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The Lord Chancellor moved Amendment No. 45:
Page 79, line 9, at end insert--
. 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".
. 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".
. In section 4 of the Inclosure Act 1773 (expenses), for "county" substitute "commission area".
. In section 2 of the Burial Ground Act 1816 (valuation of land), for "county, town, or district" substitute "commission area".
. In section 1 of the Inclosure and Drainage (Rates) Act 1833 (recovery of rates or assessments), for "county, riding, or division" substitute "commission area".
. In section 2 of the Ordnance Survey Act 1841 (powers of entry), for "of the county" substitute "of the place".
. In section 1 of the Geological Survey Act 1845 (powers of entry), for "county in which" substitute "place where".
. In section 159 of the Inclosure Act 1845 (recovery of penalties), after "county" insert "or other jurisdiction".").
The noble and learned Lord said: My Lords, I beg to move Amendment No. 45 and, at the same time, to speak to Amendments Nos. 46 to 51, Nos. 57 to 63 and Nos. 64 to 66. These amendments to Schedules 7 and 11 are consequential on the establishment of single definitions for commission areas and petty session areas under the Justices of the Peace Act 1997, as amended by the Access to Justice Bill. The amendments are minor and technical.
On Question, amendment agreed to.
The Lord Chancellor moved Amendments Nos. 46 to 51:
Page 79, line 21, at end insert--
. 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".
. 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--
.--(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--
"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."
. 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--
. 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".").
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--
. 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".
. 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.
The Lord Chancellor: My Lords, I have already spoken to these amendments and I beg to move them en bloc.
On Question, amendments agreed to.
The Lord Chancellor moved Amendment No. 52:
After Schedule 8, insert the following new schedule--
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
(c) in the case of any other relevant order, before a magistrates' court acting for the petty sessions area concerned."
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
(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)".
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
(c) for "a reference to the" substitute "references to the".
(2) The provisions referred to in sub-paragraph (1) are--
(a) section 16B(2) of the Children and Young Persons Act 1969,
(b) section 35(5) and (8) of the Crime (Sentences) Act 1997, and
(c) paragraph 5(4) of Schedule 5 to the Crime and Disorder Act 1998.").
On Question, amendment agreed to.
Schedule 10 [Transitional provisions and savings]:
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