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Courts Bill [HL]


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

    82

 

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

5

              (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.

10

          (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

15

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

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              (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

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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

30

sessions area in which the land is situated”.

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”.

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

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

40

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

“designated officer”.

 

 

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

    83

 

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)

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

5

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)

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

10

              (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

of “local authority”—

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              (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”

substitute “31 to 31A”.

20

  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—

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

25

cases), and

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

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

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arrested”.

Taxes Management Act 1970 (c. 9)

  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”.

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

    84

 

Courts Act 1971 (c. 23)

  64       Omit—

              (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).

5

Attachment of Earnings Act 1971 (c. 32)

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

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’

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

“designated officer for that court or for”.

  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

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officer for a magistrates’ court”.

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

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’”.

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Fire Precautions Act 1971 (c. 40)

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

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

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

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

magistrates’ court in England and Wales”.

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

Kingdom court) as follows.

30

          (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’

35

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

40

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

other magistrates’ court”,

 

 

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

    85

 

              (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

magistrates’ court”, and

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

5

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)—

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

justice area”, and

10

              (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

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

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

15

country)—

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

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

the applicant is residing”, and

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

20

residing”.

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

as follows.

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

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

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which is acting in the local justice”.

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

officer for”.

          (4)      For subsection (4) substitute—

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

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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’

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

that he has done so.”

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          (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

40

“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

45

“designated officer”.

 

 

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

    86

 

  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

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

5

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”,

and

10

              (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—

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

15

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.”

Criminal Justice Act 1972 (c. 71)

20

  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”.

Matrimonial Causes Act 1973 (c. 18)

25

  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

a magistrates’ court”, and

30

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

          (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

35

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

Juries Act 1974 (c. 23)

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

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

 

 

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

    87

 

Solicitors Act 1974 (c. 47)

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

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

5

“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

area”.

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

          (4)      In subsection (3A)—

10

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

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

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”.

15

Safety of Sports Grounds Act 1975 (c. 52)

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

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

20

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

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

25

was arrested”.

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

area in which he resides”.

Race Relations Act 1976 (c. 74)

  93      (1)      Amend Schedule 1A (bodies subject to general statutory duty) as follows.

30

          (2)      In Part 1, omit paragraph 45.

          (3)      In Part 2, under the heading “Regulatory, audit and inspection”—

              (a)             insert in the appropriate place “Her Majesty’s Inspectorate of Court

Administration”, and

              (b)             omit “Her Majesty’s Magistrates’ Courts Service Inspectorate”.

35

Criminal Law Act 1977 (c. 45)

  94      (1)      Amend section 10 (obstruction of court officers executing process for

possession against unauthorised occupiers) as follows.

 

 

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

    88

 

          (2)      Before subsection (1) insert—

              “(A1)                A person is guilty of an offence if he resists or intentionally obstructs

any person who—

                    (a)                   is an enforcement officer, or is acting under the authority of

an enforcement officer; and

5

                    (b)                   is engaged in executing a writ issued from the High Court.”

          (3)      In subsection (3), for “an officer of a court” substitute “an enforcement

officer, a person acting under the authority of an enforcement officer or an

officer of a court (as the case may be)”.

          (4)      In subsection (5), after “uniform” insert “, an enforcement officer”.

10

          (5)      For subsection (6), substitute—

              “(6)                In this section—

                                      “enforcement officer” means an individual who is authorised to

act as an enforcement officer under the Courts Act 2003;

                                      “officer of a court” means—

15

                           (a)                          any sheriff, under sheriff, deputy sheriff, bailiff or

officer of a sheriff; and

                           (b)                          any bailiff or other person who is an officer of a

county court within the meaning of the County

Courts Act 1959.”

20

          (6)      In the section heading, for “court officers executing process for possession

against unauthorised occupiers” substitute “enforcement officers and court

officers executing High Court or county court process”.

Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

  95      (1)      Amend section 20ZA (variation of orders for periodical payments) as

25

follows.

          (2)      In subsection (2), for “clerk to the justices for the petty sessions area for

which the court is acting” substitute “court”.

          (3)      In subsection (3)—

              (a)             for “the clerk” substitute “a justices’ clerk”, and

30

              (b)             for “to the justices’ chief executive for the court” substitute “to the

designated officer for the court”.

  96       In section 27 (refusal of order in case more suitable for High Court), for “for

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

  97       In section 32(2) (enforcement of orders for payment of money), for “a

35

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

court”.

  98      (1)      Amend section 35 (orders for repayment of sums paid after cessation of

order by reason of marriage) as follows.

          (2)      In subsection (7)—

40

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

a magistrates’ court”, and

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

 

 

 
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