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

House of Lords

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"Promissory Oaths Act 1871 (c. 48)

      In section 2 (persons before whom oaths to be taken), for the paragraph beginning "In England" substitute—
      "In England and Wales—
    (a)  before the Lord Chancellor, or
    (b)  in open court before one or more judges of the High Court or before one or more Circuit judges.""
176Page 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."
177Page 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""."
178Page 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.""
179Page 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"."
180Page 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"."
181Page 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.""
182Page 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.""
      183Page 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"."
      184Page 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,"."
      185Page 81, line 25, after "executive for" insert "the magistrates' court acting for the petty sessions area"
      186Page 81, line 26, after "officer for" insert "the magistrates' court acting in the local justice area"
      187Page 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"."
      188Page 82, line 22, at end insert—
            "In section 21(1) (interpretation), omit the definition of "rules of court".
       

      Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)

          (1)   Amend section 3 (power to close highways) as follows.
      (2)      In subsection (1), omit "sitting in petty sessions in the petty sessions area within which that highway or part of a highway is situated".
      (3)      In subsection (2), omit ", being a highway or part within the jurisdiction of those justices".
      (4)      For subsection (5)(c) substitute—
        "(c)  the references to justices of the peace shall be construed as references to the district court for the area in which the highway or part of a highway is situated."
       

      Obscene Publications Act 1959 (c. 66)

      (1)      Amend section 3 (powers of search, seizure and forfeiture) as follows.
      (2)      In subsection (1), omit "in the petty sessions area for which he acts," and "in that area".
      (3)      In subsection (3)—
      (a)  for "for the same petty sessions area as the justice who issued the warrant, and the justice before whom the articles are brought" substitute "in the local justice area in which the articles were seized, who";
      (b)  for "for that petty sessions area" substitute "acting in that local justice area".
       

      Road Traffic Act 1960 (c. 16)

            In section 243(a) (proof in summary proceedings of identity of driver), for "rules made under section fifteen of the Justices of the Peace Act 1949" substitute "Criminal Procedure Rules"."
      189Page 82, line 31, at end insert—
       

      "Administration of Justice Act 1960 (c. 65)

            In section 2(3) (power to extend time for applying for leave to appeal to House of Lords), omit "Except in a case involving sentence of death,".
            Omit section 3 (special provision as to capital cases)."
      190Page 82, line 42, at end insert—
      "(1)      Amend Schedule 1 (bookmaker's permits, betting agency permits and betting office licences) as follows.
      (2)      In paragraph 1(a)—
      (a)  for "petty sessions" substitute "local justice", and
      (b)  for "acting for" substitute "acting in".
      (3)      In paragraph 2—
      (a)  in the definition of "appropriate authority", for "petty sessions" substitute "local justice", and
      (b)  in paragraph (a) of the definition of "the proper officer of the appropriate authority", for "chief executive to" substitute "designated officer for".
      (4)      In paragraph 20A(5), for the words from "for a petty" onwards substitute "in a local justice area, is a justices' clerk designated by the Lord Chancellor in relation to the committee"."
      191Page 83, line 8, at end insert—
            "In section 26 (Inner and Middle Temples), omit "commissions of the peace,".
       

      Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)

            In section 1(1) (endorsement of warrants issued in Republic of Ireland)—
      (a)  in paragraph (b) after "within the area" insert "in or", and
      (b)  for "comprising the area for" substitute "which consists of or includes the area in or for".
            In section 4(1) (issue of provisional warrant), in paragraph (c), after "within the area" insert "in or".
            In section 6(2) (discharge of persons where police of Republic no longer require his delivery into their custody), after "justice of the peace acting" insert "in or".
            In section 8(1) (rules of court) for paragraph (a) substitute—
        "(a)  in England and Wales, Criminal Procedure Rules;".
      (1)      Amend the Schedule (supplementary provisions as to proceedings under section 2) as follows.
      (2)      For paragraphs 2 and 2A substitute—
        "2      The court shall sit in open court and shall consist of—
        (a)  at least two justices, or
        (b)  a District Judge (Magistrates' Courts)."
      (3)      In paragraph 3, for "paragraphs 2 and 2A" substitute "paragraph 2".

 
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©Parliamentary copyright 2003
9 May 2003