Courts Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments


Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)

    (1)   Amend section 3 (power to close highways) as follows.
(2)      In subsection (1), omit "sitting in petty sessions in the petty sessions area within which that highway or part of a highway is situated".
(3)      In subsection (2), omit ", being a highway or part within the jurisdiction of those justices".
(4)      For subsection (5)(c) substitute—
    "(c)  the references to justices of the peace shall be construed as references to the district court for the area in which the highway or part of a highway is situated."

Obscene Publications Act 1959 (c. 66)

(1)      Amend section 3 (powers of search, seizure and forfeiture) as follows.
(2)      In subsection (1), omit "in the petty sessions area for which he acts," and "in that area".
(3)      In subsection (3)—
(a)  for "for the same petty sessions area as the justice who issued the warrant, and the justice before whom the articles are brought" substitute "in the local justice area in which the articles were seized, who";
(b)  for "for that petty sessions area" substitute "acting in that local justice area".

Road Traffic Act 1960 (c. 16)

      In section 243(a) (proof in summary proceedings of identity of driver), for "rules made under section fifteen of the Justices of the Peace Act 1949" substitute "Criminal Procedure Rules"."
Page 82, line 31, at end insert—

"Administration of Justice Act 1960 (c. 65)

      In section 2(3) (power to extend time for applying for leave to appeal to House of Lords), omit "Except in a case involving sentence of death,".
      Omit section 3 (special provision as to capital cases)."
Page 82, line 42, at end insert—
"(1)      Amend Schedule 1 (bookmaker's permits, betting agency permits and betting office licences) as follows.
(2)      In paragraph 1(a)—
(a)  for "petty sessions" substitute "local justice", and
(b)  for "acting for" substitute "acting in".
(3)      In paragraph 2—
(a)  in the definition of "appropriate authority", for "petty sessions" substitute "local justice", and
(b)  in paragraph (a) of the definition of "the proper officer of the appropriate authority", for "chief executive to" substitute "designated officer for".
(4)      In paragraph 20A(5), for the words from "for a petty" onwards substitute "in a local justice area, is a justices' clerk designated by the Lord Chancellor in relation to the committee"."
Page 83, line 8, at end insert—
      "In section 26 (Inner and Middle Temples), omit "commissions of the peace,".

Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)

      In section 1(1) (endorsement of warrants issued in Republic of Ireland)—
(a)  in paragraph (b) after "within the area" insert "in or", and
(b)  for "comprising the area for" substitute "which consists of or includes the area in or for".
      In section 4(1) (issue of provisional warrant), in paragraph (c), after "within the area" insert "in or".
      In section 6(2) (discharge of persons where police of Republic no longer require his delivery into their custody), after "justice of the peace acting" insert "in or".
      In section 8(1) (rules of court) for paragraph (a) substitute—
    "(a)  in England and Wales, Criminal Procedure Rules;".
(1)      Amend the Schedule (supplementary provisions as to proceedings under section 2) as follows.
(2)      For paragraphs 2 and 2A substitute—
    "2      The court shall sit in open court and shall consist of—
    (a)  at least two justices, or
    (b)  a District Judge (Magistrates' Courts)."
(3)      In paragraph 3, for "paragraphs 2 and 2A" substitute "paragraph 2".

Compulsory Purchase Act 1965 (c. 56)

      Omit section 1(5) (jurisdiction of justices of the peace)."
Page 83, line 12, at end insert—

"Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)

      In each of the following provisions, for "Crown Court rules", in each place it occurs, substitute "Criminal Procedure Rules"—
(a)  section 2(7), (8) and (9) (issue of witness summons on application to Crown Court),
(b)  section 2B(2) and (3) (summons no longer needed),
(c)  section 2C(2), (3), (5), (6) and (7) (application to make section 2 summons ineffective), and
(d)  section 2E(3) and (4) (application to make section 2D summons ineffective)."
Page 83, line 27, at end insert—

"Gaming Act 1968 (c. 65)

(1)      Amend Schedule 2 (court order cancelling licence) as follows.
(2)      In paragraph 1(1)(a), for "petty sessions" substitute "local justice".
(3)      In paragraph 2(1), for "petty sessions" substitute "local justice".
(4)      In paragraph 48(5), for "justices' chief executive" substitute "designated officer".
(1)      Amend Schedule 3 (registration of members' clubs in England and Wales) as follows.
(2)      In—
(a)  paragraph 12(1) (in both places),
(b)  paragraph 13(1),
(c)  paragraph 15(1) (in both places),
(d)  paragraph 16(1),
(e)  paragraph 17(3) (in both places),
(f)  paragraph 23, and
(g)  paragraph 24(1) and (2),
  for "chief executive to" substitute "designated officer for".
(3)      In paragraph 17(4), for "justices' chief executive" substitute "designated officer".
      In Schedule 7 (registration for gaming by means of machines), in—
(a)  paragraphs 3(1) and 4(1),
(b)  paragraph 11(1) (in both places),
(c)  paragraph 11(2),
(d)  paragraphs 13(1) and 14,
(e)  paragraph 20(1) (in both places), and
(f)  paragraphs 24 and 25(1) and (2),
  for "chief executive to" substitute "designated officer for"."
Page 83, line 28, at end insert—
      "In section 23AA (electronic monitoring of conditions of remand), in each of subsections (4)(a) and (9), for "petty sessions area" substitute "local justice area"."
Page 83, line 35, at end insert—

