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Courts Bill [HL]


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

    87

 

Lands Clauses Consolidation Act 1845 (c. 18)

  19      (1)      In section 3 (interpretation), omit the words from “The word “justices”” to

“acting together”.

          (2)                        This paragraph extends only to England and Wales.

Railway Clauses Consolidation Act 1845 (c. 20)

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  20                In section 3 (interpretation), omit the words from “The word “justice”” to

“acting together:”.

  21                In section 11 (limiting deviation from datum line described on sections,

etc.)—

              (a)             for “in petty sessions assembled for that purpose, and acting for the

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district” substitute “acting in the local justice area”, and

              (b)             for the words from “every petty sessions” to “holding of such petty

sessions” substitute “every hearing before two or more justices to be

held for the purpose of obtaining their consent as mentioned above

shall, at least 14 days before the hearing”.

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  22                In section 46 (crossings of roads—level crossings), omit “in petty sessions”.

  23       In section 59 (proceedings on application to justices to consent to level

crossings over highways other than public carriage roads)—

              (a)             for “fourteen days at least previous to the holding of the petty

sessions at which such application is intended to be made” substitute

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“at least 14 days before the application is intended to be made”,

              (b)             for “acting for the district” substitute “acting in the local justice area”,

and

              (c)             omit “, and assembled in petty sessions,”.

  24                Paragraphs 20 to 23 extend only to England and Wales.

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Geological Survey Act 1845 (c. 63)

  25                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”.

  26                In section 6 (interpretation), for “the word “justices” shall include all persons

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acting in the commission of the peace and” substitute “the words

“magistrates’ court” shall include”.

Markets and Fairs Clauses Act 1847 (c. 14)

  27      (1)      In section 3 (interpretation), omit the words from “The word “justice”” to

“acting together:”.

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          (2)               This paragraph does not extend to Northern Ireland.

Harbours, Docks and Piers Clauses Act 1847 (c. 27)

  28      (1)               In section 3 (interpretation), omit the words from “The word “justice”” to

“acting together:”.

          (2)                        This paragraph does not extend to Northern Ireland.

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

    88

 

Towns Improvement Clauses Act 1847 (c. 34)

  29      (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)

5

  30      (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)

  31      (1)               In section 3 (interpretation), omit the words from “The word “justice”” to

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“acting together:”.

          (2)               This paragraph does not extend to Northern Ireland.

Hares Act 1848 (c. 29)

  32       In section 2 (registration of authorisation)—

              (a)             for “clerk of the magistrates acting for the petty sessions area”

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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)

  33                In section 13 (English warrants may be backed in the Isles of Man, Guernsey,

Jersey, Alderney or Sark, and vice versa)—

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              (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”,

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              (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

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              (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”.

Evidence Act 1851 (c. 99)

  34       In section 13(2)(a) (proof of conviction of defendant by copy of certified

35

record), for “justices’ chief executive” substitute “designated officer”.

 

 

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

    89

 

Inclosure Act 1859 (c. 43)

  35                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”.

  36                In section 6 (justices’ warrant for distress), for “of such county or riding, or

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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)

  37                         In section 2 (offence of making a disturbance in churches, chapels,

churchyards etc.)—

10

              (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

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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”.

  38       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

20

shall have been so committed,” substitute “magistrates’ court”.

  39                Paragraphs 37 and 38 do not extend to Northern Ireland.

Defence Act 1860 (c. 112)

  40      (1)                        In section 47 (interpretation), omit the words from “The word “justices”” to

“acting together:”.

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          (2)                        This paragraph extends only to England and Wales.

Offences Against the Person Act 1861 (c. 100)

  41                In section 44 (if magistrates dismiss case of assault or battery, they must

make out certificate to that effect), omit “under their hands”.

  42                In section 65 (justices may issue search warrants for explosive substances)—

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              (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”.

  43       Paragraphs 41 and 42 do not extend to Northern Ireland.

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Poaching Prevention Act 1862 (c. 114)

  44      (1)                        In section 1 (interpretation), omit from “; and the words “justice” and

“justices”” onwards.

          (2)                        This paragraph does not extend to Northern Ireland.

 

 

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

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  45                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”.

5

  46                In section 3 (recovery of penalties), omit “in England in the same manner as

penalties under the Game Act 1831 and”.

Criminal Procedure Act 1865 (c. 18)

  47       In section 6(2)(a) (proof of conviction of witness by signed certificate), for

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

10

Dockyard Ports Regulation Act 1865 (c. 125)

  48      (1)                        In section 2 (interpretation), omit the words from “The term “justice”” to

“arises:”.

          (2)               This paragraph does not extend to Northern Ireland.

  49                In section 22 (jurisdiction of justice of the peace), for “Where any district”

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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

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                    (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)

  50                         In Schedule 2 (which sets out enactments continued in force under section

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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

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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

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than” substitute “be liable on summary conviction to a fine not

exceeding”.

