |
(a) for "clerk of a magistrates' court" substitute "justices' chief executive", and |
| |
(b) for "the clerk" (in both places) substitute "the justices' chief executive". |
| | 59. In section 114 (payment to clerk of fees and recognizances on case stated), for "him the fees payable for the case and for the recognizances" substitute "the fees payable for the case and for the recognizances to the justices' chief executive for the court".
|
| | 60. - (1) Section 137 (fees) is amended as follows.
|
| |
(2) In subsection (1) (fees chargeable by clerks limited by Part I of Schedule 6), for "clerks of magistrates' courts" substitute "justices' chief executives".
|
| |
(3) In subsection (2) (no fee chargeable by clerk in respect of matters specified in Part II of Schedule 6), for "clerk of a magistrates' court" substitute "justices' chief executive".
|
| | 61. In section 139 (application by clerk of money received on account of sum adjudged to be paid by summary conviction), for "clerk of a magistrates' court" substitute "justices' chief executive".
|
| | 62. In section 144(1) (rules about procedure and practice to be followed in magistrates' courts and by justices' clerks), insert at the end "and justices' chief executives."
|
| | 63. In section 150 (interpretation), after subsection (1) insert-
|
| |
|
"(1A) In this Act references to the justices' chief executive for a magistrates' court are to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court is acting."
|
|
| | 64. In Schedule 6 (fees), in the heading to Part I (fees to be taken by clerks), for "CLERKS TO JUSTICES" substitute "JUSTICES' CHIEF EXECUTIVES".
|
| |
The Civil Jurisdiction and Judgments Act 1982 (c.27) |
| | 65. - (1) Section 5 of the Civil Jurisdiction and Judgments Act 1982 (recognition and enforcement of maintenance orders) is amended as follows.
|
| |
(2) In subsection (5B) (application of section 76 of the Magistrates' Courts Act 1980), in the subsection to be regarded as substituted as subsection (5) of that section), for-
|
| |
(a) "the clerk of the court or the clerk of any other magistrates' court,", and |
| |
(b) "the clerk of the court, or to the clerk of any other magistrates' court,", |
| |
substitute "a justices' chief executive".
|
| |
(3) In subsection (7) (requirement of payer to notify change of address to clerk of the court), for "clerk" substitute "relevant officer".
|
| |
(4) After that subsection insert-
|
| |
|
"(8) In subsection (7) "relevant officer" means-
|
| |
(a) in relation to a magistrates' court in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
| |
(b) in relation to a magistrates' court in Northern Ireland, the clerk of the court." |
|
| |
The Insolvency Act 1986 (c.45) |
| | 66. The Insolvency Act 1986 has effect subject to the following amendments.
|
| | 67. In section 9(1) (application for administration order), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
|
| | 68. In section 124(1) (application for winding up), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
|
| |
The Criminal Justice Act 1988 (c.33) |
| | 69. In section 81(3) to (9) of the Criminal Justice Act 1988 (application of proceeds of realisation and other sums), for "justices' clerk" (in each place) substitute "justices' chief executive".
|
| |
The Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4) |
| | 70. - (1) Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders) is amended as follows.
|
| |
(2) In paragraph 1(5) (meaning of "proper officer")-
|
| |
(a) for "clerk of" (in the first three places) substitute "justices' chief executive for", and |
| |
(b) for the words from "references to" to the end substitute "references to the justices' chief executive for a magistrates' court are to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court was acting." |
| |
(3) In paragraph 9(4) (functions of clerk to be exercised by appropriate officer of High Court in case of order made elsewhere in British Islands), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
|
| |
The Children Act 1989 (c.41) |
| | 71. In paragraph 6A(3) of Schedule 1 to the Children Act 1989 (variation of order made by magistrates' clerk to provide that payments be made to clerk), for "to the clerk" substitute "to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts".
|
| |
The Social Security Administration Act 1992 (c.5) |
| | 72. In section 107 of the Social Security Administration Act 1992 (recovery of expenditure on income support)-
|
| |
(a) in subsections (5) and (11) (variation of order to provide that payments be made to clerk), for "to the clerk" substitute "to the justices' chief executive for the court", and |
| |
|
| |
|
"(16) In this section references to the justices' chief executive for a magistrates' court are to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts".
|
|
| |
The Drug Trafficking Act 1994 (c.37) |
| | 73. In section 30(4) to (8) of the Drug Trafficking Act 1994 (application of proceeds of realisation and other sums), for "justices' clerk" (in each place) substitute "justices' chief executive".
|
| |
The Reserve Forces Act 1996 (c.14) |
| | 74. The Reserve Forces Act 1996 has effect subject to the following amendments.
|
| | 75. - (1) Paragraph 7 of Schedule 2 (delivery into military, air-force or naval custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.
|
| |
(2) In sub-paragraph (3) (fee payable to clerk of the court), for "clerk" substitute "relevant officer".
|
| |
(3) After that sub-paragraph insert-
|
| |
|
"(3A) In sub-paragraph (3) "relevant officer" means-
|
| |
(a) in relation to a magistrates' court in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
| |
(b) in relation to any other court, the clerk of the court." |
|
| | 76. - (1) Paragraph 9 of Schedule 3 (proof of outcome of civil trial) is amended as follows.
|
| |
(2) In sub-paragraph (2) (fee payable to clerk of the court), after "and" insert "the relevant officer of the court".
|
| |
(3) After sub-paragraph (3) insert-
|
| |
|
"(3A) In sub-paragraph (3) "relevant officer" means-
|
| |
(a) in relation to a magistrates' court in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and |
| |
(b) in relation to any other court, the clerk of the court." |
|
