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Courts Bill [HL]


Courts Bill [HL]
Schedule 7 — Minor and consequential amendments

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              (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

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              (d)             section 2E(3) and (4) (application to make section 2D summons

ineffective).

National Loans Act 1968 (c. 18)

  127      In Schedule 4 (local loans), in paragraph 1, in paragraph (a) of the definition

of “local authority”—

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              (a)             in sub-paragraph (iii), after “applies;” insert “and”, and

              (b)             omit sub-paragraph (v) and “and” before it.

Criminal Appeal Act 1968 (c. 19)

  128      In section 45 (construction of references to single judge), for “31, 31A”

substitute “31 to 31C”.

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  129      Omit section 48 (appeal in capital cases).

  130      Omit Schedule 4 (procedural and other modifications for capital cases).

Courts-Martial (Appeals) Act 1968 (c. 20)

  131      Omit—

              (a)             section 55 (modification of provisions of Parts 2 and 3 for capital

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cases), and

              (b)             Schedule 2 (procedural and other modifications for capital cases).

Gaming Act 1968 (c. 65)

  132     (1)               Amend Schedule 2 (court order cancelling licence) as follows.

          (2)               In paragraph 1(1)(a), for “petty sessions” substitute “local justice”.

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          (3)                        In paragraph 2(1), for “petty sessions” substitute “local justice”.

          (4)                        In paragraph 48(5), for “justices’ chief executive” substitute “designated

officer”.

  133     (1)                        Amend Schedule 3 (registration of members’ clubs in England and Wales)

as follows.

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          (2)               In—

              (a)             paragraph 12(1) (in both places),

              (b)             paragraph 13(1),

              (c)             paragraph 15(1) (in both places),

              (d)             paragraph 16(1),

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              (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”.

 

 

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments

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          (3)                        In paragraph 17(4), for “justices’ chief executive” substitute “designated

officer”.

  134               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),

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              (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”.

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Children and Young Persons Act 1969 (c. 54)

  135               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”.

  136      In section 23A(2)(a) (court appearance of person arrested for breaking

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remand conditions), omit “for the petty sessions area in which he was

arrested”.

Taxes Management Act 1970 (c. 9)

  137      In section 4(7) (power to appoint officers and staff for carrying out the

administrative work of the Special Commissioners), for “section 27 of the

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Courts Act 1971” substitute “section 2(1) of the Courts Act 2003”.

Administration of Justice Act 1970 (c. 31)

  138               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

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justice area”.

Courts Act 1971 (c. 23)

  139      Omit—

              (a)             section 27 (administrative and other court staff),

              (b)             section 28 (provision of accommodation), and

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              (c)             Schedule 3 (premises formerly used for business of abolished courts).

  140               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

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              (b)             for “for that area” substitute “acting in that area”.

Attachment of Earnings Act 1971 (c. 32)

  141      In section 3(1)(c) (persons who may apply for an attachment of earnings

order), for “a justices’ chief executive, that justices’ chief executive”

substitute “the designated officer for a magistrates’ court, that officer”.

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Courts Bill [HL]
Schedule 7 — Minor and consequential amendments

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  142      In section 6(7)(c) (collecting officer in case of order made by magistrates’

court), for “justices’ chief executive for that court or for” substitute

“designated officer for that court or for”.

  143     (1)      Amend section 18 (collecting officer in case of order made by magistrates’

court not to apply for certain orders etc.) as follows.

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          (2)      In subsection (1), for “A justices’ chief executive” substitute “A designated

officer for a magistrates’ court”.

          (3)      In subsections (2) and (3), for “a justices’ chief executive” substitute “the

designated officer for a magistrates’ court”.

  144      In section 21(2)(a)(ii) (costs to be sum due), for “justices’ chief executive for

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the” substitute “designated officer for the magistrates’”.

  145               In section 25(1) (interpretation), omit the definition of “rules of court” and

“and” before it.

