Access to Justice Bill [H.L.] -
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 The Civil Jurisdiction and Judgments Act 1982 (c.27) 
     122.--(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 "proper officer".
 
    (4)  After that subsection insert--
        (8)  In subsection (7), "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 a magistrates' court in Northern Ireland, the clerk of the court."
1980 c. 43.
 The Criminal Justice Act 1982 (c.48) 
     123.--(1) Section 18 of the Criminal Justice Act 1982 (order discharging or varying an attendance centre order) is amended as follows.
 
    (2)  In subsection (8) (clerk to deliver copies of order), for "clerk to" substitute "proper officer of".
 
    (3)  After subsection (9) insert--
        (10)  In subsection (8) above, "proper officer" means--
      (a)  in relation to a magistrates' court, the justices' chief executive for the court; and
      (b)  in relation to the Crown Court, the appropriate officer."
 
 The Licensing (Occasional Permissions) Act 1983 (c.24) 
     124. In section 2(2), (3), (4) and (5) of the Licensing (Occasional Permissions) Act 1983 (applications for occasional permissions), for "clerk" substitute "chief executive". 
 The Police and Criminal Evidence Act 1984 (c.60) 
     125. The Police and Criminal Evidence Act 1984 has effect subject to the following amendments.
 
    126. In section 16(10) and (11) (warrants to be returned to and retained by clerk), for "clerk" substitute "chief executive".
 
    127. In section 47(3A)(b) (date for appearance on granting of bail), for "clerk to the justices" substitute "justices' chief executive."
 
    128.--(1) Section 73 (proof of conviction) is amended as follows.
 
    (2)  In subsection (2) (certificate of conviction to be signed by clerk), for "clerk" (in each place) substitute "proper officer".
 
    (3)  For subsection (3) substitute--
        (3)  In subsection (2) above, "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, his deputy or any other person having custody of the court record."
 
 The Prosecution of Offences Act 1985 (c.23) 
     129. The Prosecution of Offences Act 1985 has effect subject to the following amendments.
 
    130. In section 7(4) (justices' clerk to send to Director of Public Prosecutions details of certain cases which do not proceed)--
    (a)  for "justices' clerk" substitute "justices' chief executive", and
    (b)  for "the magistrates' court to which he is clerk" substitute "a magistrates' court for which he is the justices' chief executive".
    131. In section 23(3), (7) and (8) (discontinuance of proceedings by Director of Public Prosecutions), for "clerk of" substitute "justices' chief executive for".
 
 The Sporting Events (Control of Alcohol etc.) Act 1985 (c.57) 
     132. In section 4(6) of the Sporting Events (Control of Alcohol etc.) Act 1985 (power of justices' clerks to charge fees), for "clerks" substitute "chief executives". 
 The Insolvency Act 1986 (c.45) 
     133. In sections 9(1) and 124(1) of the Insolvency Act 1986 (applications for administration order and winding up), for "the clerk of a magistrates' court" substitute "a justices' chief executive". 
 The Public Order Act 1986 (c.64) 
     134. In section 34(1) and (2) of the Public Order Act 1986 (notification by clerk of making or termination of exclusion order), for "clerk of" substitute "justices' chief executive for". 
 The Coroners Act 1988 (c.13) 
     135. In sections 16(1)(a) and 17(1) of the Coroners Act 1988 (coroner to adjourn inquest on being notified by clerk of proceedings relating to the death in question), for "clerk of" substitute "justices' chief executive for". 
 The Criminal Justice Act 1988 (c.33) 
     136. The Criminal Justice Act 1988 has effect subject to the following amendments.
 
    137. In section 41(10) and (11)(a) (clerk of magistrates' court to be notified about outcome of certain proceedings in Crown Court and Court of Appeal), for "clerk of" substitute "justices' chief executive for".
 
    138. In section 67(1) (clerk to be notified of fine imposed by coroner), for "clerk of" substitute "justices' chief executive for".
 
    139. 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 Road Traffic Offenders Act 1988 (c.53) 
     140. The Road Traffic Offenders Act 1988 has effect subject to the following amendments.
 
