Access to Justice Bill [H.L.] - continued        House of Lords

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Cases stated by Crown Court for opinion of High Court.     49. For section 28A of the Supreme Court Act 1981 (proceedings on case stated by magistrates' court) substitute-
"Proceedings on case stated by magistrates' court or Crown Court.     28A. - (1) This section applies where a case is stated for the opinion of the High Court-
    (a) by a magistrates' court under section 111 of the Magistrates' Courts Act 1980; or
    (b) by the Crown Court under section 28(1) of this Act.
      (2) The High Court may, if it thinks fit, cause the case to be sent back for amendment and, where it does so, the case shall be amended accordingly.
      (3) The High Court shall hear and determine the question arising on the case (or the case as amended) and shall-
    (a) reverse, affirm or amend the determination in respect of which the case has been stated; or
    (b) remit the matter to the magistrates' court, or the Crown Court, with the opinion of the High Court,
  and may make such other order in relation to the matter (including as to costs) as it thinks fit.
      (4) Except as provided by the Administration of Justice Act 1960 (right of appeal to House of Lords in criminal cases), a decision of the High Court under this section is final."
Vice-president of the Queen's Bench Division.     50. - (1) The Lord Chancellor may appoint one of the ordinary judges of the Court of Appeal as vice-president of the Queen's Bench Division and any person so appointed shall hold that office in accordance with the terms of his appointment.
      (2) In section 4 of the Supreme Court Act 1981 (composition of High Court)-
    (a) in subsection (1) (membership), after the words "the Senior Presiding Judge;" insert-
    "(ddd) the vice-president of the Queen's Bench Division;", and
    (b) in subsection (6) (vacancy in offices not to affect constitution), at the end insert "and whether or not an appointment has been made to the office of vice-president of the Queen's Bench Division."
      (3) In section 5 of that Act (divisions of High Court), in subsection (1)(b) (Queen's Bench Division), after "thereof," insert "the vice-president of the Queen's Bench Division".
Reporting of proceedings relating to children.     51. In section 97 of the Children Act 1989 (privacy for children involved in certain proceedings)-
    (a) in subsection (2) (which prohibits the publication of material intended or likely to identify a child as being involved in proceedings before a magistrates' court in which powers under that Act may be exercised), after "before" insert "the High Court, a county court or", and
    (b) in subsection (8) (which makes provision about the application of certain provisions of the Magistrates' Courts Act 1980 in relation to proceedings to which section 97 applies), after "any proceedings" insert "(before a magistrates' court)".
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Prepared 17 February 1999