Access to Justice Bill [H.L.] -
Amendments to be debated in the House of Lords
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Schedule 10
 
198     Leave out Schedule 10 and insert the following new Schedule-- 
 ("SCHEDULE 10Section 69.
 FUNCTIONS TRANSFERRED TO JUSTICES' CHIEF EXECUTIVEs 
 The London Hackney Carriages Act 1843 (c.86) 
      1. In section 24 of the London Hackney Carriages Act 1843 (application for summons), for "clerk of" substitute "justices' chief executive for". 
 The Evidence Act 1851 (c.99) 
      2.--(1) Section 13 of the Evidence Act 1851 (proof of previous conviction by copy of record certified by clerk) is amended as follows.
 
    (2)  Number the existing provision as subsection (1) and for the words from "under the hand" to "such clerk or other officer," substitute "by the proper officer of the court where such conviction or acquittal took place".
 
    (3)  After that subsection insert--
        (2)  In subsection (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 any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer."
 
 The Criminal Procedure Act 1865 (c.18) 
 
        3.--(1) Section 6 of the Criminal Procedure Act 1865 (proof of previous conviction of witness by certificate signed by clerk) is amended as follows.
        (2)  Number the existing provision as subsection (1) and for the words from "the clerk" to "such clerk or officer," substitute "the proper officer of the court where the offender was convicted".
        (3)  After that subsection insert--
        (2)  In subsection (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 any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer."
 
 The Prevention of Crimes Act 1871 (c.112) 
     4.--(1) Section 18 of the Prevention of Crimes Act 1871 (evidence of previous conviction by record signed by clerk) is amended as follows.
 
    (2)  For the words from "clerk of the court" to "such clerk or officer;" substitute "proper officer of the court by which such conviction was made;".
 
    (3)  For "clerk or other officer" substitute "proper officer".
 
    (4)  At the end of that section insert--
        In this section "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 any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.".
 
 The Fairs Act 1873 (c.37) 
     5. In section 6 of the Fairs Act 1873 (alteration of fair day on representation of justices), for "clerk to the justices acting in and for" substitute "justices' chief executive for". 
 The Public Health Acts Amendment Act 1907 (c.53) 
     6. In section 94(7) of the Public Health Acts Amendment Act 1907 (licensing of pleasure boats), for "clerk" substitute "justices' chief executive for the court". 
 The Maintenance Orders (Facilities for Enforcement) Act 1920 (c.33) 
     7.--(1) Section 4 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (power of magistrates' courts to confirm maintenance orders made in certain Commonwealth countries) is amended as follows (but that section as modified in relation to Northern Ireland by section 11 of that Act is not so amended).
 
    (2)  In subsection (5B) (powers of court), 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 (6A) (application of section 60 of the Magistrates' Courts Act 1980)--
    (a)  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", and
    (b)  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.
 The Children and Young Persons Act 1933 (c.12) 
     8. The Children and Young Persons Act 1933 has effect subject to the following amendments.
 
    9. In section 42(2)(b) (transmission of deposition of child), for "clerk" substitute "proper officer".
 
    10. In section 45 (constitution of youth courts), number the existing provision as subsection (1) and insert--
        (2)  The justices' chief executive appointed by a magistrates' courts committee is the justices' chief executive for every youth court for their area."
    11. In--
    (a)  section 46(1A) (notification of guilty plea),
    (b)  section 56(3) (remission of case to youth court), and
    (c)  section 106(2) (certification of copy of order),
for "clerk of" substitute "justices' chief executive for".
 
 The Maintenance Orders Act 1950 (c.37) 
     12. Part II of the Maintenance Orders Act 1950 (enforcement of certain maintenance orders made in another part of the United Kingdom) has effect subject to the following amendments.
 
    13.--(1) Section 18 (enforcement of registered orders) is amended as follows.
 
     (2)  In subsection (2ZA) (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 (2A) (requirement of person liable under order to notify change of address to clerk of the court), for "clerk" substitute "proper officer".
 
    (4)  After that subsection insert--
        (2B)  In subsection (2A) of this section "proper officer" means--
      (a)  in relation to a court of summary jurisdiction 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."
    14.--(1) Section 22 (discharge and variation of registered orders) is amended as follows.
 
    (2)  In subsection (1B) (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".
1980 c. 43.
     (3)  In subsection (1E) (application of section 60 of the Magistrates' Courts Act 1980)--
    (a)  in paragraph (a), 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", and
    (b)  in paragraph (b) (words to be regarded as replaced in subsection (5) of that section), for "clerk"" substitute "justices' chief executive for the court"".
    15. In section 24(5A)(b) (order requiring payment to the clerk of a magistrates' court to cease to have effect on cancellation of registration of order), for "the clerk of a magistrates' court in England and Wales" substitute "a justices' chief executive".
1980 c. 43.
 The Army Act 1955 (c.18) 
     16. The Army Act 1955 has effect subject to the following amendments.
 