"Administration of Justice Act 1970 (c. 31)

      In section 41(5) (enforcement of orders for payment of costs and compensation made before the appointed day), for "the magistrates' court for the petty sessions area" substitute "a magistrates' court acting in the local justice area"."
Page 84, line 5, at end insert—
      "In section 52(3) (award of costs where information or complaint is not proceeded with)—
(a)  in paragraph (b), for "acting for any area" substitute "acting in any local justice area", and
(b)  for "for that area" substitute "acting in that area"."
Page 84, line 20, at end insert—
      "In section 25(1) (interpretation), omit the definition of "rules of court" and "and" before it."
Page 84, line 23, at end insert—

"Immigration Act 1971 (c. 77)

      In section 25D(6)(a) (court to which application may be made following detention of ships, aircraft and vehicles), for sub-paragraphs (i) and (ii) substitute—
    "(ia)  if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;".
(1)      Amend section 28K (execution of search warrants issued to immigration officers) as follows.
(2)      For subsection (9)(a), substitute—
    "(a)  if issued by a justice of the peace in England and Wales, to the designated officer for the local justice area in which the justice was acting when he issued the warrant;".
(3)      In subsection (10), for "justices' chief executive" substitute "designated officer".
(1)      Amend Schedule 2 (administrative provisions about control on entry) as follows.
(2)      In paragraphs 23(1A)(a) and 31(3A)(a), for "justices' chief executive" substitute "designated officer".
(3)      In paragraphs 23(3) and 31(4), for "purposes of the Justices of the Peace Act 1997 and, in particular section 60 of that Act, as being" substitute "purposes of section 33 of the Courts Act 2003 (application of receipts of designated officers) as being".
(4)      In paragraphs 24(2)(a) and 33(2)(a), after "hours, before" insert "in England and Wales, a justice of the peace, in Northern Ireland,".
(1)      Amend Schedule 3 (supplementary provisions about deportation) as follows.
(2)      After paragraph 6(2) insert—
    "(2A)      Where the Crown Court directed release, the appropriate court is that court or a magistrates' court."
(3)      In paragraph 6(3), omit "the Crown Court or" and "commission area or".
(4)      In paragraph 8(1)—
(a)  for "England or Wales or" substitute "England or Wales in pursuance of paragraph 7 above shall be brought as soon as practicable and in any event within twenty-four hours after his arrest before a justice of the peace in England or Wales, and a person arrested in";
(b)  omit "area or"."
Page 85, line 11, at end insert—
"(1)      Amend section 18 (provision that may be made by magistrates' courts rules) as follows.
(2)      In subsection (1)—
(a)  for the words preceding paragraph (a) substitute "Rules of court may make provision with respect to—";
(b)  in paragraph (a), for "for a particular petty sessions area" substitute "in a particular local justice area", and for "for such other petty sessions area" substitute "in such other local justice area".
(3)      In subsection (1A), for "rules made under section 144 of the Magistrates' Courts Act 1980" substitute "rules of court".
      In section 21(1) (interpretation of Part 1), in the definition of "prescribed", omit—
(a)  "in England and Wales or",
(b)  "by rules made under section 144 of the Magistrates' Courts Act 1980 or", and
(c)  "as the case may be,"."
Page 86, line 19, at end insert—

"Civil Evidence Act 1972 (c. 30)

      Omit section 2(8) (power to make rules of court under section 2 is without prejudice to other such powers)."
Page 86, line 24, at end insert—

"Administration of Justice Act 1973 (c. 15)

      In section 5 (consequential) omit "Paragraph 7 of".
      In Schedule 1 (justices of the peace: consequential re-enactments and amendments), omit paragraphs 7 to 7B and 10(1)."
Page 86, line 25, at end insert—
      "In section 35(3) (jurisdiction to hear application for alteration of maintenance agreement), for "at least one of the parties is resident within the commission area for which the court is appointed" substitute "the court acts in, or is authorised by the Lord Chancellor to act for, a local justice area in which at least one of the parties is resident"."
Page 86, line 37, at end insert—
(a)  section 9(3) (appeal against refusal to excuse from jury service), and
(b)  section 9A(3) (appeal against refusal to defer jury service),
  for "Crown Court rules" substitute "Criminal Procedure Rules".
      In section 14 (views by jurors), for "Crown Court rules, and rules of court for civil cases," substitute "Criminal Procedure Rules and Civil Procedure Rules"."
Page 86, line 39, at end insert—

back to previous pagecontinue to next page
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
6 May 2003