House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Courts Bill [HL]


Courts Bill [HL]
Schedule 6 — Minor and consequential amendments

    81

 

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

  38      (1)      In Schedule 2 (paying authorities under Part 5), omit Part 2.

          (2)      Nothing in sub-paragraph (1) is to be read as amending Schedule 2 as it

extends to Northern Ireland.

Prison Act 1952 (c. 52)

5

  39      (1)      Amend section 19 (right of justice to visit prison) as follows.

          (2)      In subsection (1), for “for any commission area” substitute “assigned to any

local justice area”.

          (3)      In subsection (2), omit “or to visit any prisoner under sentence of death”.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

10

  40       In—

              (a)             section 189(3A)(a) (fee for certificate on delivery into military

custody of person dealt with by court of summary jurisdiction as

illegally absent), and

              (b)             section 199(4)(a) (certificate as proof of outcome of civil trial),

15

           for “justices’ chief executive” substitute “designated officer”.

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

  41       In—

              (a)             section 189(3A)(a) (fee for certificate on delivery into air force

custody of person dealt with by court of summary jurisdiction as

20

illegally absent), and

              (b)             section 199(4)(a) (certificate as proof of outcome of civil trial),

           for “justices’ chief executive” substitute “designated officer”.

Naval Discipline Act 1957 (c. 53)

  42       In—

25

              (a)             section 110(2A)(a) (fee for certificate on delivery into naval custody

of person dealt with by court of summary jurisdiction as illegally

absent), and

              (b)             section 129B(4)(a) (certificate as proof of outcome of civil trial),

           for “justices’ chief executive” substitute “designated officer”.

30

Maintenance Orders Act 1958 (c. 39)

  43      (1)      Section 2 (registration of orders) is amended as follows.

          (2)      In subsection (2)(b), for “justices’ chief executive for” substitute “designated

officer for”.

          (3)      In subsection (5), for “of, or justices’ chief executive for,” substitute “of, or

35

for,”.

          (4)      In subsection (6), for “a justices’ chief executive” (in both places) substitute

“the designated officer for a magistrates’ court”.

 

 

Courts Bill [HL]
Schedule 6 — Minor and consequential amendments

    82

 

          (5)      In subsection (6ZA), for “a justices’ chief executive” substitute “the

designated officer for the court or for any other magistrates’ court”.

          (6)      In subsection (6ZC), for “a justices’ chief executive” substitute “the

designated officer for a magistrates’ court”.

  44       In section 3(3A) (requirement of person liable under order to notify change

5

of address), for “justices’ chief executive for” substitute “designated officer

for”.

  45       In section 4(5B) (variation of orders registered in magistrates’ courts)—

              (a)             in paragraph (a), in the paragraph to be regarded as substituted for

section 60(4)(b) of the 1980 Act, for “a justices’ chief executive”

10

substitute “the designated officer for the court or for any other

magistrates’ court”,

              (b)             in paragraph (b), in the words to be regarded as replaced in section

60(5) of the 1980 Act, for “justices’ chief executive for the court””

substitute “designated officer for the court””, and

15

              (c)             in paragraph (e), in the subsection (9) to be regarded as substituted

for sections 60(9) and (10) of the 1980 Act, for “a justices’ chief

executive” (in both places) substitute “the designated officer for the

court or for any other magistrates’ court”.

  46      (1)      Amend section 5 (cancellation of registration) as follows.

20

          (2)      In subsection (5), for “a justices’ chief executive” (in both places) substitute

“the designated officer for a magistrates’ court”.

          (3)      In subsection (6)(b), for “justices’ chief executive for” substitute “designated

officer for”.

  47       In section 18 (powers of magistrates to renew committals), for “justices’ chief

25

executive for” (in each place) substitute “designated officer for”.

  48       In section 20(1) (registration of order at request of person entitled to receive

payments)—

              (a)             for “a justices’ chief executive who” substitute “the designated

officer for a magistrates’ court who”, and

30

              (b)             for “a justices’ chief executive is” substitute “the designated officer

is”.

