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

House of Lords

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"Immigration Act 1971 (c. 77)

      In section 25D(6)(a) (court to which application may be made following detention of ships, aircraft and vehicles), for sub-paragraphs (i) and (ii) substitute—
    "(ia)  if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;".
(1)      Amend section 28K (execution of search warrants issued to immigration officers) as follows.
(2)      For subsection (9)(a), substitute—
    "(a)  if issued by a justice of the peace in England and Wales, to the designated officer for the local justice area in which the justice was acting when he issued the warrant;".
(3)      In subsection (10), for "justices' chief executive" substitute "designated officer".
(1)      Amend Schedule 2 (administrative provisions about control on entry) as follows.
(2)      In paragraphs 23(1A)(a) and 31(3A)(a), for "justices' chief executive" substitute "designated officer".
(3)      In paragraphs 23(3) and 31(4), for "purposes of the Justices of the Peace Act 1997 and, in particular section 60 of that Act, as being" substitute "purposes of section 33 of the Courts Act 2003 (application of receipts of designated officers) as being".
(4)      In paragraphs 24(2)(a) and 33(2)(a), after "hours, before" insert "in England and Wales, a justice of the peace, in Northern Ireland,".
(1)      Amend Schedule 3 (supplementary provisions about deportation) as follows.
(2)      After paragraph 6(2) insert—
    "(2A)      Where the Crown Court directed release, the appropriate court is that court or a magistrates' court."
(3)      In paragraph 6(3), omit "the Crown Court or" and "commission area or".
(4)      In paragraph 8(1)—
(a)  for "England or Wales or" substitute "England or Wales in pursuance of paragraph 7 above shall be brought as soon as practicable and in any event within twenty-four hours after his arrest before a justice of the peace in England or Wales, and a person arrested in";
(b)  omit "area or"."
200Page 85, line 11, at end insert—
"(1)      Amend section 18 (provision that may be made by magistrates' courts rules) as follows.
(2)      In subsection (1)—
(a)  for the words preceding paragraph (a) substitute "Rules of court may make provision with respect to—";
(b)  in paragraph (a), for "for a particular petty sessions area" substitute "in a particular local justice area", and for "for such other petty sessions area" substitute "in such other local justice area".
(3)      In subsection (1A), for "rules made under section 144 of the Magistrates' Courts Act 1980" substitute "rules of court".
      In section 21(1) (interpretation of Part 1), in the definition of "prescribed", omit—
(a)  "in England and Wales or",
(b)  "by rules made under section 144 of the Magistrates' Courts Act 1980 or", and
(c)  "as the case may be,"."
201Page 86, line 19, at end insert—
 

"Civil Evidence Act 1972 (c. 30)

      Omit section 2(8) (power to make rules of court under section 2 is without prejudice to other such powers)."
202Page 86, line 24, at end insert—
 

"Administration of Justice Act 1973 (c. 15)

      In section 5 (consequential) omit "Paragraph 7 of".
      In Schedule 1 (justices of the peace: consequential re-enactments and amendments), omit paragraphs 7 to 7B and 10(1)."
203Page 86, line 25, at end insert—
      "In section 35(3) (jurisdiction to hear application for alteration of maintenance agreement), for "at least one of the parties is resident within the commission area for which the court is appointed" substitute "the court acts in, or is authorised by the Lord Chancellor to act for, a local justice area in which at least one of the parties is resident"."
204Page 86, line 37, at end insert—
      "In—
(a)  section 9(3) (appeal against refusal to excuse from jury service), and
(b)  section 9A(3) (appeal against refusal to defer jury service),
  for "Crown Court rules" substitute "Criminal Procedure Rules".
      In section 14 (views by jurors), for "Crown Court rules, and rules of court for civil cases," substitute "Criminal Procedure Rules and Civil Procedure Rules"."
205Page 86, line 39, at end insert—
 

"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.""
206Page 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"."
207Page 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"."
208Page 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"."
209Page 87, line 35, at end insert—
 

"Administration of Justice Act 1977 (c. 38)

      Omit section 22 (membership of rule committees)."
210Page 88, line 20, leave out "1959" and insert "1984"
211Page 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"."
212Page 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"."
213Page 88, line 32, at end insert—
"(   )      In subsection (10), for "the clerk to the justices" substitute "a justices' clerk"."
214Page 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"."
215Page 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"."
216Page 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"."
217Page 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)—"
218Page 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)."
219Page 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"."
220Page 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"."
221Page 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"."
222Page 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.""
    223Page 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"."
    224Page 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"."
    225Page 92, line 5, after "stated)" insert "—
    (a)  for "the clerk of a magistrates' court" substitute "a justices' clerk", and
    (b)  "
    226Page 92, line 24, at end insert—
          "In section 125(1) (warrants) for "the rules" substitute "rules of court"."
    227Page 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"."
    228Page 93, line 15, at end insert—
          "Omit section 141 (clerks to justices)."
    229Page 93, line 17, leave out sub-paragraph (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"."
      230Page 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)."
        231Page 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"."
        232Page 93, line 31, at end insert—
              "In section 155(4) (extent of section 126 of 1980 Act) for "sections" substitute "section"."
        233Page 93, line 32, at end insert—

 
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7 May 2003