Access to Justice Act 1999

The Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

94

The Magistrates' Courts Act 1980 (c. 43)

95

The Magistrates’ Courts Act 1980 has effect subject to the following amendments.

96

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97

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98

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99

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100

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101

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102

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103

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104

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105

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106

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107

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108

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109

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110

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111

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112

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113

In section 114 (payment to clerk of fees and recognizances on case stated), for “him the fees payable for the case and for the recognizances” substitute “ the fees payable for the case and for the recognizances to the justices’ chief executive for the court ”.

114

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115

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116

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117

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The Highways Act 1980 (c. 66)

118

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The Betting and Gaming Duties Act 1981 (c. 63)

119

The Betting and Gaming Duties Act 1981 has effect subject to the following amendments.

120

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121

• (1) Paragraph 15 of Schedule 4 (register of permits) is amended as follows.

• (2) In sub-paragraph (1) (registers of permits etc.), for “clerk to” substitute “ proper officer of ”.

• (3) After sub-paragraph (2) insert—

(3) In sub-paragraph (1) above “proper officer of the appropriate authority” means— (a) where the appropriate authority is a committee of the justices acting for a petty sessions area, the chief executive to the justices; and (b) in any other case, the clerk to the authority.

The Civil Jurisdiction and Judgments Act 1982 (c. 27)

122

• (1) Section 5 of the Civil Jurisdiction and Judgments Act 1982 (recognition and enforcement of maintenance orders) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In subsection (7) (requirement of payer to notify change of address to clerk of the court), for “clerk” substitute “ proper officer ”.

• (4) After that subsection insert—

(8) In subsection (7) “proper officer” means— (a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and (b) in relation to a magistrates’ court in Northern Ireland, the clerk of the court.

The Criminal Justice Act 1982 (c. 48)

123

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The Licensing (Occasional Permissions) Act 1983 (c. 24)

124

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The Police and Criminal Evidence Act 1984 (c. 60)

125

The Police and Criminal Evidence Act 1984 has effect subject to the following amendments.

126

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127

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128

• (1) Section 73 (proof of conviction) is amended as follows.

• (2) In subsection (2) (certificate of conviction to be signed by clerk), for “clerk” (in each place) substitute “ proper officer ”.

• (3) For subsection (3) substitute—

(3) In subsection (2) above “proper officer” means— (a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and (b) in relation to any other court, the clerk of the court, his deputy or any other person having custody of the court record.

The Prosecution of Offences Act 1985 (c. 23)

129

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130

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131

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The Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)

132

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The Insolvency Act 1986 (c. 45)

133

In sections 9(1) and 124(1) of the Insolvency Act 1986 (applications for administration order and winding up), for “the clerk of a magistrates’ court” substitute “ a justices’ chief executive ”.

The Public Order Act 1986 (c. 64)

134

In section 34(1) and (2) of the Public Order Act 1986 (notification by clerk of making or termination of exclusion order), for “clerk of” substitute “ justices’ chief executive for ”.

The Coroners Act 1988 (c. 13)

135

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The Criminal Justice Act 1988 (c. 33)

136

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137

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138

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139

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The Road Traffic Offenders Act 1988 (c. 53)

140

The Road Traffic Offenders Act 1988 has effect subject to the following amendments.

141

• (1) Section 7 (duty of accused to provide licence to clerk of court) is amended as follows.

• (2) Number the existing provision as subsection (1) and, in paragraph (a) of that provision, for “clerk” substitute “ proper officer ”.

• (3) After that provision insert—

(2) In subsection (1) above “proper officer” means— (a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court, and (b) in relation to any other court, the clerk of the court.

142

In sections 8(a) and 25(2)(a) (notification to clerk of date of birth and sex), for “to the clerk of a court in pursuance of section 12(2)” substitute “ to a justices’ chief executive in pursuance of section 12(4) ”.

143

• (1) Section 26 (interim disqualification) is amended as follows.

• (2) In subsection (7), in paragraph (b) (licence of person subject to interim disqualification to be sent to clerk), for “clerk” substitute “ proper officer ”.

• (3) After that subsection insert—

(2) In subsection (7) above “proper officer” means— (a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court, and (b) in relation to any other court, the clerk of the court.

144

• (1) Section 27 (production of licence) is amended as follows.

• (2) In subsection (4) (exceptions), for “clerk” (in both places) substitute “ proper officer ”.

• (3) After that subsection insert—

(5) In subsection (4) above “proper officer” means— (a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court, and (b) in relation to any other court, the clerk of the court.

145

• (1) Section 34B (certificate of completion of course) is amended as follows.

