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

House of Lords

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"Friendly Societies Act 1974 (c. 46)

      For section 102 (jurisdiction of magistrates' courts) substitute—
    "102Jurisdiction of magistrates' courts in Northern Ireland
    (1)      In Northern Ireland, a registered society or branch or any officer thereof may be prosecuted for any summary offence under this Act before a magistrates' court acting for the county court division in which the registered office of the society or branch is situated.
    (2)      Subsection (1) is without prejudice to the provisions of the Magistrates' Courts (Northern Ireland) Order 1981 as to the jurisdiction of a magistrates' court." "
Page 87, line 12, at end insert—
 

"Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 34)

      In section 7 (rules of court)—
(a)  for the words from "The power" to "1981 or" substitute "Civil Procedure Rules or rules of court under", and
(b)  for "shall include power to make rules of court under" substitute "may make provision"."
Page 87, line 20, leave out paragraph 89 and insert—
      "In section 2 (definitions), omit the definitions of "Crown Court rules", "magistrates' courts rules" and "Supreme Court rules".
      In section 3AA (electronic monitoring of compliance with bail conditions), in each of subsections (4)(a) and (12), for "petty sessions area" substitute "local justice area".
      In section 5(10) (meaning of "prescribed" in section 5), for "Supreme Court rules, Courts-Martial Appeal rules, Crown Court rules or magistrates' courts rules" substitute "Civil Procedure Rules, Courts-Martial Appeal rules or Criminal Procedure Rules".
(1)      Amend section 5B (reconsideration of decisions granting bail) as follows.
(2)      In subsection (8), omit "for the petty sessions area in which he was arrested".
(3)      In subsection (9), for "Magistrates' court rules" substitute "Criminal Procedure Rules"."
Page 87, line 27, leave out paragraph 92 and insert—
"(1)      Amend section 8 (bail with sureties) as follows.
(2)      In subsection (4)—
(a)  in paragraph (a), for "magistrates' courts rules" substitute "Criminal Procedure Rules",
(b)  in paragraph (b), for "Crown Court rules" substitute "Criminal Procedure Rules",
(c)  in paragraph (c), for "Supreme Court rules" substitute "Civil Procedure Rules or Criminal Procedure Rules", and
(d)  for "Supreme Court rules, Crown Court rules, Courts-Martial Appeal rules or magistrates' courts rules" substitute "Civil Procedure Rules, Criminal Procedure Rules or Courts-Martial Appeal rules".
(3)      In subsection (5)(b), omit "for the petty sessions area in which he resides"."
Page 87, line 35, at end insert—
 

"Administration of Justice Act 1977 (c. 38)

      Omit section 22 (membership of rule committees)."
Page 88, line 20, leave out "1959" and insert "1984"
Page 88, line 23, at end insert—
      "In section 48(1) (power to make rules as to furnishing of information by prosecutor in criminal proceedings), for the words from "The power" to "include power to" substitute "Criminal Procedure Rules may"."
Page 88, line 24, at end insert—
      "In section 6(9) (restrictions on power to make order where respondent not present at hearing), for "rules" substitute "rules of court"."
Page 88, line 32, at end insert—
"(   )      In subsection (10), for "the clerk to the justices" substitute "a justices' clerk"."
Page 88, line 35, leave out paragraph 97 and insert—
      "In section 30(1) (jurisdiction to hear application for order under Part 1 of the Act)—
(a)  for "a magistrates' courts committee" substitute "the Lord Chancellor", and
(b)  for the words from "at the" onwards substitute "it acts in, or is authorised by the Lord Chancellor to act for, a local justice area in which either the applicant or the respondent ordinarily resides at the date of the making of the application".
(1)      Amend section 32 (enforcement of orders for payment of money) as follows.
(2)      In subsection (2), for "a justices' chief executive" substitute "the designated officer for a magistrates' court".
(3)      In subsection (6), for "rules" substitute "rules of court"."
Page 89, line 4, leave out paragraph 99 and insert—
"(1)      Amend section 88 (interpretation) as follows.
(2)      In subsection (1), omit the definition of "rules".
(3)      In subsection (4), for "for the same petty sessions" substitute "in the same local justice".
 