    17.--(1) Section 189 (delivery into military custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.
 
    (2)  In subsection (1) (fee payable to clerk of the court), for "clerk" substitute "proper officer".
 
    (3)  After subsection (3) insert--
        (3A)  In subsection (1) of this section "proper officer" means--
      (a)  in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and
      (b)  in relation to a court of summary jurisdiction elsewhere, the clerk of the court."
    18.--(1) Section 199 (proof of outcome of civil trial) is amended as follows.
 
    (2)  In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for "clerk" substitute "proper officer".
 
    (3)  For subsection (4) substitute--
        (4)  In this section "proper officer" means--
      (a)  in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and
      (b)  in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court."
 
 The Air Force Act 1955 (c.19) 
     19. The Air Force Act 1955 has effect subject to the following amendments.
 
    20.--(1) Section 189 (delivery into air-force custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.
 
    (2)  In subsection (1) (fee payable to clerk of the court), for "clerk" substitute "proper officer".
 
    (3)  After subsection (3) insert--
        (3A)  In subsection (1) of this section "proper officer" means--
      (a)  in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and
      (b)  in relation to a court of summary jurisdiction elsewhere, the clerk of the court."
    21.--(1) Section 199 (proof of outcome of civil trial) is amended as follows.
 
    (2)  In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for "clerk" substitute "proper officer".
 
    (3)  For subsection (4) substitute--
        (4)  In this section "proper officer" means--
      (a)  in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and
      (b)  in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court."
 
 The Naval Discipline Act 1957 (c.53) 
     22. The Naval Discipline Act 1957 has effect subject to the following amendments.
 
    23.--(1) Section 110 (delivery into naval custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.
 
    (2)  In subsection (2) (fee payable to clerk of the court), for "clerk" substitute "proper officer".
 
    (3)  After subsection (2) insert--
        (2A)  In subsection (2) of this section "proper officer" means--
      (a)  in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and
      (b)  in relation to a court of summary jurisdiction elsewhere, the clerk of the court."
    24.--(1) Section 129B (proof of outcome of civil trial) is amended as follows.
 
    (2)  In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for "clerk" substitute "proper officer".
 
    (3)  For subsection (4) substitute--
        (4)  In this section "proper officer" means--
      (a)  in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and
      (b)  in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court."
 
 The Maintenance Orders Act 1958 (c.39) 
     25. The Maintenance Orders Act 1958 has effect subject to the following amendments.
 
    26.--(1) Section 2 (registration of orders) is amended as follows.
 
    (2)  In subsection (2)(b) (procedure on application for registration of order), for "clerk of" substitute "justices' chief executive for".
 
    (3)  In subsection (5) (registration of orders), for "or clerk of" substitute "of, or justices' chief executive for,".
 
    (4)  In subsection (6) (effect on magistrates' court order of registration in the High Court), for "the clerk of a magistrates' court" (in both places) substitute "a justices' chief executive".
 
    (5)  In subsection (6ZA)(b) (effect on High Court order or county court order of registration in magistrates' court), for "the clerk of the court or the clerk of any other magistrates' court" substitute "a justices' chief executive".
 
    (6)  In subsection (6ZC) (payments under order becoming or ceasing to be payable to clerk of a magistrates' court), for "the clerk of a magistrates' court" substitute "a justices' chief executive".
 
    27. In section 3(3A) (requirement of person liable under order to notify change of address to clerk of the court), for "clerk of" substitute "justices' chief executive for".
 
     28.--(1) Section 4(5B) (application of section 60 of the Magistrates' Courts Act 1980) is amended as follows.
 
    (2)  In paragraph (a), 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".
 
    (3)  In paragraph (b) (words to be regarded as replaced in subsection (5) of that section), for "clerk"" substitute "justices' chief executive for the court"".
 
    (4)  In paragraph (e), in the subsection (9) to be regarded as substituted for subsections (9) and (10) 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".
 
    29.--(1) Section 5 (cancellation of registration) is amended as follows.
 
    (2)  In subsection (5) (cancellation of registration of High Court or county court order), for "the clerk of a magistrates' court" (in both places) substitute "a justices' chief executive".
 
    (3)  In subsection (6)(b) (cancellation of registration of magistrates' court order), for "clerk of" substitute "justices' chief executive for".
 
    30. In section 18 (powers of magistrates to review committals), for "clerk of" (in each place) substitute "justices' chief executive for".
 
    31. In section 20(1) (clerk of magistrates' court entitled to receive payments for transmission to another)--
    (a)  for "the clerk of a magistrates' court" substitute "a justices' chief executive", and
    (b)  for "the clerk is" substitute "a justices' chief executive is".
1980 c. 43.
 The Betting, Gaming and Lotteries Act 1963 (c.2) 
     32. The Betting, Gaming and Lotteries Act 1963 has effect subject to the following amendments.
 
