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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	The Gaming Act 1968 (c.65)
	57. The Gaming Act 1968 has effect subject to the following amendments. 58.--(1) Schedule 2 (grant etc. of licences) is amended as follows. (2) In paragraph 1(1) (licensing authority), at the end insert "and references to the proper officer of a licensing authority shall be construed accordingly". (3) In paragraphs 5(2) and 6(2) (procedure for application), for "clerk to" substitute "proper officer of". (4) In paragraph 7 (public notice of application)-- (a) in sub-paragraph (1), for "clerk to" substitute "proper officer of", (b) in sub-paragraph (2), for "clerk to" substitute "proper officer of" and for "if the clerk" substitute "if the proper officer", and (c) in sub-paragraphs (3) and (4), for "clerk to" substitute "proper officer of". (5) In paragraph 12(1) (making of application for renewal), for "clerk to" substitute "proper officer of". (6) In paragraph 13 (notification of application for renewal)-- (a) in sub-paragraphs (2) and (3), for "clerk to" substitute "proper officer of", (b) in sub-paragraph (4), for "clerk to" substitute "proper officer of" and for "clerk", in the other two places, substitute "proper officer", and (c) in sub-paragraph (5), for "clerk to" substitute "proper officer of". (7) In paragraph 14(2)(a) (proceedings on application for grant or renewal), for "clerk to" substitute "proper officer of". (8) In paragraph 15 (objections)-- (a) for "clerk to" substitute "proper officer of", and (b) in paragraph (b), for "clerk" substitute "proper officer". (9) In-- (a) paragraph 28 (notification of Board's advice), (b) paragraph 29(1) (in both places) and (2) (appeal by applicant), (c) paragraph 31(1) and (2) (appeal by Board), (d) paragraph 33(1) (appeal in Scotland), (e) paragraph 35(5) (revocation of certificate of consent), and (f) paragraphs 36(1) and (3) and 37 (cancellation), for "clerk to" substitute "proper officer of". (10) In paragraph 46(1) (notice of appeal), for "clerk" substitute "proper officer". (11) In paragraph 48 (cancellation of licence where holder convicted of offence)-- (a) in sub-paragraph (4), for "clerk of" and for "clerk to" (in both places) substitute "proper officer of", and (b) after that sub-paragraph insert-- (5) In sub-paragraph (4) of this paragraph, "the proper officer of the court" means-- (a) in relation to a magistrates' court, the justices' chief executive for the court, and (b) in relation to any other court, the clerk of the court." (12) In paragraphs 57(4) and 58(1) (transfer of licence), for "clerk to" substitute "proper officer of". (13) In paragraph 63 (fees)-- (a) in sub-paragraph (1), for "clerk to" substitute "proper officer of", and (b) in sub-paragraph (2), for "clerk to" substitute "proper officer of". (14) In paragraphs 64(1) and 65(1) and (2) (notification of corporate changes), for "clerk to" substitute "proper officer of". 59.--(1) Schedule 3 (registration of members' clubs in England and Wales) is amended as follows. (2) In-- (a) paragraph 12(1) (appeal by applicant), (b) paragraph 13(1) (appeal by Board), and (c) paragraphs 15(1) (in both places) and 16(1) (cancellation), for "clerk" substitute "chief executive". (3) In paragraph 17 (cancellation pursuant to conviction)-- (a) in sub-paragraph (3), for "clerk of" substitute "proper officer of" and for "clerk to" (in both places) substitute "chief executive to", and (b) after that sub-paragraph insert-- (4) In sub-paragraph (3) of this paragraph the "proper officer of the court" means-- (a) in relation to a magistrates' court, the justices' chief executive for the court, and (b) in relation to the Crown Court, the appropriate officer of the court." (4) In-- (a) paragraph 23 (fees), and (b) paragraph 24(1) and (2) (relinquishment of registration), for "clerk" substitute "chief executive". 60. In Schedule 7 (registration for gaming by means of machines), in-- (a) paragraph 3(1) (application for registration), (b) paragraph 4(1) (application for renewal of registration), (c) paragraph 11(1) (in both places) and (2) (appeal), (d) paragraphs 13(1), 14 and 20(1) (cancellation of registration), (e) paragraph 24 (fees), and (f) paragraph 25(1) and (2) (relinquishment of registration), for "clerk" substitute "chief executive". 61.--(1) Schedule 9 (permits under section 34) is amended as follows. (2) In paragraph 11(2) and (3) (appeals), for "clerk to" substitute "proper officer of". (3) In paragraph 21 (fees), for "clerk" substitute "proper officer". (4) After paragraph 23 insert-- 24. For the purposes of this Schedule, the proper officer of an appropriate authority is-- (a) where the appropriate authority is the licensing justices for a licensing district in England and Wales, the chief executive to the justices, and (b) in any other case, the clerk to the authority."