• (2) In subsections (1), (2) (in both places), (6) and (7), for “clerk” substitute “ proper officer ”.

• (3) In subsection (9)—

• (a) for “clerk of a court” substitute “ proper officer of a court ”, and

• (b) for “clerk or” substitute “ officer or ”.

146

In section 34C(2) (interpretation), after the definition of “petty sessions area” insert—

“proper officer” means— (a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court, and (b) in relation to a sheriff court in Scotland, the clerk of the court;

.

147

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148

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149

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150

• (1) Section 71 (registration of sums payable in default) is amended as follows.

• (2) For subsections (1) and (2) substitute—

(1) Where, in England and Wales, a justices’ chief executive receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default— (a) if it appears to him that the defaulter resides in a petty sessions area for which he is the justices’ chief executive, he must register that sum for enforcement as a fine in that area by entering it in the register of a magistrates’ court acting for that area, (b) if it appears to him that the defaulter resides in any other petty sessions area in England and Wales, he must send the certificate to the justices’ chief executive for that area, or (c) if it appears to him that the defaulter resides in Scotland, he must send the certificate to the clerk of the court of summary jurisdiction for the area in which the defaulter appears to him to reside. (2) Where, in Scotland, the clerk of a court receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default— (a) if it appears to him that the defaulter resides in the area of the court, he must register that sum for enforcement as a fine by that court, (b) if it appears to him that the defaulter resides in the area of any other court of summary jurisdiction in Scotland, he must send the certificate to the clerk of that court, or (c) if it appears to him that the defaulter resides in England and Wales, he must send the certificate to the justices’ chief executive for the petty sessions area in which the defaulter appears to him to reside. (2A) Subsections (1) and (2) apply to executives and clerks who receive certificates pursuant to the provision they contain as they apply to the original recipients.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

151

In sections 72(1) and (6) and 73(1)(b) and (7) (invalidity of registration notice), for “clerk” substitute “ proper officer ”.

152

• (1) Section 74 (supplementary) is amended as follows.

• (2) In subsection (4) (service of statutory declaration), for “clerk” substitute “ proper officer ”.

• (3) In subsection (5) (interpretation), for paragraph (b) substitute—

(b) references to the proper officer of the relevant court are— (i) in the case of a magistrates’ court, references to the justices’ chief executive for that court, and (ii) in the case of a court of summary jurisdiction in Scotland, references to the clerk of the court, and

.

153

In section 75(6) (definition of “fixed penalty clerk” for purposes of conditional offers)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) for “that clerk” substitute “ he ”.

154

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155

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156

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The Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

157

• (1) Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders) is amended as follows.

• (2) In paragraph 1(5) (meaning of “proper officer”), for “clerk of”, in the first three places, substitute “ justices’ chief executive for ”.

• (3) In paragraph 9(4) (functions of clerk to be exercised by appropriate officer of High Court in case of order made elsewhere in British Islands), for “the clerk of a magistrates’ court” substitute “ a justices’ chief executive ”.

The Football Spectators Act 1989 (c. 37)

158

In sections . . . 18(1) of the Football Spectators Act 1989 (duties of clerk in relation to notices of conviction and restriction orders), for “clerk of” substitute “ justices’ chief executive for ”.

The Children Act 1989 (c. 41)

159

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160

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161

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162

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The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)

163

• (1) Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (supervision and treatment orders) is amended as follows.

• (2) In paragraph 3(4) (clerk to receive copy of supervision and treatment order), for “clerk to the justices” substitute “ justices’ chief executive ”.

• (3) In paragraph 10(1) (clerk to send copy of revocation of supervision and treatment order to supervising officer), for “clerk to” substitute “ justices’ chief executive for ”.

• (4) In paragraph 11 (amendment of orders), in sub-paragraph (1), for “clerk to the justices” (in both places) substitute “ justices’ chief executive ” and after that sub-paragraph insert—

(1A) Where the justices’ chief executive for the court making the order is also the justices’ chief executive for the new petty sessions area— (a) sub-paragraph (1)(b) above does not apply; but (b) the justices’ chief executive shall give copies of the amending order to the supervising officer.

• (5) In that paragraph, in sub-paragraph (2), after “(1)” insert “ or (1A) ”.

The Criminal Justice Act 1991 (c. 53)

164

The Criminal Justice Act 1991 has effect subject to the following amendments.

165

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166

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The Social Security Administration Act 1992 (c. 5)

167

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168

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169

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The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

170

In section 14(5)(b) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (Secretary of State to send supervised release order to clerk to the justices), for “clerk” substitute “ chief executive ”.

