Access to Justice Bill [H.L.] - continued        House of Lords
SCHEDULE 9, FUNCTIONS TRANSFERRED TO JUSTICES' CHIEF EXECUTIVES - continued
The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18) - continued

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    (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".
 
     37. - (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 "relevant officer".
 
      (3) After that subsection insert-
 
 
    "(3A) In subsection (3) above "relevant officer" means-
 
 
    (a) in relation to a magistrates' court in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts, 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".
 
     38. - (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”".
 
     39. In section 27C(4) (powers of court when making an order on an application for recovery of maintenance in England and Wales), 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".
 
     40. - (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".
 
 
The Matrimonial Causes Act 1973 (c.18)
     41. - (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 Domestic Proceedings and Magistrates' Courts Act 1978 (c.22)
     42. The Domestic Proceedings and Magistrates' Courts Act 1978 has effect subject to the following amendments.
 
     43. 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 appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts".
 
     44. In section 32(2) (enforcement of orders for payment of money), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
 
     45. - (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 Magistrates' Courts Act 1980 (c.43)
     46. The Magistrates' Courts Act 1980 has effect subject to the following amendments.
 
     47. - (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".
 
     48. - (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; and
 
      (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".
 
     49. 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".
 
     50. 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".
     51. In section 62(1)(ii) (proceedings by clerk for sums payable to child), for "clerk of" substitute "justices' chief executive for".
 
     52. - (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".
 
     53. - (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".
 
     54. 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".
 
     55. 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".
 
     56. 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".
 
     57. 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".
 
     58. 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".
     59. 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".
 
     60. - (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".
 
     61. 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".
 
     62. 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."
 
     63. In section 150 (interpretation), after subsection (1) insert-
 
 
    "(1A) In this Act references to the justices' chief executive for a magistrates' court are to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court is acting."
 
     64. 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 Civil Jurisdiction and Judgments Act 1982 (c.27)
     65. - (1) Section 5 of the Civil Jurisdiction and Judgments Act 1982 (recognition and enforcement of maintenance orders) is amended as follows.
 
      (2) In subsection (5B) (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".
 
      (3) In subsection (7) (requirement of payer to notify change of address to clerk of the court), for "clerk" substitute "relevant officer".
 
      (4) After that subsection insert-
 
 
    "(8) In subsection (7) "relevant officer" means-
 
 
    (a) in relation to a magistrates' court in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and
 
    (b) in relation to a magistrates' court in Northern Ireland, the clerk of the court."
 
The Insolvency Act 1986 (c.45)
     66. The Insolvency Act 1986 has effect subject to the following amendments.
 
     67. In section 9(1) (application for administration order), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
 
     68. In section 124(1) (application for winding up), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
 
 
The Criminal Justice Act 1988 (c.33)
     69. In section 81(3) to (9) of the Criminal Justice Act 1988 (application of proceeds of realisation and other sums), for "justices' clerk" (in each place) substitute "justices' chief executive".
 
 
The Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)
     70. - (1) Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders) is amended as follows.
 
      (2) In paragraph 1(5) (meaning of "proper officer")-
 
 
    (a) for "clerk of" (in the first three places) substitute "justices' chief executive for", and
 
    (b) for the words from "references to" to the end substitute "references to the justices' chief executive for a magistrates' court are to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court was acting."
      (3) In paragraph 9(4) (functions of clerk to be exercised by appropriate officer of High Court in case of order made elsewhere in British Islands), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
 
 
The Children Act 1989 (c.41)
     71. In paragraph 6A(3) of Schedule 1 to the Children Act 1989 (variation of order made by magistrates' clerk to provide that payments be made to clerk), for "to the clerk" substitute "to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts".
 
 
The Social Security Administration Act 1992 (c.5)
     72. In section 107 of the Social Security Administration Act 1992 (recovery of expenditure on income support)-
 
 
    (a) in subsections (5) and (11) (variation of order to provide that payments be made to clerk), for "to the clerk" substitute "to the justices' chief executive for the court", and
 
    (b) at the end insert-
 
    "(16) In this section references to the justices' chief executive for a magistrates' court are to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts".
 
 
The Drug Trafficking Act 1994 (c.37)
     73. In section 30(4) to (8) of the Drug Trafficking Act 1994 (application of proceeds of realisation and other sums), for "justices' clerk" (in each place) substitute "justices' chief executive".
 
 
The Reserve Forces Act 1996 (c.14)
     74. The Reserve Forces Act 1996 has effect subject to the following amendments.
 
     75. - (1) Paragraph 7 of Schedule 2 (delivery into military, air-force or naval custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.
 
      (2) In sub-paragraph (3) (fee payable to clerk of the court), for "clerk" substitute "relevant officer".
 
      (3) After that sub-paragraph insert-
 
 
    "(3A) In sub-paragraph (3) "relevant officer" means-
 
 
    (a) in relation to a magistrates' court in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and
 
    (b) in relation to any other court, the clerk of the court."
     76. - (1) Paragraph 9 of Schedule 3 (proof of outcome of civil trial) is amended as follows.
 
      (2) In sub-paragraph (2) (fee payable to clerk of the court), after "and" insert "the relevant officer of the court".
 
      (3) After sub-paragraph (3) insert-
 
 
    "(3A) In sub-paragraph (3) "relevant officer" means-
 
 
    (a) in relation to a magistrates' court in England and Wales, the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court acts; and
 
    (b) in relation to any other court, the clerk of the court."
 
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Prepared 29 January 1999