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

House of Lords

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Compulsory Purchase Act 1965 (c. 56)

      Omit section 1(5) (jurisdiction of justices of the peace)."
192Page 83, line 12, at end insert—
 

"Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)

      In each of the following provisions, for "Crown Court rules", in each place it occurs, substitute "Criminal Procedure Rules"—
(a)  section 2(7), (8) and (9) (issue of witness summons on application to Crown Court),
(b)  section 2B(2) and (3) (summons no longer needed),
(c)  section 2C(2), (3), (5), (6) and (7) (application to make section 2 summons ineffective), and
(d)  section 2E(3) and (4) (application to make section 2D summons ineffective)."
193Page 83, line 20, leave out "31A" and insert "31C"
194Page 83, line 27, at end insert—
 

"Gaming Act 1968 (c. 65)

(1)      Amend Schedule 2 (court order cancelling licence) as follows.
(2)      In paragraph 1(1)(a), for "petty sessions" substitute "local justice".
(3)      In paragraph 2(1), for "petty sessions" substitute "local justice".
(4)      In paragraph 48(5), for "justices' chief executive" substitute "designated officer".
(1)      Amend Schedule 3 (registration of members' clubs in England and Wales) as follows.
(2)      In—
(a)  paragraph 12(1) (in both places),
(b)  paragraph 13(1),
(c)  paragraph 15(1) (in both places),
(d)  paragraph 16(1),
(e)  paragraph 17(3) (in both places),
(f)  paragraph 23, and
(g)  paragraph 24(1) and (2),
  for "chief executive to" substitute "designated officer for".
(3)      In paragraph 17(4), for "justices' chief executive" substitute "designated officer".
      In Schedule 7 (registration for gaming by means of machines), in—
(a)  paragraphs 3(1) and 4(1),
(b)  paragraph 11(1) (in both places),
(c)  paragraph 11(2),
(d)  paragraphs 13(1) and 14,
(e)  paragraph 20(1) (in both places), and
(f)  paragraphs 24 and 25(1) and (2),
  for "chief executive to" substitute "designated officer for"."
195Page 83, line 28, at end insert—
      "In section 23AA (electronic monitoring of conditions of remand), in each of subsections (4)(a) and (9), for "petty sessions area" substitute "local justice area"."
196Page 83, line 35, at end insert—
 

"Administration of Justice Act 1970 (c. 31)

      In section 41(5) (enforcement of orders for payment of costs and compensation made before the appointed day), for "the magistrates' court for the petty sessions area" substitute "a magistrates' court acting in the local justice area"."
197Page 84, line 5, at end insert—
      "In section 52(3) (award of costs where information or complaint is not proceeded with)—
(a)  in paragraph (b), for "acting for any area" substitute "acting in any local justice area", and
(b)  for "for that area" substitute "acting in that area"."
198Page 84, line 20, at end insert—
      "In section 25(1) (interpretation), omit the definition of "rules of court" and "and" before it."
199Page 84, line 23, at end insert—
 

"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".

 
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©Parliamentary copyright 2003
9 May 2003