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

Access to Justice Bill [H.L.] - Amendments to be debated in the House of Lords - continued	House of Lords
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Schedule 7

BY THE LORD CHANCELLOR

Page 79, line 9, at end insert--

("The Parochial Libraries Act 1708 (c.14)

. In section 10 of the Parochial Libraries Act 1708 (warrant to search for lost library books), for "within the county riding or division" substitute "for the commission area".

The Distress for Rent Act 1737 (c.19)

. In section 4 of the Distress for Rent Act 1737 (procedure where goods fraudulently carried off), for "county, riding, or division or such county," substitute "commission area".

The Inclosure Act 1773 (c.81)

. In section 4 of the Inclosure Act 1773 (expenses), for "county" substitute "commission area".

The Burial Ground Act 1816 (c.141)

. In section 2 of the Burial Ground Act 1816 (valuation of land), for "county, town, or district" substitute "commission area".

The Inclosure and Drainage (Rates) Act 1833 (c.35)

. In section 1 of the Inclosure and Drainage (Rates) Act 1833 (recovery of rates or assessments), for "county, riding, or division" substitute "commission area".

The Ordnance Survey Act 1841 (c.30)

. In section 2 of the Ordnance Survey Act 1841 (powers of entry), for "of the county" substitute "of the place".

The Geological Survey Act 1845 (c.63)

. In section 1 of the Geological Survey Act 1845 (powers of entry), for "county in which" substitute "place where".

The Inclosure Act 1845 (c.118)

. In section 159 of the Inclosure Act 1845 (recovery of penalties), after "county" insert "or other jurisdiction".")

Page 79, line 21, at end insert--

("The Municipal Corporations Act 1882 (c.50)

. In section 153(3) of the Municipal Corporations Act 1882 (warrant of two justices for the county requiring payment to county treasurer), for "for the county" substitute "for a commission area consisting of or including the whole or part of the county".

The Local Government Act 1888 (c.41)

. In section 28(2) of the Local Government Act 1888 (power of county council to delegate to justices of the county functions relating to contagious diseases of animals), for "county sitting in petty sessions" substitute "peace for a commission area consisting of or including the whole or part of the county".")

Page 80, line 8, at end insert--

("The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c.65)

.--(1) Paragraph 4 of Part II of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (allocation of functions to make up civil remuneration of justices' clerks) is amended as follows.

(2) In the first column--

(a) for "Clerk to county justices" substitute "Justices' clerk", and

(b) for "said Act" substitute "Justices of the Peace Act 1997". (3) For the entry in the third column substitute--

1997 c. 25.

The paying authority is the authority which is the paying authority in relation to the magistrates' courts committee for the purposes of section 55 of the Justices of the Peace Act 1997 (and where there are two or more such authorities, the proportions in which they contribute to give effect to any determination shall be such as they may agree or, in default of agreement, as may be determined by the Lord Chancellor).

The justices for whom the clerk acts are the authority entitled to appeal against a determination."

1997 c. 25.

The Prison Act 1952 (c.52)

. In section 19(1) of the Prison Act 1952 (right of justice to visit prison)--

(a) for "county", in the first place, substitute "commission area", and

(b) for "county", in the second and third places, substitute "area".")

Page 80, line 8, at end insert--

("The Maintenance Orders Act 1958 (c.39)

. In section 21(1) of the Maintenance Orders Act 1958 (interpretation), in the definition of "magistrates' court" and "petty sessions area", for the words from "and "petty sessions area"" to "court" substitute "has the meaning assigned to it by the Magistrates' Courts Act 1980 and".")

1980 c. 43.

     Page 80, line 14, at end insert--

    (". In section 85(1) (search warrants for parties organised for gain), for "county or borough" substitute "commission area".

    . In section 187(1) (search warrants), for "county or borough" substitute "commission area".

    . In section 188(1) (closing of licensed premises in case of riot or tumult), for "county or borough" (in both places) substitute "commission area".

    .--(1) Section 193 (disqualification of justices) is amended as follows.

    (2)  In subsection (1) (disqualifying trades)--

(a) for "any county" substitute "any commission area", and

(b) for "county or borough" substitute "area". (3) In subsection (2) (disqualifying shareholdings)--

(a) for "any county" substitute "any commission area", and

(b) for "that county" substitute "that area".")