	The Late Night Refreshment Houses Act 1969 (c.53)
	62. In section 6(2) of the Late Night Refreshment Houses Act 1969 (licensing authority to give to clerk to justices a copy of register of late night refreshment houses in the area), for the words from "to the clerk" to the end substitute "a copy of or extract from the list or register to the justices' chief executive for any petty sessions area falling wholly or partly within their area."
	The Children and Young Persons Act 1969 (c.54)
	63. In the Children and Young Persons Act 1969, in-- (a) section 18(3) (copies of, or of variation or discharge of, supervision order) (in both places), and (b) section 19(5) and (10) (copies of supervision arrangements), for "clerk to the justices" substitute "justices' chief executive".
	The Attachment of Earnings Act 1971 (c.32)
	64. The Attachment of Earnings Act 1971 has effect subject to the following amendments. 65. 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". 66. 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". 67. 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". 68.--(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". 69. In section 21(2)(a)(ii) (costs due to clerk of magistrates' court), for "clerk of" substitute "justices' chief executive for".
	The Immigration Act 1971 (c.77)
	70.--(1) Schedule 2 to the Immigration Act 1971 (administrative provisions) is amended as follows. (2) In sub-paragraph (1) of paragraph 23, in paragraph (b) (particulars of recognizance to be given to clerk), for "clerk" substitute "proper officer". (3) After that sub-paragraph insert-- (1A) In sub-paragraph (1) "proper officer" means-- (a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and (b) in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court." (4) In sub-paragraph (3) of paragraph 31 (particulars of forfeited recognizance to be given to clerk), for "clerk" substitute "proper officer". (5) After that sub-paragraph insert-- (3A) In sub-paragraph (3) "proper officer" means-- (a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and (b) in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court."
	The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18)
	71. The Maintenance Orders (Reciprocal Enforcement) Act 1972 has effect subject to the following amendments. 72. 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". 73.--(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 "appropriate officer". (3) After that subsection insert-- (3A) In subsection (3) above "appropriate officer" means-- (a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; 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".		1980 c. 43.
	74.--(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"".		1980 c. 43.
	75.--(1) Section 23 (maintenance orders registered in High Court under Maintenance Orders (Facilities for Enforcement) Act 1920) is amended as follows. (2) In subsections (2), (3) and (4) (procedure), for "clerk" substitute "appropriate officer". (3) After subsection (5) insert-- (6) In this section "appropriate officer" means-- (a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and (b) in relation to a magistrates' court in Northern Ireland, the clerk of the court." 76. In section 26 (application for recovery of maintenance in convention country), for subsections (6) and (7) substitute-- (6) The appropriate officer for the purposes of this section is-- (a) where the applicant is residing in England and Wales, the justices' chief executive for the petty sessions area; (b) where the applicant is residing in Northern Ireland, the clerk of the court for the petty sessions district; and (c) where the applicant is residing in Scotland, the sheriff clerk or sheriff clerk depute of the sheriff court within the jurisdiction of which the applicant is residing." 77. In section 27B (sending application to the appropriate magistrates' court), for "clerk of" (in each place) substitute "justices' chief executive for". 78.--(1) Section 27C (application for recovery of maintenance in England and Wales) is amended as follows. (2) In subsection (4) (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 (7) (registration of order), for "clerk of" substitute "justices' chief executive for". 79.--(1) Section 32 (transfer of orders) is amended as follows. (2) In subsection (2) (transmission of copy of order)-- (a) for "the clerk" (in both places) substitute "the appropriate officer", and (b) for "that clerk" substitute "the appropriate officer". (3) After that subsection insert-- (2A) In subsection (2) above, the "appropriate officer" means-- (a) in relation to a court in England and Wales, the justices' chief executive for the court; and (b) in relation to a court in Northern Ireland, the clerk of the court." 80. In section 34(3) (application from abroad to vary a registered order), for "the clerk of that court" substitute "-- (a) the justices' chief executive for the court, if the court is in England and Wales; or (b) the clerk of the court, if the court is in Northern Ireland." 81.--(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".		1920 c. 33.
	The Matrimonial Causes Act 1973 (c.18)
	82.--(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 Powers of Criminal Courts Act 1973 (c.62)
	83. The Powers of Criminal Courts Act 1973 has effect subject to the following amendments. 84. In section 1B(5)(b) (memorandum of conviction in magistrates' court), for "clerk of the court" substitute "justices' chief executive". 85. In section 26(5) and (7) (suspended sentence supervision orders), for "clerk to the justices" substitute "justices' chief executive".
	The Salmon and Freshwater Fisheries Act 1975 (c.51)
	86.--(1) Schedule 4 to the Salmon and Freshwater Fisheries Act 1975 (procedure relating to offences) is amended as follows. (2) In paragraphs 10 and 12 (delivery of licence and certificate of conviction), for "clerk" substitute "proper officer". (3) After paragraph 13 insert-- 14. In paragraphs 10 and 12 above, "proper officer" means-- (a) in relation to a magistrates' court, the justices' chief executive for the court; and (b) in relation to the Crown Court, the appropriate officer."
