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

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"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".
       

      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—

 
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8 May 2003