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

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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—
     

    "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—

 
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8 May 2003