	The Lotteries and Amusements Act 1976 (c.32)
	87.--(1) Schedule 3 to the Lotteries and Amusements Act 1976 (permits for commercial provision of amusements with prizes) is amended as follows. (2) In paragraph 1(2) (interpretation), at the end insert "and the proper officer of the appropriate authority" means-- (a) where the appropriate authority is the licensing justices for a licensing district in England and Wales, the chief executive to the justices; and (b) in any other case, the clerk to the authority." (3) In paragraph 8(2) and (3) (appeals) for "clerk to" substitute "proper officer of". (4) In paragraph 18 (fees), for "clerk" substitute "proper officer".
	The Adoption Act 1976 (c.36)
	88. In section 58A(3) of the Adoption Act 1976 (duty of clerk of a magistrates' court to send to Secretary of State particulars about proceedings relating to children), for "clerk of" substitute "justices' chief executive for".
	The Bail Act 1976 (c.63)
	89. In section 6(9)(c)(i) of the Bail Act 1976 (certification of copy of court record by justices' clerk), for the words from "clerk" to the end substitute "chief executive".
	The Domestic Proceedings and Magistrates' Courts Act 1978 (c.22)
	90. The Domestic Proceedings and Magistrates' Courts Act 1978 has effect subject to the following amendments. 91. 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 for the court". 92. In section 32(2) (enforcement of orders for payment of money), for "the clerk of a magistrates' court" substitute "a justices' chief executive". 93.--(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 Licensed Premises (Exclusion of Certain Persons) Act 1980 (c.32)
	94.--(1) Section 4 of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (supplemental) is amended as follows. (2) In subsection (3) (copy of exclusion order to be sent to licensee of relevant premises), for the words from "clerk" to "may be," substitute "proper officer of the court". (3) After that subsection insert-- (4) For the purposes of subsection (3) above-- (a) the proper officer of a magistrates' court in England and Wales is the justices' chief executive for the court; (b) the proper officer of the Crown Court is the appropriate officer; and (c) the proper officer of a court in Scotland is the clerk of the court."
	The Magistrates' Courts Act 1980 (c.43)
	95. The Magistrates' Courts Act 1980 has effect subject to the following amendments. 96. In section 6(5) (clerk to display details of cases committed for trial), for "clerk of" substitute "justices' chief executive for". 97. In section 12 (non-appearance of accused: plea of guilty), in subsections (1)(b), (4) (in both places) and (6) (in both places), for "clerk of" substitute "justices' chief executive for". 98.--(1) Section 14 (avoidance of certain proceedings) is amended as follows. (2) In subsection (1)(b) (service of declaration), for "clerk to the justices" substitute "justices' chief executive for the court". (3) In subsection (2) (deemed service), for "clerk to the justices" substitute "justices' chief executive". 99.--(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". 100.--(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; (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". 101. 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". 102. 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". 103. In section 62(1)(ii) (proceedings by clerk for sums payable to child), for "clerk of" substitute "justices' chief executive for". 104. In section 82(5A) (clerk to serve notice of hearing to consider issue of warrant of commitment for default in paying fine), for "clerk of" substitute "justices' chief executive for". 105.--(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". 106.--(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". 107. 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". 108. 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". 109. 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". 110. 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". 111. In section 97A(9), (10) and (11) (summons or warrant as to committal proceedings), for "clerk of" substitute "chief executive to". 112. 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". 113. 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". 114.--(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". 115. 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". 116. 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." 117. 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 Highways Act 1980 (c.66)
	118. In section 47(6) of the Highways Act 1980 (notification by clerk as to decision of justices who view allegedly unnecessary highway), for "clerk" substitute "chief executive".
	The Betting and Gaming Duties Act 1981 (c.63)
	119. The Betting and Gaming Duties Act 1981 has effect subject to the following amendments. 120.--(1) Paragraph 15 of Schedule 1 (enforcement of betting duty) is amended as follows. (2) In sub-paragraph (4) (notification of forfeiture and cancellation of betting office licence)-- (a) for "clerk of" substitute "proper officer of", and (b) for the words from "clerk to", in the first place, to "clerk to", in the second place, substitute "proper officer of the appropriate authority who last either granted or renewed the licence, send a copy of the order to the proper officer of". (3) After that sub-paragraph insert-- (4A) In sub-paragraph (4) above-- proper officer of the court" means-- (a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and (b) in relation to any other court, the clerk of the court, and
	appropriate authority" and "proper officer of the appropriate authority" have the same meaning as in Schedule 1 to the Betting, Gaming and Lotteries Act 1963." 121.--(1) Paragraph 15 of Schedule 4 (register of permits) is amended as follows. (2) In sub-paragraph (1) (registers of permits, etc), for "clerk to" substitute "proper officer of". (3) After sub-paragraph (2) insert-- (3) In sub-paragraph (1) above, "proper officer of the appropriate authority" means-- (a) where the appropriate authority is a committee of the justices acting for a petty sessions area, the chief executive to the justices; and (b) in any other case, the clerk to the authority."		1963 c. 2.



© Parliamentary copyright 1999	Prepared 24 June 1999