Page 81, line 9, at end insert--

("The Public Passenger Vehicles Act 1981 (c.14)

. In section 82(1) of the Public Passenger Vehicles Act 1981 (interpretation), in the definition of "magistrates' court" and "petty sessions area", for "and "petty sessions area" have the same meanings" substitute "has the same meaning".

The Road Traffic Regulation Act 1984 (c.27)

. In section 142(1) of the Road Traffic Regulation Act 1984 (interpretation), in the definition of "magistrates' court" and "petty sessions area", for "and "petty sessions area" have the same meanings" substitute "has the same meaning".")

Page 83, leave out lines 1 to 3

After Schedule 8

BY THE LORD CHANCELLOR

Insert the following new Schedule--

("SCHEDULE

ENFORCEMENT OF COMMUNITY ORDERS MADE BY CROWN COURt

1. Schedule 2 to the Criminal Justice Act 1991 (enforcement of community orders) has effect subject to the amendments in paragraphs 2 to 8.

2. In paragraph 2(2) (issue by justice of the peace of summons or warrant to direct offender to appear or be brought, in the case of a drug treatment or testing order, before the court responsible for the order and, in the case of any other relevant order, before a magistrates' court for the petty sessions area concerned), for paragraphs (a) and (b) substitute--

(a) in the case of a drug treatment and testing order, before the court responsible for the order;

(b) in the case of any other relevant order which was made by the Crown Court and included a direction that any failure to comply with any of the requirements of the order be dealt with by the Crown Court, before the Crown Court; and

3. In paragraph 3(1) (powers of magistrates' court), for "the magistrates' court" substitute "a magistrates' court".

4. In paragraph 6(5) (community service orders)--

(a) in paragraph (a), for "7(2)(a)(ii)" substitute "7(2)(b)", and

(b) in paragraph (b), for "reference in paragraph 7(1)(b)" substitute "references in paragraphs 7(1)(b) and 8(1)(a)" and for "a reference" substitute "references". 5.--(1) Paragraph 7 (revocation of order by magistrates' court) is amended as follows.

(2) In sub-paragraph (1)--

(a) after "a relevant order" insert "made by a magistrates' court", and

(b) for "for which a magistrates' court is responsible, to that court" substitute ", to the magistrates' court responsible for the order". (3) For sub-paragraph (2) substitute--

(2) The court may--

(a) revoke the order; or

(b) revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence."

    (4)  In sub-paragraph (3), for "(2)(a)(i)" substitute "(2)(a)".

    (5)  In sub-paragraphs (4) and (5), for "(2)(a)(ii)" substitute "(2)(b)".

    (6)  Omit sub-paragraph (6).

    6. For paragraph 8(1) and (1A) (circumstances in which Crown Court may revoke an order) substitute--

8.--(1) This paragraph applies where--

(a) a relevant order made by the Crown Court is in force in respect of an offender and the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other manner for the offence in respect of which the order was made; or

(b) an offender in respect of whom a relevant order is in force is convicted of an offence before the Crown Court or, having been committed by a magistrates' court to the Crown Court for sentence, is brought or appears before the Crown Court."

    7.--(1) Paragraph 8A (replacement of probation order with conditional discharge) is amended as follows.

    (2)  In sub-paragraph (1), for "it appears to a magistrates' court acting for the petty sessions area concerned" substitute "to a magistrates' court acting for the petty sessions area concerned (where the order was made by a magistrates' court) or the Crown Court (where the order was made by the Crown Court) it appears to the court".

    (3)  In sub-paragraph (2), after "paragraph 7" insert "or 8".

    (4)  In sub-paragraph (3)--

(a) omit "and the probation order was made by a magistrates' court", and

(b) for "the magistrates' court" substitute "the court". (5) Omit sub-paragraphs (4) and (5).

(6) In sub-paragraph (6)--

(a) for "sub-paragraphs (3) and (5)" substitute "sub-paragraph (3)", and

1991 c. 53.

(b) in the words treated as substituted in section 1A(1) of the Powers of Criminal Courts Act 1973, omit "or (5)". 8. In paragraph 11A (application of paragraph 6A for purposes of paragraphs 6 and 7), for "7(2)(a)(ii)" substitute "7(2)(b)".

1973 c. 62.

