| Previous Section | Back to Table of Contents | Lords Hansard Home Page |
In section 2 (dispute as to damage caused during survey)—
(a) for "by any two or more justices in petty sessions assembled of the place in which the lands, grounds, heritages, or trees may be situate" substitute "by a magistrates' court", and
(b) for "the justices, may appeal" substitute "the magistrates' court, may appeal".
(1) In section 17 (punishment of persons employed on railways guilty of misconduct)—
(a) for "before some justice of the peace for the place within which such offence shall be committed" substitute "before a magistrates' court",
(b) for "such justice as aforesaid (who is hereby authorised and required, upon complaint to him made, without information in writing, to take cognizance thereof, and to act summarily in the premises), in the discretion of such justice," substitute "a magistrates' court,"
(c) omit ", in the like discretion of such justice, shall",
(d) for "as such justice shall appoint" substitute "as a magistrates' court shall appoint", and
(e) omit the words from "and every such penalty" to the end.
(2) This paragraph extends only to England and Wales.
(1) In section 24 (compensation for damage caused by temporary buildings), omit "of the county, riding, city, or place".
(2) This paragraph extends only to England and Wales."
Page 77, line 15, leave out paragraph 11 and insert—
"(1) Amend section 24 (proceedings with respect to licences on quitting service) as follows.
(2) Re-number the existing provision subsection (1).
(3) In that subsection—
(a) for "any time not exceeding" substitute "a time which, excluding any day mentioned in subsection (2), does not exceed",
(b) for "the magistrates' court for the petty sessions area in which the said proprietor shall dwell" substitute "a magistrates' court",
(c) for "at the time of applying" substitute "when applying",
(d) for "justices' chief executive for such" substitute "designated officer for the",
(e) for "twenty-four hours, exclusive of Sunday or any day on which the magistrates' court shall not sit," substitute "that time", and
(f) for "at the same magistrates' court" substitute "to a magistrates' court".
(4) After that subsection insert—
"(2) The days are—
(a) Saturday or Sunday;
(b) Christmas Day or Good Friday;
(c) a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).""
Page 77, line 21, at end insert—
11A In section 3 (interpretation), omit the words from "The word "justice"" to "acting together in petty sessions".
11B In section 18 (transmission of shares by other means than transfer to be authenticated by a declaration), for the words from "before a justice" to "and such declaration" substitute "before a justice or a person authorised to administer oaths; and such declaration".
11C In section 33 (evidence as to forfeiture of shares), for the words from "before any justice" to "that the call" substitute "before any justice or a person authorised to administer oaths, that the call".
11D Paragraphs 11A to 11C extend only to England and Wales.
11E (1) In section 3 (interpretation), omit the words from "The word "justices"" to "acting together".
(2) This paragraph extends only to England and Wales.
11F In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:".
11G In section 11 (limiting deviation from datum line described on sections, etc.)—
(a) for "in petty sessions assembled for that purpose, and acting for the district" substitute "acting in the local justice area", and
(b) for the words from "every petty sessions" to "holding of such petty sessions" substitute "every hearing before two or more justices to be held for the purpose of obtaining their consent as mentioned above shall, at least 14 days before the hearing".
11H In section 46 (crossings of roads—level crossings), omit "in petty sessions".
11I In section 59 (proceedings on application to justices to consent to level crossings over highways other than public carriage roads)—
(a) for "fourteen days at least previous to the holding of the petty sessions at which such application is intended to be made" substitute "at least 14 days before the application is intended to be made",
(b) for "acting for the district" substitute "acting in the local justice area", and
(c) omit ", and assembled in petty sessions,".
11J Paragraphs 11F to 11I extend only to England and Wales.
11K In section 1 (dispute as to damage caused during survey), for "by any two or more justices of the peace, in petty sessions assembled, of the place where the lands or trees may be situate" substitute "by a magistrates' court".
11L In section 6 (interpretation), for "the word "justices" shall include all persons acting in the commission of the peace and" substitute "the words "magistrates' court" shall include".
11M (1) In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:".
(2) This paragraph does not extend to Northern Ireland.
11N (1) In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:".
(2) This paragraph does not extend to Northern Ireland.
11O (1) In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:".
(2) This paragraph does not extend to Northern Ireland.
11P (1) In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:".
(2) This paragraph does not extend to Northern Ireland.
11Q (1) In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:".
(2) This paragraph does not extend to Northern Ireland.
11R In section 2 (registration of authorisation)—
(a) for "clerk of the magistrates acting for the petty sessions area" substitute "designated officer for the local justice area", and
(b) for "clerk of the magistrates as" substitute "designated officer as".
11S In section 13 (English warrants may be backed in the Isles of Man, Guernsey, Jersey, Alderney or Sark, and vice versa)—
(a) omit "any county, riding, division, liberty, city, borough, or place in" (in both places),
(b) for "and for the county or place into which such person shall escape or go, or where he shall reside or be, or be supposed or suspected to be," substitute "England and Wales",
(c) for "indorsing the same has jurisdiction" substitute "indorsing the same is acting or has jurisdiction",
(d) for "issued such warrant or process shall have jurisdiction" substitute "issued such warrant or process is acting or has jurisdiction", and
(e) for "had been apprehended within his jurisdiction" substitute "had been apprehended in England or Wales or (as the case may be) within his jurisdiction"."
Page 77, line 24, at end insert—
12A In section 4 (how damage to be assessed), for "for the county or riding or other division or place within which" substitute "acting in the local justice area in which".
12B In section 6 (justices' warrant for distress), for "of such county or riding, or other district or place as aforesaid, shall, by warrant under their hands and seals," substitute "acting in the local justice area shall by warrant".
12C In section 2 (offence of making a disturbance in churches, chapels, churchyards etc.)—
(a) for "before two justices of the peace" substitute "by a magistrates' court",
(b) for "a penalty of not more than" substitute "a fine not exceeding", and
(c) for "for every such offence, or may, if the justices before whom he shall be convicted think fit, instead of being subjected to any pecuniary penalty, be committed to prison for any time" substitute "or to imprisonment for a term".
12D In section 3 (power to arrest offenders and take them before a justice of the peace), for "justice of the peace of the county or place where the said offence shall have been so committed," substitute "magistrates' court".
12E Paragraphs 12C and 12D do not extend to Northern Ireland.
12F (1) In section 47 (interpretation), omit the words from "The word "justices"" to "acting together:".
(2) This paragraph extends only to England and Wales.
12G In section 44 (if magistrates dismiss case of assault or battery, they must make out certificate to that effect), omit "under their hands".
12H In section 65 (justices may issue search warrants for explosive substances)—
(a) for "Any justice of the peace of any county or place in which" substitute "Where",
(b) after "in this Act mentioned," insert "a justice of the peace,", and
(c) omit "under his hand and seal".
12I Paragraphs 12G and 12H do not extend to Northern Ireland.
(1) In section 1 (interpretation), omit from "; and the words "justice" and "justices"" onwards.
(2) This paragraph does not extend to Northern Ireland.
In section 2 (summons to appear before justice of the peace)—
(a) after "citing such person to appear before" insert ", in England and Wales, a magistrates' court or",
(b) omit "England and", and
(c) for "forfeit and pay any sum" substitute "be liable to a fine".
In section 3 (recovery of penalties), omit "in England in the same manner as penalties under the Game Act 1831 and"."
Page 77, line 27, at end insert—
Next Section
Back to Table of Contents
Lords Hansard Home Page