Caravan Sites and Control of Development Act 1960 (c. 62)

  49       In section 7(1) (appeal to magistrates’ court against conditions attached to

site licence), omit “acting for the petty sessions area in which the land is

35

situated”.

  50       In section 8(2) (appeal to magistrates’ court against alteration to site licence

conditions), omit “acting for the petty sessions area in which the land to

which the site licence relates is situated”.

  51       In section 32(1)(c) (application to Scotland), omit “acting for the petty

40

sessions area in which the land is situated”.

 

 

Courts Bill [HL]
Schedule 6 — Minor and consequential amendments

    83

 

Betting, Gaming and Lotteries Act 1963 (c. 2)

  52       In section 10A(5) (notification of cancellation of betting office licence), in

paragraph (a) of the definition of “the proper officer of the court”, for

“justices’ chief executive” substitute “designated officer”.

  53       In section 11 (notification of cancellation of bookmaker’s or betting agency

5

permit)—

              (a)             renumber the subsection inserted by paragraph 34(3) of Schedule 13

to the Access to Justice Act 1999 (c. 22) as subsection (5A), and

              (b)             in that subsection, in paragraph (a) of the definition of “the proper

officer of the court”, for “justices’ chief executive” substitute

10

“designated officer”.

Offices, Shops and Railway Premises Act 1963 (c. 41)

  54       In section 46(11) (appeals relating to exemptions from Act), omit “acting for

the petty sessions area in which they are situate”.

Administration of Justice Act 1964 (c. 42)

15

  55       For section 19(4)(a) (application of Sheriffs Act 1887 (c. 55) to Greater

London) substitute—

                    “(a)                      in sections 7(1), 17, 23(3) and 26(1) any reference to a county

shall be construed as a reference to Greater London;”.

Public Works Loans Act 1965 (c. 63)

20

  56       In section 2(1)(a) (loan to relevant authority)—

              (a)             in sub-paragraph (iii), after “applies;” insert “and”, and

              (b)             omit sub-paragraph (v) and “and” before it.

National Loans Act 1968 (c. 18)

  57       In Schedule 4 (local loans), in paragraph 1, in paragraph (a) of the definition

25

of “local authority”—

              (a)             in sub-paragraph (iii), after “applies;” insert “and”, and

              (b)             omit sub-paragraph (v) and “and” before it.

Criminal Appeal Act 1968 (c. 19)

  58       In section 45 (construction of references to single judge), for “31, 31A”

30

substitute “31 to 31A”.

  59       Omit section 48 (appeal in capital cases).

  60       Omit Schedule 4 (procedural and other modifications for capital cases).

Courts-Martial (Appeals) Act 1968 (c. 20)

  61       Omit—

35

              (a)             section 55 (modification of provisions of Parts 2 and 3 for capital

cases), and

              (b)             Schedule 2 (procedural and other modifications for capital cases).

 

 

Courts Bill [HL]
Schedule 6 — Minor and consequential amendments

    84

 

Children and Young Persons Act 1969 (c. 54)

  62       In section 23A(2)(a) (court appearance of person arrested for breaking

remand conditions), omit “for the petty sessions area in which he was

arrested”.

Taxes Management Act 1970 (c. 9)

5

  63       In section 4(7) (power to appoint officers and staff for carrying out the

administrative work of the Special Commissioners), for “section 27 of the

Courts Act 1971” substitute “section 2(1) of the Courts Act 2003”.

Courts Act 1971 (c. 23)

  64       Omit—

10

              (a)             section 27 (administrative and other court staff),

              (b)             section 28 (provision of accommodation), and

              (c)             Schedule 3 (premises formerly used for business of abolished courts).

Attachment of Earnings Act 1971 (c. 32)

  65       In section 3(1)(c) (persons who may apply for an attachment of earnings

15

order), for “a justices’ chief executive, that justices’ chief executive”

substitute “the designated officer for a magistrates’ court, that officer”.

  66       In section 6(7)(c) (collecting officer in case of order made by magistrates’

court), for “justices’ chief executive for that court or for” substitute

“designated officer for that court or for”.