Promissory Oaths Act 1871 (c. 48)

  51                In section 2 (persons before whom oaths to be taken), for the paragraph

beginning “In England” substitute—

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           “In England and Wales—

 

 

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

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                    (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.”

Prevention of Crimes Act 1871 (c. 112)

  52       In paragraph (a) of the last sentence of section 18 (proof of conviction by

5

certificate or copy of conviction), for “justices’ chief executive” substitute

“designated officer”.

Fairs Act 1873 (c. 37)

  53                The amendments of section 6 (alteration of fair day on representation of local

authority) made by—

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              (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.

Commons Act 1876 (c. 56)

15

  54       In section 20 (prohibition of gravel digging on certain commons without

authority of justices), for “in petty sessions assembled, and acting in and for

the petty sessions area in which such common is situate,” substitute “of the

peace”.

Municipal Corporations Act 1882 (c. 50)

20

  55       In section 153(3) (issue of warrant following failure by borough to pay sum

due to county), omit “for a commission area consisting of or including the

whole or part of the county”.

Explosive Substances Act 1883 (c. 3)

  56      (1)                        In section 6(1) (inquiry into offences)—

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              (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”.

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          (2)                        This paragraph does not extend to Northern Ireland.

  57                In section 9(2) (application of Act to Scotland), for ““petty sessional court

house”” substitute ““magistrates’ court””.

Sheriffs Act 1887 (c. 55)

  58       In section 7(1) (declaration of office), for the words from “effect before”

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onwards substitute “effect—

                    (a)                      before one of the judges of Her Majesty’s High Court; or

                    (b)                      in the county of which he is sheriff before a justice of the

peace.”

 

 

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

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  59       In section 17 (disqualification from acting as justice of the peace), for “peace

for” substitute “peace in any local justice area consisting of or including the

whole or a part of”.

  60       In section 23(3) (declaration of office by under-sheriff), for the words from

“effect before” onwards substitute “effect—

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                    (a)                      before one of the judges of Her Majesty’s High Court; or

                    (b)                      in the county for which such under-sheriff is appointed

before a justice of the peace.”

  61      (1)      Amend section 26 (declaration by bailiffs, etc.) as follows.

          (2)      Re-number the existing provision subsection (1).

10

          (3)      In that subsection, for the words from “effect before” onwards substitute

“effect—

                    (a)                      before any judge of the High Court; or

                    (b)                      in the county in which he exercises his authority before a

justice of the peace.”

15

          (4)      After that subsection insert—

              “(2)                Subsection (1) does not apply to any enforcement officer or any

person acting under the authority of an enforcement officer.”

  62       In section 29 (punishment for misconduct), after subsection (2) insert—

              “(2A)                Subsection (2) does not apply to any enforcement officer or any

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person acting under the authority of an enforcement officer.”

  63       In section 38 (definitions), after the definition of “county” insert—

                    ““enforcement officer” means an individual who is authorised to act as

an enforcement officer under the Courts Act 2003;”,

           and omit from “Any reference” to the end of the section.

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Local Government Act 1888 (c. 41)

  64       In section 28(2) (power of county council to delegate to justices functions

relating to contagious diseases of animals), for “for a commission” substitute

“acting in a local justice”.

Behring Sea Award Act 1894 (c. 2)

30

  65                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—

       “521            Jurisdiction over ships lying off the coasts

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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

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                           (ii)                         is in or near any bay, channel, lake, river or other

navigable water on which any part of England and

 

 

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

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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.”

5

Public Health Acts Amendment Act 1907 (c. 53)

  66       In section 94(7) (licensing of pleasure boats: appeals to magistrates’ court),

for “justices’ chief executive for the court” substitute “designated officer for

the court”.

Indictments Act 1915 (c. 90)

10

  67                In section 2(2) (powers of rule committee), for the words preceding “shall

have power” substitute “The Criminal Procedure Rule Committee”.

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

  68       In section 3(4) (return of order to original court for further evidence to be

taken), omit “appointed for the same commission area”.

15

  69      (1)      Amend section 4 (power of court of summary jurisdiction to confirm

maintenance orders made in certain Commonwealth countries) as follows.

          (2)      In subsection (5B), for “a justices’ chief executive” (in both places) substitute

“the designated officer for the court or for any other magistrates’ court”.

          (3)      In subsection (6A)—

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

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

executive” substitute “the designated officer for the court or for any

other magistrates’ court”, and

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

25

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

substitute “designated officer for the court””.

          (4)      Nothing in this paragraph is to be read as amending section 4 as modified in

relation to Northern Ireland by section 11.

  70      (1)                        In section 7(2) (power to make rules about proceedings under the Act), for

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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)

  71                In section 33(4) (rules about service of documents on a corporation), omit “,

35

except in so far as such provision may be made by rules under section 144 of

the Magistrates’ Courts Act 1980”.

Children and Young Persons Act 1933 (c. 12)

  72       In section 7(2) (offence of selling tobacco to persons under 16: complaint to

court of summary jurisdiction), for “court of summary jurisdiction”

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substitute “magistrates’ court”.

 

 

 
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