Courts Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Hares Act 1848 (c. 29)

 11R      In section 2 (registration of authorisation)—
(a)  for "clerk of the magistrates acting for the petty sessions area" substitute "designated officer for the local justice area", and
(b)  for "clerk of the magistrates as" substitute "designated officer as".
 

Indictable Offences Act 1848 (c. 42)

 11S      In section 13 (English warrants may be backed in the Isles of Man, Guernsey, Jersey, Alderney or Sark, and vice versa)—
(a)  omit "any county, riding, division, liberty, city, borough, or place in" (in both places),
(b)  for "and for the county or place into which such person shall escape or go, or where he shall reside or be, or be supposed or suspected to be," substitute "England and Wales",
(c)  for "indorsing the same has jurisdiction" substitute "indorsing the same is acting or has jurisdiction",
(d)  for "issued such warrant or process shall have jurisdiction" substitute "issued such warrant or process is acting or has jurisdiction", and
(e)  for "had been apprehended within his jurisdiction" substitute "had been apprehended in England or Wales or (as the case may be) within his jurisdiction"."
Page 77, line 24, at end insert—
 

"Inclosure Act 1859 (c. 43)

 12A      In section 4 (how damage to be assessed), for "for the county or riding or other division or place within which" substitute "acting in the local justice area in which".
 12B      In section 6 (justices' warrant for distress), for "of such county or riding, or other district or place as aforesaid, shall, by warrant under their hands and seals," substitute "acting in the local justice area shall by warrant".
 

Ecclesiastical Courts Jurisdiction Act 1860 (c. 32)

 12C      In section 2 (offence of making a disturbance in churches, chapels, churchyards etc.)—
(a)  for "before two justices of the peace" substitute "by a magistrates' court",
(b)  for "a penalty of not more than" substitute "a fine not exceeding", and
(c)  for "for every such offence, or may, if the justices before whom he shall be convicted think fit, instead of being subjected to any pecuniary penalty, be committed to prison for any time" substitute "or to imprisonment for a term".
 12D      In section 3 (power to arrest offenders and take them before a justice of the peace), for "justice of the peace of the county or place where the said offence shall have been so committed," substitute "magistrates' court".
 12E      Paragraphs 12C and 12D do not extend to Northern Ireland.
 

Defence Act 1860 (c. 112)

 12F   (1)   In section 47 (interpretation), omit the words from "The word "justices"" to "acting together:".
(2)      This paragraph extends only to England and Wales.
 

Offences Against the Person Act 1861 (c. 100)

 12G      In section 44 (if magistrates dismiss case of assault or battery, they must make out certificate to that effect), omit "under their hands".
 12H      In section 65 (justices may issue search warrants for explosive substances)—
(a)  for "Any justice of the peace of any county or place in which" substitute "Where",
(b)  after "in this Act mentioned," insert "a justice of the peace,", and
(c)  omit "under his hand and seal".
 12I      Paragraphs 12G and 12H do not extend to Northern Ireland.
 

Poaching Prevention Act 1862 (c. 114)

(1)      In section 1 (interpretation), omit from "; and the words "justice" and "justices"" onwards.
(2)      This paragraph does not extend to Northern Ireland.
      In section 2 (summons to appear before justice of the peace)—
(a)  after "citing such person to appear before" insert ", in England and Wales, a magistrates' court or",
(b)  omit "England and", and
(c)  for "forfeit and pay any sum" substitute "be liable to a fine".
      In section 3 (recovery of penalties), omit "in England in the same manner as penalties under the Game Act 1831 and"."
Page 77, line 27, at end insert—
 

"Dockyard Ports Regulation Act 1865 (c. 125)

(1)      In section 2 (interpretation), omit the words from "The term "justice"" to "arises:".
(2)      This paragraph does not extend to Northern Ireland.
(1)      In section 22 (jurisdiction of justice of the peace), for "Where any district" substitute—
    "(1)      For the purposes of this Act, where a local justice area in England and Wales abuts on the shore of the sea or other navigable water, any magistrates' court in England and Wales has jurisdiction over—
    (a)  any vessel which is near or passes near the shore, and
    (b)  every person on board the vessel or belonging to it,
      as if the vessel or person were in England and Wales.
    (2)      Where any other district".
     

    Newspapers, Printers and Reading Rooms Repeal Act 1869 (c. 24)

          In Schedule 2 (which sets out enactments continued in force under section 1)—
    (a)  in section 29 of the Unlawful Societies Act 1799 (penalty for neglecting or refusing to produce copy), for "forfeit and lose the sum" substitute "be liable on summary conviction to a fine",
    (b)  in section 34 of the 1799 Act (prosecutions to be commenced within 3 months), omit "or sued" and ", or such action shall be brought,",
    (c)  omit section 35 of the 1799 Act (recovery of penalties),
    (d)  omit section 36 of the 1799 Act (application of penalties), and
    (e)  in section 2 of the Printers and Publishers Act 1839 (penalty upon printers for not printing their name, etc.), for "forfeit a sum not more than" substitute "be liable on summary conviction to a fine not exceeding"."
    Page 77, line 31, at end insert—
     

    "Fairs Act 1873 (c. 37)

          The amendments of section 6 (alteration of fair day on representation of local authority) made by—
    (a)  paragraph 10 of Schedule 10 to the Access to Justice Act 1999 (c. 22), and
    (b)  paragraph 5 of Schedule 13 to that Act,
      shall be treated as if they had never had effect."
    Page 78, line 4, at end insert—
     

    "Explosive Substances Act 1883 (c. 3)