20

  67      (1)      Amend section 18 (collecting officer in case of order made by magistrates’

court not to apply for certain orders etc.) as follows.

          (2)      In subsection (1), for “A justices’ chief executive” substitute “A designated

officer for a magistrates’ court”.

          (3)      In subsections (2) and (3), for “a justices’ chief executive” substitute “the

25

designated officer for a magistrates’ court”.

  68       In section 21(2)(a)(ii) (costs to be sum due), for “justices’ chief executive for

the” substitute “designated officer for the magistrates’”.

Fire Precautions Act 1971 (c. 40)

  69       In section 43(1) (interpretation), in the definition of “the court”, omit “acting

30

for the petty sessions area in which they are situated”.

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

  70       In section 7(5B) (power of magistrates’ court on confirming provisional

order made in reciprocating country), for “a justices’ chief executive” (in

both places) substitute “the designated officer for the court or for any other

35

magistrates’ court in England and Wales”.

  71      (1)      Amend section 8 (enforcement of maintenance order registered in United

Kingdom court) as follows.

 

 

Courts Bill [HL]
Schedule 6 — Minor and consequential amendments

    85

 

          (2)      In subsection (3A), for “justices’ chief executive” substitute “designated

officer”.

          (3)      In subsection (4A), in the subsection to be regarded as substituted for section

76(5) of the 1980 Act, for “a justices’ chief executive” (in both places)

substitute “the designated officer for the court or for any other magistrates’

5

court”.

  72       In section 9(1ZA) (variation and revocation of maintenance order registered

in UK court)—

              (a)             in paragraph (a), in the subsection (3A) to be regarded as inserted in

section 60 of the 1980 Act, for “a justices’ chief executive” (in both

10

places) substitute “the designated officer for the court or for any

other magistrates’ court”,

              (b)             in paragraph (b), in the paragraph to be regarded as substituted for

section 60(4)(b) of the 1980 Act, for “a justices’ chief executive”

substitute “the designated officer for the court or for any other

15

magistrates’ court”, and

              (c)             in paragraph (c), in the words to be regarded as replaced in section

60(5) of the 1980 Act, for “justices’ chief executive for the court””

substitute “designated officer for the court””.

  73       In section 17(4) (proceedings in magistrates’ courts)—

20

              (a)             for “for the same petty sessions area” substitute “in the same local

justice area”, and

              (b)             after “Northern Ireland,” insert “acting for the same”.

  74       In section 23(6) (maintenance orders registered in High Court under

Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)), for

25

“justices’ chief executive” substitute “designated officer”.

  75       In section 26(6) (application for recovery of maintenance in convention

country)—

              (a)             in paragraph (a), for “justices’ chief executive for the petty sessions

area” substitute “designated officer for the local justice area in which

30

the applicant is residing”, and

              (b)             in paragraph (b), after “district” insert “in which the applicant is

residing”.

  76      (1)      Amend section 27B (sending application to appropriate magistrates’ court)

as follows.

35

          (2)      In subsection (1), for “justices’ chief executive for a magistrates’ court acting

for the petty sessions” substitute “designated officer for a magistrates’ court

which is acting in the local justice”.

          (3)      In subsection (2), for “justices’ chief executive for” substitute “designated

officer for”.

40

          (4)      For subsection (4) substitute—

              “(4)                If the designated officer for a court to whom the application is sent

under this section is satisfied that the respondent is residing within

another local justice area, he shall send the application and

accompanying documents to the designated officer for a magistrates’

45

court acting in that other area and shall inform the Lord Chancellor

that he has done so.”

 

 

Courts Bill [HL]
Schedule 6 — Minor and consequential amendments

    86

 

          (5)      In subsection (5), for “justices’ chief executive for” substitute “designated

officer for”.

  77      (1)      Amend section 27C (application for recovery of maintenance in England and

Wales) as follows.

          (2)      In subsection (4), for “a justices’ chief executive” (in both places) substitute

5

“the designated officer for the court or for any other magistrates’ court in

England and Wales”.

          (3)      In subsection (7), for “justices’ chief executive for” substitute “designated

officer for”.