Fire Precautions Act 1971 (c. 40)

  146      In section 43(1) (interpretation), in the definition of “the court”, omit “acting

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for the petty sessions area in which they are situated”.

Immigration Act 1971 (c. 77)

  147                        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—

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                           “(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;”.

  148     (1)      Amend section 28K (execution of search warrants issued to immigration

officers) as follows.

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          (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

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officer”.

  149     (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”.

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          (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 38 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

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and Wales, a justice of the peace, in Northern Ireland,”.

  150     (1)      Amend Schedule 3 (supplementary provisions about deportation) as

follows.

 

 

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments

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          (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)—

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              (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”.

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Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

  151      In section 7(5B) (power of magistrates’ court on confirming provisional

order made in reciprocating country), for “a justices’ chief executive” (in

both places) substitute “the designated officer for the court or for any other

magistrates’ court in England and Wales”.

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  152     (1)      Amend section 8 (enforcement of maintenance order registered in United

Kingdom court) as follows.

          (2)      In subsection (3A), for “justices’ chief executive” substitute “designated

officer”.

          (3)      In subsection (4A), in the subsection to be regarded as substituted for section

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76(5) of the 1980 Act, for “a justices’ chief executive” (in both places)

substitute “the designated officer for the court or for any other magistrates’

court”.

  153      In section 9(1ZA) (variation and revocation of maintenance order registered

in UK court)—

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              (a)             in paragraph (a), in the subsection (3A) to be regarded as inserted in

section 60 of the 1980 Act, for “a justices’ chief executive” (in both

places) substitute “the designated officer for the court or for any

other magistrates’ court”,

              (b)             in paragraph (b), in the paragraph to be regarded as substituted for

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section 60(4)(b) of the 1980 Act, for “a justices’ chief executive”

substitute “the designated officer for the court or for any other

magistrates’ court”, and

              (c)             in paragraph (c), in the words to be regarded as replaced in section

60(5) of the 1980 Act, for “justices’ chief executive for the court””

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substitute “designated officer for the court””.

  154      In section 17(4) (proceedings in magistrates’ courts)—

              (a)             for “for the same petty sessions area” substitute “in the same local

justice area”, and

              (b)             after “Northern Ireland,” insert “acting for the same”.

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  155     (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—”;

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Courts Bill [HL]
Schedule 7 — Minor and consequential amendments

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              (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”.

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  156               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

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              (c)             “as the case may be,”.

  157      In section 23(6) (maintenance orders registered in High Court under

Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)), for

“justices’ chief executive” substitute “designated officer”.

  158      In section 26(6) (application for recovery of maintenance in convention

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country)—

              (a)             in paragraph (a), for “justices’ chief executive for the petty sessions

area” substitute “designated officer for the local justice area in which

the applicant is residing”, and

              (b)             in paragraph (b), after “district” insert “in which the applicant is

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residing”.

  159     (1)      Amend section 27B (sending application to appropriate magistrates’ court)

as follows.

          (2)      In subsection (1), for “justices’ chief executive for a magistrates’ court acting

for the petty sessions” substitute “designated officer for a magistrates’ court

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which is acting in the local justice”.

          (3)      In subsection (2), for “justices’ chief executive for” substitute “designated

officer for”.

          (4)      For subsection (4) substitute—

              “(4)                If the designated officer for a court to whom the application is sent

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under this section is satisfied that the respondent is residing within

another local justice area, he shall send the application and

accompanying documents to the designated officer for a magistrates’

court acting in that other area and shall inform the Lord Chancellor

that he has done so.”

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          (5)      In subsection (5), for “justices’ chief executive for” substitute “designated

officer for”.

  160     (1)      Amend section 27C (application for recovery of maintenance in England and

Wales) as follows.

          (2)      In subsection (4), for “a justices’ chief executive” (in both places) substitute

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“the designated officer for the court or for any other magistrates’ court in

England and Wales”.

          (3)      In subsection (7), for “justices’ chief executive for” substitute “designated

officer for”.

