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

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Railway Regulation Act 1842 (c. 55)

(1)      In section 17 (punishment of persons employed on railways guilty of misconduct)—
(a)  for "before some justice of the peace for the place within which such offence shall be committed" substitute "before a magistrates' court",
(b)  for "such justice as aforesaid (who is hereby authorised and required, upon complaint to him made, without information in writing, to take cognizance thereof, and to act summarily in the premises), in the discretion of such justice," substitute "a magistrates' court,"
(c)  omit ", in the like discretion of such justice, shall",
(d)  for "as such justice shall appoint" substitute "as a magistrates' court shall appoint", and
(e)  omit the words from "and every such penalty" to the end.
(2)      This paragraph extends only to England and Wales.
 

Defence Act 1842 (c. 94)

(1)      In section 24 (compensation for damage caused by temporary buildings), omit "of the county, riding, city, or place".
(2)      This paragraph extends only to England and Wales."
171Page 77, line 15, leave out paragraph 11 and insert—
"(1)      Amend section 24 (proceedings with respect to licences on quitting service) as follows.
(2)      Re-number the existing provision subsection (1).
(3)      In that subsection—
(a)  for "any time not exceeding" substitute "a time which, excluding any day mentioned in subsection (2), does not exceed",
(b)  for "the magistrates' court for the petty sessions area in which the said proprietor shall dwell" substitute "a magistrates' court",
(c)  for "at the time of applying" substitute "when applying",
(d)  for "justices' chief executive for such" substitute "designated officer for the",
(e)  for "twenty-four hours, exclusive of Sunday or any day on which the magistrates' court shall not sit," substitute "that time", and
(f)  for "at the same magistrates' court" substitute "to a magistrates' court".
(4)      After that subsection insert—
    "(2)      The days are—
    (a)  Saturday or Sunday;
    (b)  Christmas Day or Good Friday;
    (c)  a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).""
172Page 77, line 21, at end insert—
 

"Companies Clauses Consolidation Act 1845 (c. 16)

 11A      In section 3 (interpretation), omit the words from "The word "justice"" to "acting together in petty sessions".
 11B      In section 18 (transmission of shares by other means than transfer to be authenticated by a declaration), for the words from "before a justice" to "and such declaration" substitute "before a justice or a person authorised to administer oaths; and such declaration".
 11C      In section 33 (evidence as to forfeiture of shares), for the words from "before any justice" to "that the call" substitute "before any justice or a person authorised to administer oaths, that the call".
 11D      Paragraphs 11A to 11C extend only to England and Wales.
 

Lands Clauses Consolidation Act 1845 (c. 18)

 11E   (1)   In section 3 (interpretation), omit the words from "The word "justices"" to "acting together".
(2)      This paragraph extends only to England and Wales.
 

Railway Clauses Consolidation Act 1845 (c. 20)

 11F      In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:".
 11G      In section 11 (limiting deviation from datum line described on sections, etc.)—
(a)  for "in petty sessions assembled for that purpose, and acting for the district" substitute "acting in the local justice area", and
(b)  for the words from "every petty sessions" to "holding of such petty sessions" substitute "every hearing before two or more justices to be held for the purpose of obtaining their consent as mentioned above shall, at least 14 days before the hearing".
 11H      In section 46 (crossings of roads—level crossings), omit "in petty sessions".
 11I      In section 59 (proceedings on application to justices to consent to level crossings over highways other than public carriage roads)—
(a)  for "fourteen days at least previous to the holding of the petty sessions at which such application is intended to be made" substitute "at least 14 days before the application is intended to be made",
(b)  for "acting for the district" substitute "acting in the local justice area", and
(c)  omit ", and assembled in petty sessions,".
 11J      Paragraphs 11F to 11I extend only to England and Wales.
 

Geological Survey Act 1845 (c. 63)

 11K      In section 1 (dispute as to damage caused during survey), for "by any two or more justices of the peace, in petty sessions assembled, of the place where the lands or trees may be situate" substitute "by a magistrates' court".
 11L      In section 6 (interpretation), for "the word "justices" shall include all persons acting in the commission of the peace and" substitute "the words "magistrates' court" shall include".
 

Markets and Fairs Clauses Act 1847 (c. 14)

 11M   (1)   In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:".
(2)      This paragraph does not extend to Northern Ireland.
 

Harbours, Docks and Piers Clauses Act 1847 (c. 27)

 11N   (1)   In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:".
(2)      This paragraph does not extend to Northern Ireland.
 

Towns Improvement Clauses Act 1847 (c. 34)

 11O   (1)   In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:".
(2)      This paragraph does not extend to Northern Ireland.
 

Cemeteries Clauses Act 1847 (c. 65)

 11P   (1)   In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:".
(2)      This paragraph does not extend to Northern Ireland.
 

Town Police Clauses Act 1847 (c. 89)

 11Q   (1)   In section 3 (interpretation), omit the words from "The word "justice"" to "acting together:".
(2)      This paragraph does not extend to Northern Ireland.
 

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"."
173Page 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"."
174Page 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"."
    175Page 77, line 27, at end insert—

 
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9 May 2003