9.--(1) In each of the provisions specified in sub-paragraph (2) (which refer to paragraph 7 of Schedule 2 to the Criminal Justice Act 1991)--

(a) for "7(2)(a)(ii)" substitute "7(2)(b)",

(b) for "reference in paragraph 7(1)(b)" substitute "references in paragraphs 7(1)(b) and 8(1)(a)", and

1991 c. 53.

(a) section 16B(2) of the Children and Young Persons Act 1969,

1969 c. 54.

(b) section 35(5) and (8) of the Crime (Sentences) Act 1997, and

1997 c. 43.

1998 c. 37.

Schedule 10

BY THE LORD CHANCELLOR

Page 108, line 2, after ("stipendiary"") insert ("magistrate"")

     Page 108, line 4, at end insert--

    ("(6)  This paragraph has effect subject to paragraph 28A.

    28A.--(1) If section 55 of this Act has not come into force at the end of the period of two months beginning with the day on which this Act is passed, paragraph 28 shall apply as follows until that section comes into force.

    (2)  The subsection (3) treated as substituted by sub-paragraph (2)(c) of that paragraph shall have effect as if--

(a) for "Senior District Judge (Chief Magistrate)" there were substituted "chief metropolitan stipendiary magistrate", and

(b) for "District Judges (Magistrates' Courts)" (in both places) there were substituted "metropolitan stipendiary magistrates". (3) Sub-paragraph (5) of that paragraph shall have effect as if paragraph (a) read--

(a) after the words "chief metropolitan stipendiary magistrate" there were inserted "(if he is a member)", and".")

Schedule 11

BY THE LORD CHANCELLOR

Page 111, line 33, at end insert--

("1933 c. 12.

The Children and Young
Persons Act 1933.

In section 36, the proviso.")

Page 111, column 3, leave out line 42

Page 112, line 32, at end insert--

("31 & 32 Vict.
c. 72.

The Promissory Oaths Act 1868.

In the Second Part of the Schedule, the words for counties and boroughs".")

Page 112, line 44, at end insert--

("14 & 15 Geo.6 c. 65.

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.

In Part II of Schedule 2, paragraph 5(b) and, in paragraph 6(b), in the third column, the words from "and where" to the end.")

Page 112, line 44, at end insert--

("7 & 8 Eliz.2
c. 7.

The Man&#M143;uvres Act 1958.

In section 9, the definition of "petty sessions area".")

Page 112, column 3, leave out line 45 and insert--

("In section 2, in subsection (1), the words from ", within" to the end and subsection (2A).")

Page 113, line 5, at end insert--

("1969 c. 54.

The Children and Young Persons Act 1969.

In section 70(1), in the definition of "petty sessions area", the words "has the same meaning as in the Magistrates' Courts Act 1980, except that" and the word "it".")

Page 113, line 22, at end insert--

		("In Schedule 7, paragraphs 27 and 85.
1980 c. 66.	The Highways Act 1980.	In section 329(1), the definition of "petty sessions area".")

Page 113, line 28, at end insert--

("1988 c. 52.	The Road Traffic Act 1988.	In section 192(1), the definition of "petty sessions area".
1988 c. 53.	The Road Traffic Offenders Act 1988.	In section 34C(2), the definition of "petty sessions area". In section 89(1), the definition of "petty sessions area", apart from the word "and" at the end.")

Page 113, column 3, leave out line 44 and insert ("2(1), (3) and (7) and 5.")

Page 113, line 47, column 3, leave out from ("Schedule,") to end of line 50 and insert ("paragraph 7.")

Page 114, line 17, column 3, after (""above,"") insert (", the words "or to county justices" and the words "or justices for the City"")

Page 116, line 32, at end insert--

("(3A) ENFORCEMENT OF COMMUNITY ORDERs


Chapter	Short title	Extent of repeal

1991 c. 53.	The Criminal Justice Act 1991.	In Schedule 2, paragraph 7(6) and, in paragraph 8A-- in sub-paragraph (3), the words "and the probation order was made by a magistrates' court", sub-paragraphs (4) and (5), and in sub-paragraph (6), in the words treated as substituted in section 1A(1) of the Powers of Criminal Courts Act 1973, the words "or (5)".
1998 c. 37.	The Crime and Disorder Act 1998.	In Schedule 4, paragraphs 3 and 7(1).")

In the Title

BY THE LORD CHANCELLOR

Line 7, leave out ("the reporting of")



© Parliamentary copyright 1999	Prepared 16 March 1999