    141.--(1) Section 7 (duty of accused to provide licence to clerk of court) is amended as follows.
 
    (2)  Number the existing provision as subsection (1) and, in paragraph (a) of that provision, for "clerk" substitute "proper officer".
 
    (3)  After that provision insert--
        (2)  In subsection (1) above "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."
    142. In sections 8(a) and 25(2)(a) (notification to clerk of date of birth and sex), for "to the clerk of a court in pursuance of section 12(2)" substitute "to a justices' chief executive in pursuance of section 12(4)".
 
    143.--(1) Section 26 (interim disqualification) is amended as follows.
 
    (2)  In subsection (7), in paragraph (b) (licence of person subject to interim disqualification to be sent to clerk), for "clerk" substitute "proper officer".
 
    (3)  After that subsection insert--
        (2)  In subsection (7) above, "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."
    144.--(1) Section 27 (production of licence) is amended as follows.
 
    (2)  In subsection (4) (exceptions), for "clerk" (in both places) substitute "proper officer".
 
    (3)  After that subsection insert--
        (5)  In subsection (4) above, "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."
    145.--(1) Section 34B (certificate of completion of course) is amended as follows.
 
    (2)  In subsections (1), (2) (in both places), (6) and (7), for "clerk" substitute "proper officer".
 
    (3)  In subsection (9)--
    (a)  for "clerk of a court" substitute "proper officer of a court", and
    (b)  for "clerk or" substitute "officer or".
    146. In section 34C(2) (interpretation), after the definition of "petty sessions area" insert--
      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 a sheriff court in Scotland, the clerk of the court;".
    147. In section 52(3)(c) (fixed penalty notice to specify justices' clerk to whom payment to be made), for "justices' clerk" substitute "justices' chief executive".
 
    148.--(1) Section 69 (payment of fixed penalty) is amended as follows.
 
    (2)  In subsection (1) (payment to be made to justices' clerk specified in notice), for "justices' clerk" substitute "justices' chief executive".
 
    (3)  In subsection (4) (definition of "fixed penalty clerk"), after "references to the" insert "justices' chief executive or".
 
    149. In section 70(4)(a) (registration certificate to be sent to clerk to justices where offender resides), for "clerk to the justices" substitute "justices' chief executive".
 
    150.--(1) Section 71 (registration of sums payable in default) is amended as follows.
 
    (2)  For subsections (1) and (2) substitute--
        (1)  Where, in England and Wales, a justices' chief executive receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default--
      (a)  if it appears to him that the defaulter resides in a petty sessions area for which he is the justices' chief executive, he must register that sum for enforcement as a fine in that area by entering it in the register of a magistrates' court acting for that area,
      (b)  if it appears to him that the defaulter resides in any other petty sessions area in England and Wales, he must send the certificate to the justices' chief executive for that area, or
      (c)  if it appears to him that the defaulter resides in Scotland, he must send the certificate to the clerk of the court of summary jurisdiction for the area in which the defaulter appears to him to reside.
        (2)  Where, in Scotland, the clerk of a court receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default--
      (a)  if it appears to him that the defaulter resides in the area of the court, he must register that sum for enforcement as a fine by that court,
      (b)  if it appears to him that the defaulter resides in the area of any other court of summary jurisdiction in Scotland, he must send the certificate to the clerk of that court, or
      (c)  if it appears to him that the defaulter resides in England and Wales, he must send the certificate to the justices' chief executive for the petty sessions area in which the defaulter appears to him to reside.
        (2A)  Subsections (1) and (2) apply to executives and clerks who receive certificates pursuant to the provision they contain as they apply to the original recipients."
    (3)  In subsection (6) (notice to defaulter), for "clerk to the justices" substitute "justices' chief executive".
 
    151. In sections 72(1) and (6) and 73(1)(b) and (7) (invalidity of registration notice), for "clerk" substitute "proper officer".
 
    152.--(1) Section 74 (supplementary) is amended as follows.
 