    33.--(1) Section 10A (cancellation of betting office licence) is amended as follows.
 
    (2)  In subsection (4) (notification of cancellation)--
    (a)  for "clerk of" substitute "proper officer of", and
    (b)  for "clerk to" (in both places) substitute "proper officer of".
    (3)  After that subsection insert--
        (5)  In subsection (4)--
      the proper officer of the authority" has the same meaning as in Schedule 1; and
      the 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 a court of summary jurisdiction in Scotland, the clerk of the court."
    34.--(1) Section 11 (cancellation of and disqualification for bookmaker's permit or betting agency permit) is amended as follows.
 
    (2)  In subsection (5) (notification of cancellation)--
    (a)  for "clerk of" substitute "proper officer of", and
    (b)  for "clerk to" (in both places) substitute "proper officer of".
    (3)  After that subsection insert--
        (6)  In subsection (5)--
      the proper officer of the authority" has the same meaning as in Schedule 1; and
      the 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."
    35.--(1) Schedule 1 (bookmaker's permits, betting agency permits and betting offices licences) is amended as follows.
 
    (2)  In paragraph 2 (interpretation), for the definition of "clerk to the appropriate authority" substitute--
      the proper officer of the appropriate authority" means--
            (a)  in England, the chief executive to the justices comprising the committee referred to in paragraph 1 of this Schedule; and
            (b)  in Scotland, the clerk to the licensing court;".
    (3)  In paragraphs 5 and 6 (applications for grant of permit or licence), for "clerk to" substitute "proper officer of".
 
    (4)  In paragraph 7 (notification of meeting to consider application)--
    (a)  for "clerk to", in both places, substitute "proper officer of", and
    (b)  for "clerk", in the remaining four places, substitute "proper officer".
    (5)  In paragraph 8 (applications for renewal of permit or licence), for "clerk to" (in each place) substitute "proper officer of".
 
    (6)  In paragraph 9 (person to whom application to be made)--
    (a)  for "clerk to" (in both places) substitute "proper officer of", and
    (b)  in paragraph (a), for "clerk" substitute "proper officer".
    (7)  In paragraph 11(b) (receipt of objections), for "clerk to" substitute "proper officer of".
 
    (8)  In paragraph 12 (procedure where objection received), for "clerk" substitute "proper officer".
 
    (9)  In paragraph 20 (grant or renewal of permit or licence)--
    (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".
    (10)  In paragraph 20A (clerk to act on unopposed applications for renewal)--
    (a)  in sub-paragraph (1), for "clerk to" substitute "proper officer of" and for "clerk may" substitute "clerk to the authority may", and
    (b)  after sub-paragraph (4) insert--
        (5)  For the purposes of this paragraph, the clerk to the appropriate authority, where the authority is a committee of the justices acting for a petty sessions area, is the clerk to those justices or, if there are two or more clerks to those justices--
      (a)  such one of those clerks as the magistrates' courts committee having power over the appointment of clerks to justices for that area may direct; or
      (b)  in default of any such direction, any of those clerks."
    (11)  In--
    (a)  paragraph 21(1), (2) and (4)(b) (appeals),
    (b)  paragraph 25 (notification of change in directors),
    (c)  paragraphs 26 (in both places) and 27(1) (cancellation of bookmaker's permit),
    (d)  paragraphs 28A(1)(a) and (2), 28B(2) and (3) and 28C(1) and (2) (cancellation of betting office licence),
    (e)  paragraph 34 (registers), and
    (f)  paragraphs 36 and 37(1) (provision of information),
for "clerk to" substitute "proper officer of".
 
 The Licensing Act 1964 (c.26) 
     36. The Licensing Act 1964 has effect subject to the following amendments.
 
    37. In--
    (a)  section 8A(2) (approval of prospective licensee),
    (b)  section 9A(2) (grant of interim authority), and
    (c)  section 19(1) and (2) (requirement for structural alterations),
for "clerk" substitute "chief executive".
 
    38.--(1) Section 20 (consent for alteration of premises) is amended as follows.
 
    (2)  In subsection (2) (plans to be deposited with clerk), for "clerk" substitute "chief executive".
 
    (3)  In subsection (4) (notice of order forfeiting licence or directing restoration of premises)--
    (a)  for "clerk of" substitute "justices' chief executive for", and
    (b)  for "clerk to" (in each place) substitute "chief executive to".
    39. In section 20A(3) (revocation of justices' licences), for "clerk" substitute "chief executive".
 
    40.--(1) Section 22 (procedural provisions as to appeals) is amended as follows.
 