  161      In section 32(2A) (transfer of orders), for “justices’ chief executive” substitute

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“designated officer”.

 

 

Courts Bill [HL]
Schedule 7 — Minor and consequential amendments

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  162      In section 34(3)(a) (application from abroad to vary registered order), for

“justices’ chief executive” substitute “designated officer”.

  163     (1)      Amend section 34A (variation of orders by magistrates’ courts) as follows.

          (2)      In subsection (3), for “a justices’ chief executive” (in both places) substitute

“the designated officer for the court or for any other magistrates’ court in

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England and Wales”.

          (3)      In subsection (4)—

              (a)             for “a justices’ chief executive” substitute “the designated officer for

the court or for any other magistrates’ court in England and Wales”,

and

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              (b)             omit “the clerk of”.

          (4)      In subsection (5), for “the clerk” substitute “a justices’ clerk”.

  164      In section 47(3) (construction of references to the jurisdiction of a court), for

the words from “construed in relation” onwards substitute “construed—

                    (a)                      in relation to a magistrates’ court in England and Wales as a

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reference to the local justice area in which the court acts, and

                    (b)                      in relation to a magistrates’ court in Northern Ireland as a

reference to the petty sessions district for which the court

acts.”

Civil Evidence Act 1972 (c. 30)

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  165               Omit section 2(8) (power to make rules of court under section 2 is without

prejudice to other such powers).

Criminal Justice Act 1972 (c. 71)

  166      In section 51(4) (execution of process between England and Wales and

Scotland), for “by virtue of section 45(1) of the Justices of the Peace Act 1997,

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as it has” substitute “by virtue of section 28(1) of the Courts Act 2003, as it

has”.

Administration of Justice Act 1973 (c. 15)

  167               In section 5 (consequential) omit “Paragraph 7 of”.

  168               In Schedule 1 (justices of the peace: consequential re-enactments and

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amendments), omit paragraphs 7 to 7B and 10(1).

Matrimonial Causes Act 1973 (c. 18)

  169               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

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authorised by the Lord Chancellor to act for, a local justice area in which at

least one of the parties is resident”.

  170     (1)      Amend section 38 (orders for repayment of sums paid after cessation of

periodical payments order by reason of remarriage) as follows.

          (2)      In subsection (6)—

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Courts Bill [HL]
Schedule 7 — Minor and consequential amendments

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              (a)             for “A justices’ chief executive” substitute “The designated officer for

a magistrates’ court”, and

              (b)             for “the justices’ chief executive” substitute “the designated officer”.

          (3)      In subsection (7), for “a justices’ chief executive” substitute “the designated

officer for a magistrates’ court”.

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Breeding of Dogs Act 1973 (c. 60)

  171      In section 3(9) (application to terminate disqualification), for “for the same

petty sessions” substitute “in the same local justice”.

Juries Act 1974 (c. 23)

  172                        In—

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              (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”.

  173               In section 14 (views by jurors), for “Crown Court rules, and rules of court for

civil cases,” substitute “Criminal Procedure Rules and Civil Procedure

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Rules”.

  174      In Schedule 1 (jury service: ineligibility, disqualification and excusal), in

Group B, omit “Justices’ chief executives,”.

Friendly Societies Act 1974 (c. 46)

  175               For section 102 (jurisdiction of magistrates’ courts) substitute—

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       “102            Jurisdiction 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.

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              (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.”

Solicitors Act 1974 (c. 47)

  176     (1)      Amend section 38 (circumstances in which solicitor who is justice of the

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peace may not act as solicitor) as follows.

          (2)      In subsection (1), for “for any area, or for any partner of his, to act in

connection with proceedings before any of those justices” substitute

“assigned to any local justice area, or for any partner of his, to act in

connection with proceedings before any justice of the peace acting in that

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area”.

          (3)      Omit subsections (2) and (3).

          (4)      In subsection (3A)—

              (a)             for “for any petty sessions” substitute “in any local justice”, and

              (b)             for “acting for” substitute “acting in”.

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