House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Courts Bill [HL]


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

    94

 

  73      (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—

5

              “(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.”

10

  74      (1)      Amend section 46 (assignment of certain matters to youth courts) as follows.

          (2)      In subsection (1), for “court of summary jurisdiction” (in each place)

substitute “magistrates’ court”.

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

officer for”.

15

  75       In section 48(3) (remand of child or young person by youth court), for “for

the same petty sessions area or place” substitute “in the same local justice

area”.

  76       Omit section 101 (application of Summary Jurisdiction Acts).

  77       In section 102(1) (appeals to Crown Court), for “court of summary

20

jurisdiction” substitute “magistrates’ court”.

Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13)

  78      (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”.

25

          (2)               Sub-paragraph (1) extends only to England and Wales.

Public Offices (Site) Act 1947 (c. 45)

  79                Omit section 7 (correction of errors in deposited plan and book of reference).

The National Assistance Act 1948 (c. 29)

  80                         In section 43(4) (interpretation of section 43), for the words from “a court”

30

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.”

35

  81      (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”.

 

 

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

    95

 

          (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

5

where the premises are situated.”

  82                         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)

  83                For section 37(4) (recommittal following appeal etc.) substitute—

10

              “(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.”

Prevention of Damage by Pests Act 1949 (c. 55)

15

  84      (1)      Amend section 15 (appeal against directions) as follows.

          (2)      In subsection (1), omit “for the petty sessions area or place in which the

works are required to be carried out or, as the case may be, in which the food

or container is for the time being situated”.

          (3)      In subsection (5), for “from “to a court” to the end of the subsection”

20

substitute ““to a court of summary jurisdiction””.

Marriage Act 1949 (c. 76)

  85       In section 3(5) (meaning of “the court”), for “appointed for the commission

area” substitute “acting in the local justice area”.

National Parks and Access to the Countryside Act 1949 (c. 97)

25

  86       In section 68(3) (complaint to court about access requirement), omit “for the

petty sessions area or place within which the land to which the notice relates

is situated”.

Maintenance Orders Act 1950 (c. 37)

  87                In section 17(1)(a) (registration of maintenance orders in England), for “for

30

the same place” substitute “acting in the same local justice area”.

  88      (1)      Amend section 18 (enforcement of registered orders) as follows.

          (2)      In subsection (2ZA), in the subsection to be regarded as substituted for

section 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’

35

court”.

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

officer”.

  89      (1)      Amend section 22 (discharge and variation of registered orders) as follows.

 

 

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

    96

 

          (2)      In subsection (1B), 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”.

          (3)      In subsection (1E)—

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

5

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

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

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

10

substitute “designated officer for the court””.

  90       In section 24(5A)(b) (cessation of order requiring payment), for “a justices’

chief executive” substitute “the designated officer for a magistrates’ court in

England and Wales”.

  91      (1)               Amend section 25 (rules as to procedure of magistrates’ courts) as follows.

15

          (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”.

20

          (4)                        Sub-paragraph (3) does not extend to Northern Ireland.

  92      (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”.

25

          (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,”.

30

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

  93      (1)      In Schedule 2 (paying authorities under Part 5), omit Part 2.

          (2)      Nothing in sub-paragraph (1) is to be read as amending Schedule 2 as it

extends to Northern Ireland.

Prison Act 1952 (c. 52)

35

  94      (1)      Amend section 19 (right of justice to visit prison) as follows.

          (2)      In subsection (1), for “for any commission area” substitute “assigned to any

local justice area”.

          (3)      In subsection (2), omit “or to visit any prisoner under sentence of death”.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

40

  95       In—

 

 

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

    97

 

              (a)             section 189(3A)(a) (fee for certificate on delivery into military

custody of person dealt with by court of summary jurisdiction as

illegally absent), and

              (b)             section 199(4)(a) (certificate as proof of outcome of civil trial),

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

5

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

  96       In—

              (a)             section 189(3A)(a) (fee for certificate on delivery into air force

custody of person dealt with by court of summary jurisdiction as

illegally absent), and

10

              (b)             section 199(4)(a) (certificate as proof of outcome of civil trial),

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

Naval Discipline Act 1957 (c. 53)

  97       In—

              (a)             section 110(2A)(a) (fee for certificate on delivery into naval custody

15

of person dealt with by court of summary jurisdiction as illegally

absent), and

              (b)             section 129B(4)(a) (certificate as proof of outcome of civil trial),

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

Maintenance Orders Act 1958 (c. 39)

20

  98      (1)      Amend section 2 (registration of orders) as follows.

          (2)      In subsection (2)(b), for “justices’ chief executive for the magistrates’ court

acting for the petty sessions area” substitute “designated officer for the

magistrates’ court acting in the local justice area”.