    (2)  In subsection (4) (service of statutory declaration), for "clerk" substitute "proper officer".
 
    (3)  In subsection (5) (interpretation), for paragraph (b) substitute--
      (b)  references to the proper officer of the relevant court are--
            (i)  in the case of a magistrates' court, references to the justices' chief executive for that court, and
            (ii)  in the case of a court of summary jurisdiction in Scotland, references to the clerk of the court, and".
    153. In section 75(6) (definition of "fixed penalty clerk" for purposes of conditional offers)--
    (a)  for "justices' clerk" substitute "justices' chief executive", and
    (b)  for "that clerk" substitute "he".
    154. In section 82(2) (accounting where one clerk acts for another), for "justices' clerk" substitute "justices' chief executive".
 
    155. In section 83(1)(b) (powers where clerk of court deceived), after "Act the" insert "justices' chief executive or".
 
    156. In section 84(c) (power to make regulations prescribing duties of justices' clerks), for "justices' clerks" substitute "justices' chief executives".
 
 The Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4) 
     157.--(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"), for "clerk of", in the first three places, substitute "justices' chief executive for".
 
    (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 Football Spectators Act 1989 (c.37) 
     158. In sections 7(7)(b) and 18(1) of the Football Spectators Act 1989 (duties of clerk in relation to notices of conviction and restriction orders), for "clerk of" substitute "justices' chief executive for". 
 The Children Act 1989 (c.41) 
     159. The Children Act 1989 has effect subject to the following amendments.
 
    160. In section 83(5) (clerk to provide particulars of proceedings), for "clerk of" substitute "justices' chief executive for".
 
    161. In paragraph 6A(3) of Schedule 1 (variation of order to provide that payments be made to clerk), for "to the clerk" substitute "to the justices' chief executive for the court".
 
    162. In paragraph 24(6) of Schedule 2 (signature of clerk as evidence of contribution order), for "clerk of" substitute "justices' chief executive for".
 
 The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c.25) 
     163.--(1) Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (supervision and treatment orders) is amended as follows.
 
    (2)  In paragraph 3(4) (clerk to receive copy of supervision and treatment order), for "clerk to the justices" substitute "justices' chief executive".
 
    (3)  In paragraph 10(1) (clerk to send copy of revocation of supervision and treatment order to supervising officer), for "clerk to" substitute "justices' chief executive for".
 
    (4)  In paragraph 11 (amendment of orders), in sub-paragraph (1), for "clerk to the justices" (in both places) substitute "justices' chief executive" and after that sub-paragraph insert--
        (1A)  Where the justices' chief executive for the court making the order is also the justices' chief executive for the new petty sessions area--
      (a)  sub-paragraph (1)(b) above does not apply; but
      (b)  the justices' chief executive shall give copies of the amending order to the supervising officer."
    (5)  In that paragraph, in sub-paragraph (2), after "(1)" insert "or (1A)".
 
 The Criminal Justice Act 1991 (c.53) 
     164. The Criminal Justice Act 1991 has effect subject to the following amendments.
 
    165. In section 20A(2) (official request is one made by clerk), for "clerk of" substitute "justices' chief executive for".
 
    166.--(1) Schedule 2 (enforcement etc. of community orders) is amended as follows.
 
    (2)  In paragraph 11, in sub-paragraph (1) (procedure on revocation of order), for "clerk to" substitute "proper officer of" and after that sub-paragraph insert--
        (1A)  In sub-paragraph (1) above "proper officer" means--
      (a)  in relation to a magistrates' court, the justices' chief executive for the court, and
      (b)  in relation to the Crown Court, the appropriate officer."
    (3)  In paragraph 18, in sub-paragraph (1) (procedure on the making of an amending order)--
    (a)  for "clerk to the court" substitute "justices' chief executive for the court", and
    (b)  for "clerk to the justices" (in both places) substitute "chief executive to the justices".
    (4)  In that paragraph, in sub-paragraph (1A) (procedure on making of order amending drug treatment and testing order), for "clerk to the court" substitute "justices' chief executive for the court".
 