  78       In section 32(2A) (transfer of orders), for “justices’ chief executive” substitute

10

“designated officer”.

  79       In section 34(3)(a) (application from abroad to vary registered order), for

“justices’ chief executive” substitute “designated officer”.

  80      (1)      Amend section 34A (variation of orders by magistrates’ courts) as follows.

          (2)      In subsection (3), for “a justices’ chief executive” (in both places) substitute

15

“the designated officer for the court or for any other magistrates’ court in

England and Wales”.

          (3)      In subsection (4)—

              (a)             for “a justices’ chief executive” substitute “the designated officer for

the court or for any other magistrates’ court in England and Wales”,

20

and

              (b)             omit “the clerk of”.

          (4)      In subsection (5), for “the clerk” substitute “a justices’ clerk”.

  81       In section 47(3) (construction of references to the jurisdiction of a court), for

the words from “construed in relation” onwards substitute “construed—

25

                    (a)                      in relation to a magistrates’ court in England and Wales as a

reference to the local justice area in which the court acts, and

                    (b)                      in relation to a magistrates’ court in Northern Ireland as a

reference to the petty sessions district for which the court

acts.”

30

Criminal Justice Act 1972 (c. 71)

  82       In section 51(4) (execution of process between England and Wales and

Scotland), for “by virtue of section 45(1) of the Justices of the Peace Act 1997,

as it has” substitute “by virtue of section 23(1) of the Courts Act 2003, as it

has”.

35

Matrimonial Causes Act 1973 (c. 18)

  83      (1)      Amend section 38 (orders for repayment of sums paid after cessation of

periodical payments order by reason of remarriage) as follows.

          (2)      In subsection (6)—

              (a)             for “A justices’ chief executive” substitute “The designated officer for

40

a magistrates’ court”, and

              (b)             for “the justices’ chief executive” substitute “the designated officer”.

 

 

Courts Bill [HL]
Schedule 6 — Minor and consequential amendments

    87

 

          (3)      In subsection (7), for “a justices’ chief executive” substitute “the designated

officer for a magistrates’ court”.

Breeding of Dogs Act 1973 (c. 60)

  84       In section 3(9) (application to terminate disqualification), for “for the same

petty sessions” substitute “in the same local justice”.

5

Juries Act 1974 (c. 23)

  85       In Schedule 1 (jury service: ineligibility, disqualification and excusal), in

Group B, omit “Justices’ chief executives,”.

Solicitors Act 1974 (c. 47)

  86      (1)      Amend section 38 (circumstances in which solicitor who is justice of the

10

peace may not act as solicitor) as follows.

          (2)      In subsection (1), for “for any area, or for any partner of his, to act in

connection with proceedings before any of those justices” substitute

“assigned to any local justice area, or for any partner of his, to act in

connection with proceedings before any justice of the peace acting in that

15

area”.

          (3)      Omit subsections (2) and (3).

          (4)      In subsection (3A)—

              (a)             for “for any petty sessions” substitute “in any local justice”, and

              (b)             for “acting for” substitute “acting in”.

20

Salmon and Freshwater Fisheries Act 1975 (c. 51)

  87       In paragraph 14 of Schedule 4 (offences: delivery of licences and certificates

of conviction), for “justices’ chief executive” substitute “designated officer”.

Safety of Sports Grounds Act 1975 (c. 52)

  88       In section 17(1) (interpretation), in the definition of “the court”, omit “acting

25

for the petty sessions area in which they are situated”.

Bail Act 1976 (c. 63)

  89       In section 5B(8) (remand in custody following reconsideration of bail

decision), omit “for the petty sessions area in which he was arrested”.

  90       In section 6(9)(c)(i) (certification of copy of record), for “justices’ chief

30

executive” substitute “designated officer for the court”.

  91       In section 7(4)(a) (appearance before justice following arrest for absconding

or breaking bail conditions), omit “for the petty sessions area in which he

was arrested”.

  92       In section 8(5)(b) (application to court by surety), omit “for the petty sessions

35

area in which he resides”.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2002
Revised 29 November 2002