          (3)      In subsection (5), for “of, or justices’ chief executive for,” substitute “of, or

25

for,”.

          (4)      In subsection (6), for “a justices’ chief executive” (in both places) substitute

“the designated officer for a magistrates’ court”.

          (5)      In subsection (6ZA), for “a justices’ chief executive” substitute “the

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

30

          (6)      In subsection (6ZC), for “a justices’ chief executive” substitute “the

designated officer for a magistrates’ court”.

  99       In section 3(3A) (requirement of person liable under order to notify change

of address), for “justices’ chief executive for” substitute “designated officer

for”.

35

  100      In section 4(5B) (variation of orders registered in magistrates’ courts)—

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

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”,

40

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

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

substitute “designated officer for the court””, and

 

 

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

    98

 

              (c)             in paragraph (e), in the subsection (9) to be regarded as substituted

for sections 60(9) and (10) 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”.

  101     (1)      Amend section 5 (cancellation of registration) as follows.

5

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

“the designated officer for a magistrates’ court”.

          (3)      In subsection (6)(b), for “justices’ chief executive for” substitute “designated

officer for”.

  102     (1)                        Amend section 18 (powers of magistrates to renew commitals) as follows.

10

          (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”.

  103      In section 20(1) (registration of order at request of person entitled to receive

15

payments)—

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

officer for a magistrates’ court who”, and

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

is”.

20

  104               In section 21(1) (interpretation), omit the definition of “rules of court”.

Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)

  105     (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”.

25

          (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

30

highway or part of a highway is situated.”

Obscene Publications Act 1959 (c. 66)

  106     (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”.

35

          (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”;

40

              (b)             for “for that petty sessions area” substitute “acting in that local justice

area”.

 

 

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

    99

 

Road Traffic Act 1960 (c. 16)

  107               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”.

Caravan Sites and Control of Development Act 1960 (c. 62)

5

  108      In section 7(1) (appeal to magistrates’ court against conditions attached to

site licence), omit “acting for the petty sessions area in which the land is

situated”.

  109      In section 8(2) (appeal to magistrates’ court against alteration to site licence

conditions), omit “acting for the petty sessions area in which the land to

10

which the site licence relates is situated”.

  110      In section 32(1)(c) (application to Scotland), omit “acting for the petty

sessions area in which the land is situated”.

Administration of Justice Act 1960 (c. 65)

  111               In section 2(3) (power to extend time for applying for leave to appeal to

15

House of Lords), omit “Except in a case involving sentence of death,”.

  112               Omit section 3 (special provision as to capital cases).

Betting, Gaming and Lotteries Act 1963 (c. 2)

  113      In section 10A(5) (notification of cancellation of betting office licence), in

paragraph (a) of the definition of “the proper officer of the court”, for

20

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

  114      In section 11 (notification of cancellation of bookmaker’s or betting agency

permit)—

              (a)             renumber the subsection inserted by paragraph 34(3) of Schedule 13

to the Access to Justice Act 1999 (c. 22) as subsection (5A), and

25

              (b)             in that subsection, in paragraph (a) of the definition of “the proper

officer of the court”, for “justices’ chief executive” substitute

“designated officer”.

  115     (1)                        Amend Schedule 1 (bookmaker’s permits, betting agency permits and

betting office licences) as follows.

30

          (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”

35

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

40

a local justice area, is a justices’ clerk designated by the Lord Chancellor in

relation to the committee”.

 

 

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

    100

 

Offices, Shops and Railway Premises Act 1963 (c. 41)

  116      In section 46(11) (appeals relating to exemptions from Act), omit “acting for

the petty sessions area in which they are situate”.

Administration of Justice Act 1964 (c. 42)

  117      For section 19(4)(a) (application of Sheriffs Act 1887 (c. 55) to Greater

5

London) substitute—

                    “(a)                      in sections 7(1), 17, 23(3) and 26(1) any reference to a county

shall be construed as a reference to Greater London;”.

  118               In section 26 (Inner and Middle Temples), omit “commissions of the peace,”.

Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)

10

  119               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”.

  120               In section 4(1) (issue of provisional warrant), in paragraph (c), after “within

15

the area” insert “in or”.

  121               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”.

  122               In section 8(1) (rules of court), for paragraph (a) substitute—

20

                    “(a)                      in England and Wales, Criminal Procedure Rules;”.

  123     (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—

25

                      (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)

  124               Omit section 1(5) (jurisdiction of justices of the peace).

30

Public Works Loans Act 1965 (c. 63)

  125      In section 2(1)(a) (loan to relevant authority)—

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

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

Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)

35

  126                        In each of the following provisions, for “Crown Court rules”, in each place it

occurs, substitute “Criminal Procedure Rules”—

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 14 May 2003