Judicature (Northern Ireland) Act 1978 (c. 23)

    (1)   Amend Schedule 1 (appeals to House of Lords in certain criminal matters) as follows.
(2)      In paragraph 1(2), omit "Except in a case involving sentence of death,".
(3)      Omit paragraph 2.
 

Protection of Children Act 1978 (c. 37)

(1)      Amend section 4 (entry, search and seizure) as follows.
(2)      In subsection (1), omit "in the petty sessions area for which he acts".
(3)      In subsection (3), for "for the same petty sessions area as the justice who issued the warrant" substitute "in the local justice area in which the articles were seized".
      In section 5(1) (forfeiture of seized articles), for "for that petty sessions area" substitute "acting in that local justice area".
 

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

      In section 4 (supplemental), in subsection (4)(a), for "justices' chief executive" substitute "designated officer"."
Page 89, line 26, at end insert—
      "In section 43(2) (enforcement of recognizance of a surety for person granted bail), for "for the petty sessions" substitute "acting in the local justice".
      In section 47 (service of summons out of time after failure to prove service by post) for "the rules" (in the first place where it occurs) substitute "rules of court"."
Page 90, line 34, leave out from beginning to end of line 38 and insert—
"(1)      Amend section 59B(5) (interpretation of provisions relating to penalty for failing to comply with maintenance order) as follows.
(2)      For the definition of "the relevant court" substitute—
     ""the relevant court", in relation to an order, means—
    (a)  in a case where payments under the order are required to be made to or through the designated officer for a magistrates' court, that magistrates' court;
    (b)  in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was made by a magistrates' court, that magistrates' court; and
    (c)  in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was not made by a magistrates' court, the magistrates' court in which the order is registered;".
(3)      In the definition of "relevant justice" for "for the petty sessions area for" substitute "acting in the local justice area in".
(1)      Amend section 60 (revocation, variation, etc. of orders for periodical payment) as follows.
(2)      In subsection (4), omit "the clerk of".
(3)      In subsection (5)—
(a)  for "the clerk" substitute "a justices' clerk", and
(b)  for "to the justices' chief executive for the court" substitute "to the designated officer for the court".
(4)      In subsection (10), for "the clerk of the court" substitute "a justices' clerk".
(1)      In section 61(1) (periodical payments payable by one person under more than one order) for "The power to make rules conferred by section 144 below shall, without prejudice to the generality of subsection (1) of that section, include power to" substitute "Rules of court may".
(2)      In paragraph (b) of section 61(1)—"
Page 90, line 44, at end insert—
"(1)      Amend section 65(1) (proceedings which are family proceedings for purposes of Act) as follows.
(2)      After the paragraph (n) inserted by paragraph 8(a) of Schedule 11 to the Children Act 1989 (c. 41), insert—
    "(na)  section 30 of the Human Fertilisation and Embryology Act 1990 (c.37);".
(3)      Renumber the paragraph (n) inserted by paragraph 60 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992 (c.6) as paragraph (nb)."
Page 90, line 47, at end insert—
"(1)      Amend section 70 (jurisdiction of magistrates' courts in inner London for family proceedings) as follows.
(2)      In subsection (1)—
(a)  for "for an inner London petty sessions" substitute "acting in an inner London local justice",
(b)  for "for that" substitute "acting in that",
(c)  for "for any" substitute "acting in any", and
(d)  for "magistrates' courts committee whose area consists of or includes that petty sessions area" substitute "Lord Chancellor".
(3)      In subsection (2)—
(a)  for "for an inner London petty sessions" substitute "acting in an inner London local justice", and
(b)  for "magistrates' courts committee whose area consists of or includes that petty sessions area so determine" substitute "Lord Chancellor so determines".
(4)      In subsection (3), in the definition of "inner London petty sessions area", for ""inner London petty sessions area" means any petty sessions" substitute ""inner London local justice area" means any local justice".
      In section 74(1) (reasons for decisions in family proceedings) for "The power to make rules conferred by section 144 below shall, without prejudice to the generality of subsection (1) of that section, include power to" substitute "Rules of court may"."