    (2)  In subsections (1) and (2) (notice to be given to clerk), for "clerk" substitute "chief executive".
 
    (3)  In subsection (4) (clerk to send notice of appeal to Crown Court) for "clerk to" substitute "chief executive to".
 
    (4)  In subsection (5) (recording by clerk of persons opposing grant), for "clerk" substitute "chief executive".
 
    41. In section 27(4)(c)(ii) (notice for renewal of licence given to clerk), for "clerk" substitute "chief executive".
 
    42.--(1) Section 28 (clerk to licensing justices) is amended as follows.
 
    (2)  In the heading and in the sidenote, after "clerk" insert "and chief executive".
 
    (3)  After subsection (4) insert--
        (5)  The justices' chief executive for a petty sessions area shall be chief executive to the licensing justices for the licensing district consisting of that area."
    43. In section 30 (register of licences), in--
    (a)  subsection (1) (clerk to keep register), and
    (b)  subsection (4) (certification of entry by clerk),
for "clerk" substitute "chief executive".
 
    44.--(1) Section 31 (matters to be entered in register) is amended as follows.
 
    (2)  In subsection (1) (notice of conviction to be entered in register)--
    (a)  for "clerk", in the first place, substitute "chief executive",
    (b)  for "clerk of" substitute "justices' chief executive for",
    (c)  for "clerk", in the third place, substitute "chief executive", and
    (d)  for "that clerk" substitute "him".
    (3)  In subsection (2), for "clerk" substitute "chief executive".
 
    45. In section 32(1) and (2) (persons with interest in property to be registered), for "clerk" substitute "chief executive".
 
    46. In section 33 (notice of conviction of licence holder to be served on registered owner), in--
    (a)  subsection (1) (clerk to serve notice), and
    (b)  subsection (2) (provisions about service) (in both places),
for "clerk" substitute "chief executive".
 
    47. In section 34(3) (refusal of inspection of register), for "clerk" substitute "chief executive".
 
    48. In section 46(2) (notice to fire authority of application for registration certificate), for "clerk" substitute "chief executive".
 
    49.--(1) Section 51 (register of clubs) is amended as follows.
 
    (2)  In subsection (1) (clerk to keep register), for "clerk" substitute "chief executive".
 
    (3)  In subsection (2) (particulars to be registered), for "clerk" substitute "chief executive".
 
    (4)  In subsection (4) (notice of change of particulars), for "clerk" substitute "chief executive".
 
    50. In--
    (a)  section 62(3) (permitted hours in clubs),
    (b)  section 75(2) and (3) (application for exemption order) (in each place),
    (c)  section 87A(5) (permitted hours in vineyard premises),
    (d)  sections 133(1) and 142(1) (restoration of suspended licence),
    (e)  sections 150(3) and (4)(a), 151(6), 153A(3) and 154(1)(b) (canteen licences),
    (f)  section 180(3) and (4) (occasional licences) (in each place), and
    (g)  section 199(c) (saving relating to theatres),
for "clerk" substitute "chief executive".
 
    51. In Schedule 2 (applications for justices' licences), in--
    (a)  paragraph 1(a) (notice to clerk),
    (b)  paragraph 3 (deposition of plan), and
    (c)  paragraph 6 (list of applicants),
for "clerk" substitute "chief executive".
 
    52.--(1) Schedule 6 (applications and complaints relating to registration certificates) is amended as follows.
 
    (2)  In paragraphs 1(1) and (3) and 2 (procedure on making of application), for "clerk" substitute "chief executive".
 
    (3)  In paragraph 4 (copies of application)--
    (a)  for "clerk to" substitute "chief executive to",
    (b)  for "clerk is" substitute "chief executive is", and
    (c)  for "clerk needs" substitute "chief executive needs".
    (4)  In paragraphs 6(1) and 7 (objections) for "clerk" substitute "chief executive".
 
    53. In Schedule 8A (procedure for making, varying or revoking restriction orders), in--
    (a)  paragraph 1(1) (notice of application to licensing justices), and
    (b)  paragraph 4(2) (notice of application to magistrates' court),
for "clerk" substitute "chief executive".
 
    54. In paragraph 7 of Schedule 11 (clerk to licensing planning committee)--
    (a)  for "clerk", in the first place, substitute "chief executive", and
    (b)  for "districts, the clerk to the licensing justices", substitute "districts for which there are different chief executives, the chief executive".
    55. In Schedule 12 (canteen licences), in paragraphs 1(1)(a) and 3, for "clerk" substitute "chief executive".
 
    56. In Schedule 12A (children's certificates), in--
    (a)  paragraphs 1(1) and 2(1) (applications), and
    (b)  paragraphs 7(3)(a) and 8(a) (duration),
for "clerk" substitute "chief executive".
 
 
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Prepared 24 June 1999