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"(1) Amend section 18 (provision that may be made by magistrates' courts rules) as follows.

12 May 2003 : Column 94


(2) In subsection (1)—
(a) for the words preceding paragraph (a) substitute "Rules of court may make provision with respect to—";
(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".
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
(c) "as the case may be,"."
Page 86, line 19, at end insert—

"Civil Evidence Act 1972 (c. 30)

Omit section 2(8) (power to make rules of court under section 2 is without prejudice to other such powers)."
Page 86, line 24, at end insert—

"Administration of Justice Act 1973 (c. 15)

In section 5 (consequential) omit "Paragraph 7 of".
In Schedule 1 (justices of the peace: consequential re-enactments and amendments), omit paragraphs 7 to 7B and 10(1)."
Page 86, line 25, at end insert—


"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 authorised by the Lord Chancellor to act for, a local justice area in which at least one of the parties is resident"."
Page 86, line 37, at end insert—


"In—
(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".
In section 14 (views by jurors), for "Crown Court rules, and rules of court for civil cases," substitute "Criminal Procedure Rules and Civil Procedure Rules"."
Page 86, line 39, at end insert—

"Friendly Societies Act 1974 (c. 46)

For section 102 (jurisdiction of magistrates' courts) substitute—
"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.
(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.""
Page 87, line 12, at end insert—

"Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 34)

In section 7 (rules of court)—
(a) for the words from "The power" to "1981 or" substitute "Civil Procedure Rules or rules of court under", and
(b) for "shall include power to make rules of court under" substitute "may make provision"."

12 May 2003 : Column 95


Page 87, line 20, leave out paragraph 89 and insert—


"In section 2 (definitions), omit the definitions of "Crown Court rules", "magistrates' courts rules" and "Supreme Court rules".
In section 3AA (electronic monitoring of compliance with bail conditions), in each of subsections (4)(a) and 12, for "petty sessions area" substitute "local justice area".
In section 5(10) (meaning of "prescribed" in section 5), for "Supreme Court rules, Courts-Martial Appeal rules, Crown Court rules or magistrates' courts rules" substitute "Civil Procedure Rules, Courts-Martial Appeal rules or Criminal Procedure Rules".
(1) Amend section 5B (reconsideration of decisions granting bail) as follows.
(2) In subsection (8), omit "for the petty sessions area in which he was arrested".
(3) In subsection (9), for "Magistrates' court rules" substitute "Criminal Procedure Rules"."
Page 87, line 27, leave out paragraph 92 and insert—


"(1) Amend section 8 (bail with sureties) as follows.
(2) In subsection (4)—
(a) in paragraph (a), for "magistrates' courts rules" substitute "Criminal Procedure Rules",
(b) in paragraph (b), for "Crown Court rules" substitute "Criminal Procedure Rules",
(c) in paragraph (c), for "Supreme Court rules" substitute "Civil Procedure Rules or Criminal Procedure Rules", and
(d) for "Supreme Court rules, Crown Court rules, Courts-Martial Appeal rules or magistrates' courts rules" substitute "Civil Procedure Rules, Criminal Procedure Rules or Courts-Martial Appeal rules".
(3) In subsection (5)(b), omit "for the petty sessions area in which he resides"."
Page 87, line 35, at end insert—

"Administration of Justice Act 1977 (c. 38)

Omit section 22 (membership of rule committees)."
Page 88, line 20, leave out "1959" and insert "1984"


    Page 88, line 23, at end insert—


"In section 48(1) (power to make rules as to furnishing of information by prosecutor in criminal proceedings), for the words from "The power" to "include power to" substitute "Criminal Procedure Rules may"."
Page 88, line 24, at end insert—


"In section 6(9) (restrictions on power to make order where respondent not present at hearing), for "rules" substitute "rules of court"."
Page 88, line 32, at end insert—


"( ) In subsection (10), for "the clerk to the justices" substitute "a justices' clerk"."
Page 88, line 35, leave out paragraph 97 and insert—


"In section 30(1) (jurisdiction to hear application for order under Part 1 of the Act)—
(a) for "a magistrates' courts committee" substitute "the Lord Chancellor", and
(b) for the words from "at the" onwards substitute "it acts in, or is authorised by the Lord Chancellor to act for, a local justice area in which either the applicant or the respondent ordinarily resides at the date of the making of the application".
(1) Amend section 32 (enforcement of orders for payment of money) as follows.
(2) In subsection (2), for "a justices' chief executive" substitute "the designated officer for a magistrates' court".
(3) In subsection (6), for "rules" substitute "rules of court"."

12 May 2003 : Column 96


Page 89, line 4, leave out paragraph 99 and insert—


"(1) Amend section 88 (interpretation) as follows.
(2) In subsection (1), omit the definition of "rules".
(3) In subsection (4), for "for the same petty sessions" substitute "in the same local justice".

Judicature (Northern Ireland) Act 1978 (c. 23)

(1) Amend Schedule 1 (appeals to House of Lords in certain criminal matters) as follows.
(2) In paragraph 1(2), omit "Except in a case involving sentence of death,".
(3) Omit paragraph 2.
Protection of Children Act 1978 (c. 37)

(1) Amend section 4 (entry, search and seizure) as follows.
(2) In subsection (1), omit "in the petty sessions area for which he acts".
(3) In subsection (3), for "for the same petty sessions area as the justice who issued the warrant" substitute "in the local justice area in which the articles were seized".
In section 5(1) (forfeiture of seized articles), for "for that petty sessions area" substitute "acting in that local justice area".
Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

In section 4 (supplemental), in subsection (4)(a), for "justices' chief executive" substitute "designated officer"."
Page 89, line 26, at end insert—


"In section 43(2) (enforcement of recognizance of a surety for person granted bail), for "for the petty sessions" substitute "acting in the local justice".
In section 47 (service of summons out of time after failure to prove service by post) for "the rules" (in the first place where it occurs) substitute "rules of court"."
Page 90, line 34, leave out from beginning to end of line 38 and insert—


"(1) Amend section 59B(5) (interpretation of provisions relating to penalty for failing to comply with maintenance order) as follows.
(2) For the definition of "the relevant court" substitute—
""the relevant court", in relation to an order, means—
(a) in a case where payments under the order are required to be made to or through the designated officer for a magistrates' court, that magistrates' court;
(b) in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was made by a magistrates' court, that magistrates' court; and
(c) in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was not made by a magistrates' court, the magistrates' court in which the order is registered;".
(3) In the definition of "relevant justice" for "for the petty sessions area for" substitute "acting in the local justice area in".
(1) Amend section 60 (revocation, variation, etc. of orders for periodical payment) as follows.
(2) In subsection (4), omit "the clerk of".

12 May 2003 : Column 97


(3) In subsection (5)—
(a) for "the clerk" substitute "a justices' clerk", and
(b) for "to the justices' chief executive for the court" substitute "to the designated officer for the court".
(4) In subsection (10), for "the clerk of the court" substitute "a justices' clerk".
(1) In section 61(1) (periodical payments payable by one person under more than one order) for "The power to make rules conferred by section 144 below shall, without prejudice to the generality of subsection (1) of that section, include power to" substitute "Rules of court may".
(2) In paragraph (b) of section 61(1)—"
Page 90, line 44, at end insert—


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