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

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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—
         

        "Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

              Omit—
        (a)  section 48 (appeal in capital cases), and
        (b)  Schedule 3 (procedural and other modifications for capital cases)."
        234Page 93, line 34, leave out paragraph 137 and insert—
        "(1)      Amend section 47 (power of magistrates' court to declare that an unnecessary highway is not maintainable at public expense) as follows.
        (2)      In subsection (5), for "acting for the petty sessions for" substitute "assigned to the local justice area in".
        (3)      In subsection (6), for "chief executive to" substitute "designated officer for".
            (1)   Amend section 116 (power of magistrates' court to authorise stopping up or diversion of highway) as follows.
        (2)      In subsection (8)(b), for "for the same petty sessions" substitute "in the same local justice".
        (3)      In subsection (9), for "the clerk of the court" substitute "a justices' clerk"."
        235Page 93, line 38, leave out "18(1)(a)" and insert "18(1)"
        236Page 94, line 11, leave out "", 31ZA"" and insert "", 31B, 31C""
        237Page 94, line 26, at end insert—

     
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    9 May 2003