    (1)      In section 6(1) (inquiry into offences)—
    (a)  omit "for the county, borough, or place in which the crime was committed or is suspected to have been committed,",
    (b)  omit "sit at a petty sessional or occasional court-house, or police station in the said county, borough or place, and", and
    (c)  for "the next petty sessions, or" substitute "a magistrates' court".
    (2)      This paragraph does not extend to Northern Ireland.
          In section 9(2) (application of Act to Scotland), for ""petty sessional court house"" substitute ""magistrates' court""."
    Page 78, line 39, at end insert—
     

    "Behring Sea Award Act 1894 (c. 2)

          The Behring Sea Award Act 1894 shall have effect in relation to England and Wales as if in Schedule 2 for section 521 of the Merchant Shipping Act 1854 (which under section 1(5) of the 1894 Act is applied to any offence or forfeiture under that Act) there were substituted—
      "521Jurisdiction over ships lying off the coasts
            Courts in England and Wales (including magistrates' courts) have jurisdiction—
      (a)  over any ship or boat which—
      (i)  is on or is lying or passing off the coast of England and Wales, or
      (ii)  is in or near any bay, channel, lake, river or other navigable water on which any part of England and Wales abuts or into which any part of England and Wales projects, and
      (b)  over all persons on board the ship or boat or for the time being belonging to it,
        as if the ship, boat or persons were in England and Wales.""
    Page 79, line 4, at end insert—
     

    "Indictments Act 1915 (c. 90)

          In section 2(2) (powers of rule committee), for the words preceding "shall have power" substitute "The Criminal Procedure Rule Committee"."
    Page 79, line 21, at end insert—
    "(1)      In section 7(2) (power to make rules about proceedings under the Act), for the words from "Without prejudice" to "such rules" substitute "For the purpose of giving effect to this Act rules of court".
    (2)      Sub-paragraph (1) does not extend to Northern Ireland.
     

    Criminal Justice Act 1925 (c. 86)

          In section 33(4) (rules about service of documents on a corporation), omit ", except in so far as such provision may be made by rules under section 144 of the Magistrates' Courts Act 1980"."
    Page 79, line 25, at end insert—
    "(1)      Amend section 25 (restrictions on persons under 18 going abroad to perform for profit) as follows.
    (2)      In subsection (6), for "court of summary jurisdiction" substitute "relevant court".
    (3)      After subsection (10), insert—
      "(11)      In this section "the relevant court"—
      (a)  in relation to England and Wales, means a magistrates' court;
      (b)  in relation to Scotland, means a sheriff court;
      (c)  in relation to Northern Ireland, means a court of summary jurisdiction." "
    Page 79, line 36, at end insert—
     

    "Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13)

    (1)      In section 3(1) (power to make rules of court for purposes of Act), for "rules of court under section 84 of the Supreme Court Act 1981" substitute "Civil Procedure Rules".
    (2)      Sub-paragraph (1) extends to England and Wales only.
     

    Public Offices (Site) Act 1947 (c. 45)

          Omit section 7 (correction of errors in deposited plan and book of reference).
     

    The National Assistance Act 1948 (c. 29)

          In section 43(4) (interpretation of section 43), for the words from "a court" onwards substitute "—
      (a)  in England and Wales, a magistrates' court acting in the local justice area where the assistance was given or applied for;
      (b)  in Scotland, the sheriff having jurisdiction in the place where the assistance was given or applied for."
      (1)      Amend section 47 (removal to suitable premises of persons in need of care and attention) as follows.
      (2)      In subsection (2), for "a court of summary jurisdiction having jurisdiction in the place where the premises are situated" substitute "the court".
      (3)      After subsection (12) insert—
        "(12A)      In this section, "the court"—
        (a)  in England and Wales, means a magistrates' court acting in the local justice area where the premises are situated;
        (b)  in Scotland, means the sheriff having jurisdiction in the place where the premises are situated."
              Omit section 65(c) (in application of Act to Scotland, references to court of summary jurisdiction to be read as references to sheriff).
         

        Criminal Justice Act 1948 (c. 58)

              For section 37(4) (recommittal following appeal etc.) substitute—
          "(4)      Criminal Procedure Rules may be made for authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody under this section.""
        Page 80, line 10, at end insert—
              "In section 17(1)(a) (registration of maintenance orders in England), for "for the same place" substitute "acting in the same local justice area"."
        Page 80, line 32, at end insert—
        "(1)      Amend section 25 (rules as to procedure of magistrates' courts) as follows.
        (2)      Omit subsection (1).
        (3)      In subsection (3)—
        (a)  after "Rules" insert "of court", and
        (b)  in paragraph (a), for the words from "by means of" onwards, substitute "in accordance with the rules".
        (4)      Sub-paragraph (3) does not extend to Northern Ireland.
        (1)      Amend section 28(1) (interpretation) as follows.
        (2)      In the definition of "collecting officer", after "officer"," insert "in relation to a court of summary jurisdiction in England, means the designated officer for the court, and".
        (3)      In the definition of "prescribed", omit—
        (a)  "England or",
        (b)  "by rules made under section fifteen of the Justices of the Peace Act 1949, or", and
        (c)  "as the case may be,"."
        Page 81, line 25, after "executive for" insert "the magistrates' court acting for the petty sessions area".
        Page 81, line 26, after "officer for" insert "the magistrates' court acting in the local justice area".
        Page 82, line 15, leave out paragraph 47 and insert—
        "(1)      Amend section 18 (powers of magistrates to renew commitals) as follows.
        (2)      For "justices' chief executive for" (in each place) substitute "designated officer for".
        (3)      In subsections (2) and (4), for "acting for the same petty sessions area" substitute "acting in the same local justice area"."
        Page 82, line 22, at end insert—
              "In section 21(1) (interpretation), omit the definition of "rules of court".

 
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6 May 2003