Page 91, line 7, at end insert—
      "In—
(a)  section 78(4) (offence of removing impounded goods marked in accordance with rules), and
(b)  section 79(2) (reduction of period of detention on payment being made in accordance with rules),
  for "the rules" substitute "rules of court"."
Page 91, line 10, at end insert—
      "In section 84(1) (power to require statement of means) for "for the same petty sessions" substitute "in the same local justice"."
Page 91, line 22, leave out paragraph 115 and insert—
"(1)      Amend section 89 (transfer of fine order) as follows.
(2)      In subsection (1)—
(a)  after "Where a magistrates' court" insert "in a local justice area",
(b)  for "in any petty sessions area other than that for which the court acted" substitute "in England and Wales", and
(c)  for "the petty sessions area in which it appears to the court that he is residing;" substitute "another local justice area".
(3)      In subsection (2)—
(a)  for "justices' chief executive for" (in both places) substitute "designated officer for", and
(b)  for "for the petty sessions area" substitute "in the local justice area".
(4)      For subsection (3) substitute—
    "(3)      A court by which functions in relation to any sum are for the time being exercisable by virtue of a transfer of fine order may make a further transfer of fine order with respect to that sum.""
    Page 91, line 26, leave out paragraph 117 and insert—
    "(1)      Amend section 91 (transfer of fines from Scotland and Northern Ireland) as follows.
    (2)      In subsection (1)—
    (a)  for "in a specified petty sessions area in England and Wales, a magistrates' court acting for that area," substitute "by a magistrates' court in England and Wales, a magistrates' court acting in the area in which the person subject to the order resides,", and
    (b)  for "justices' chief executive for" substitute "designated officer for".
    (3)      In subsection (3)—
    (a)  for "in a petty sessions area" substitute "by a magistrates' court", and
    (b)  for "acting for that area" substitute "acting in the area in which the person subject to the order resides".
          In section 93(5) (issue of warrant to arrest person defaulting on maintenance order) for "for the same petty sessions" substitute "in the same local justice"."
    Page 92, line 4, at end insert—
          "In section 107 (false statements in declaration proving service) for "the rules" substitute "rules of court".
          In section 109(2) (notice to abandon an appeal), for "Crown Court rules" substitute "rules of court"."
    Page 92, line 5, after "stated)" insert "—
    (a)  for "the clerk of a magistrates' court" substitute "a justices' clerk", and
    (b)  "
    Page 92, line 24, at end insert—
          "In section 125(1) (warrants) for "the rules" substitute "rules of court"."
    Page 93, line 9, at end insert—
          "In section 126 (execution of certain warrants outside England and Wales)—
    (a)  for "Sections 12 to 14" substitute "Section 13(1) and (2)", and
    (b)  in paragraph (a), for "those referred to in the said sections 12 to 14" substitute "indictable offences"."
    Page 93, line 15, at end insert—
          "Omit section 141 (clerks to justices)."
    Page 93, line 17, leave out paragraph 129(2) and insert—
    "(2)      In subsection (1) after "prescribing" insert "except in relation to—
      (a)  any criminal cause or matter, or
      (b)  family proceedings,",
        and for "and justices' chief executives" substitute "and designated officers for magistrates' courts"."
      Page 93, leave out lines 22 to 24 and insert "Court, the Senior District Judge (Chief Magistrate)".
      (4)      In subsection (3), before paragraph (a) insert—
        "(za)  one District Judge (Magistrates' Courts);".
        (5)      Omit subsection (5).
        (1)      Amend section 145 (rules: supplementary provisions) as follows.
        (2)      In subsection (1), omit paragraphs (aa), (f) and (i).
        (3)      Omit subsection (4)."
        Page 93, line 29, leave out paragraph 134 and insert—
         "134   (1)   Amend section 150(1) (interpretation) as follows.
        (2)      Omit the definitions of "petty-sessional court-house", "the register" and "the rules".
        (3)      In the definition of "prescribed" for "the rules" substitute "rules of court".
         134A      In section 152 for "the rules" substitute "rules of court"."
        Page 93, line 31, at end insert—
              "In section 155(4) (extent of section 126 of 1980 Act) for "sections" substitute "section"."
        Page 93, line 32, at end insert—

 
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6 May 2003