 The Social Security Administration Act 1992 (c.5) 
     167. The Social Security Administration Act 1992 has effect subject to the following amendments.
 
    168. In section 107(5) and (11) (recovery of expenditure on income support), for "to the clerk" substitute "to the justices' chief executive for the court".
 
    169. In section 121(1)(b) (receipt of statement by clerk), for "clerk of" substitute "justices' chief executive for".
 
 The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9) 
     170. In section 14(5)(b) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (Secretary of State to send supervised release order to clerk to the justices), for "clerk" substitute "chief executive". 
 The Pension Schemes Act 1993 (c.48) 
     171. In section 68(1)(b) of the Pension Schemes Act 1993 (receipt by clerk of statement of failure to pay premiums), for "clerk of" substitute "justices' chief executive for". 
 The Drug Trafficking Act 1994 (c.37) 
     172. 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 Road Traffic (New Drivers) Act 1995 (c.13) 
     173.--(1) Paragraph 3 of Schedule 1 to the Road Traffic (New Drivers) Act 1995 (duty to provide test certificate) is amended as follows.
 
    (2)  In sub-paragraph (3), in paragraph (b) (certificate not previously supplied to clerk), for "clerk" substitute "proper officer".
 
    (3)  After that sub-paragraph insert--
        (3A)  In sub-paragraph (3) "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."
 
 The Merchant Shipping Act 1995 (c.21) 
     174.--(1) Section 68 of the Merchant Shipping Act 1995 (power to summon witness) is amended as follows.
 
    (2)  In subsection (4) (particulars of fine to be given to clerk), for "clerk" substitute "proper officer".
 
    (3)  After that subsection insert--
        (4A)  In subsection (1) above "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 a magistrates' court in Northern Ireland, the clerk of the court.".
 
 The Criminal Procedure (Scotland) Act 1995 (c.46) 
     175. In section 234(9) of the Criminal Procedure (Scotland) Act 1995 (copies of probation order relating to person resident in England and Wales to be sent to clerk of relevant area), for "clerk to the justices" substitute "justices' chief executive". 
 The Reserve Forces Act 1996 (c.14) 
     176. The Reserve Forces Act 1996 has effect subject to the following amendments.
 
    177.--(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 "proper officer".
 
    (3)  After that sub-paragraph insert--
        (3A)  In sub-paragraph (3) "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."
    178.--(1) Paragraph 9 of Schedule 3 (proof of outcome of civil trial) is amended as follows.
 
    (2)  In sub-paragraphs (1), (2) and (3) (certificate signed by clerk is proof of outcome), for "clerk" substitute "proper officer".
 
    (3)  For sub-paragraph (4) substitute--
        (4)  In this paragraph "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 Crime and Disorder Act 1998 (c.37) 
     179.--(1) Schedule 3 to the Crime and Disorder Act 1998 (procedure where no committal proceedings for indictable-only offence) is amended as follows.
 
    (2)  In paragraph 4(9), (10) and (11) (power of justice to take depositions etc), for "clerk of" substitute "chief executive to".
 
    (3)  In paragraph 6(7) (Crown Court to inform clerk of magistrates' court of outcome of trial), for "clerk of" substitute "justices' chief executive for".")
 
  
Schedule 11
 
199     Page 107, line 43, at end insert--
 
    ("(  )  To the extent that that duty has effect as a duty of the Lord Chancellor he shall comply with it by making payments to persons or bodies in respect of the provision of representation by them; and, accordingly, references in this Act and any other enactment to representation (or services) funded by the Commission as part of the Criminal Defence Service include representation funded by the Lord Chancellor under this sub-paragraph.
 
    (  )  The Lord Chancellor shall by order made by statutory instrument make provision about such payments (including provision for reviews of, or appeals against, determinations required for the purposes of the order); and subsections (2) and (3) of section 25 of this Act shall apply to it (as if it were a remuneration order as defined by subsection (4) of that section).")
 
 
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Prepared 24 June 1999