The Pension Schemes Act 1993 (c. 48)

171

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The Drug Trafficking Act 1994 (c. 37)

172

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The Road Traffic (New Drivers) Act 1995 (c. 13)

173

• (1) Paragraph 3 of Schedule 1 to the Road Traffic (New Drivers) Act 1995 (duty to provide test certificate) is amended as follows.

• (2) In sub-paragraph (3), in paragraph (b) (certificate not previously supplied to clerk), for “clerk” substitute “ proper officer ”.

• (3) After that sub-paragraph insert—

(3A) In sub-paragraph (3) “proper officer” means— (a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court, and (b) in relation to any other court, the clerk of the court.

The Merchant Shipping Act 1995 (c. 21)

174

• (1) Section 68 of the Merchant Shipping Act 1995 (power to summon witness) is amended as follows.

• (2) In subsection (4) (particulars of fine to be given to clerk), for “clerk” substitute “ proper officer ”.

• (3) After that subsection insert—

(4A) In subsection (1) above “proper officer” means— (a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court, and (b) in relation to a magistrates’ court in Northern Ireland, the clerk of the court.

The Criminal Procedure (Scotland) Act 1995 (c. 46)

175

In section 234(9) of the Criminal Procedure (Scotland) Act 1995 (copies of probation order relating to person resident in England and Wales to be sent to clerk of relevant area), for “clerk to the justices” substitute “ justices’ chief executive ”.

The Reserve Forces Act 1996 (c. 14)

176

The Reserve Forces Act 1996 has effect subject to the following amendments.

177

• (1) Paragraph 7 of Schedule 2 (delivery into military, air-force or naval custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.

• (2) In sub-paragraph (3) (fee payable to clerk of the court), for “clerk” substitute “ proper officer ”.

• (3) After that sub-paragraph insert—

(3A) In sub-paragraph (3) “proper officer” means— (a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and (b) in relation to any other court, the clerk of the court.

178

• (1) Paragraph 9 of Schedule 3 (proof of outcome of civil trial) is amended as follows.

• (2) In sub-paragraphs (1), (2) and (3) (certificate signed by clerk is proof of outcome), for “clerk” substitute “ proper officer ”.

• (3) For sub-paragraph (4) substitute—

(4) In this paragraph “proper officer” means— (a) in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and (b) in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.

The Crime and Disorder Act 1998 (c. 37)

179

• (1) Schedule 3 to the Crime and Disorder Act 1998 (procedure where no committal proceedings for indictable-only offence) is amended as follows.

• (2) In paragraph 4(9), (10) and (11) (power of justice to take depositions etc), for “clerk of” substitute “ chief executive to ”.

• (3) In paragraph 6(7) (Crown Court to inform clerk of magistrates’ court of outcome of trial), for “clerk of” substitute “ justices’ chief executive for ”.

SCHEDULE 14

Part I — General

1

• (1) The Lord Chancellor or Secretary of State may by order made by statutory instrument make such transitional provisions and savings he considers appropriate in connection with the coming into force of any provision of this Act.

• (2) Nothing in the following provisions of this Schedule limits sub-paragraph (1).

• (3) Nothing in this Schedule limits the operation of sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).

Part II — Legal Services Commission

Replacement of Legal Aid Board by Legal Services Commission

2

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3

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4

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5

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Winding-down of Legal Aid Board

6

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Abolition of Legal Aid Board

7

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Further provision for Legal Aid Board and Legal Services Commission

8

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Funding of representation by Lord Chancellor

9

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Part III — Legal services

Conditional fee agreements

10

Any order made under section 58(4) or (5) of the Courts and Legal Services Act 1990 and in force immediately before the time when section 27 of this Act comes into force shall have effect after that time (until revoked) as if made under section 58(4) as substituted by that section.

11

Any regulations made under section 58(1)(c) of the Courts and Legal Services Act 1990 and in force immediately before the time when section 27 of this Act comes into force shall have effect after that time (until revoked) as if made under section 58(3)(c) as substituted by that section.

Legal aid in Scotland

12

If section 33 of this Act comes into force before section 1 of the Tax Credits Act 1999, the reference in section 33 to disabled person’s tax credit shall, until section 1 of the Tax Credits Act 1999 comes into force, have effect as a reference to disability working allowance.

Abolition of ACLEC

13

The Lord Chancellor may by order made by statutory instrument make provision in connection with the abolition of the Lord Chancellor’s Advisory Committee on Legal Education and Conduct (including, in particular, provision about its staff and property).

Regulations and rules for barristers and solicitors

14

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15

Where a person was called to the Bar or admitted as a solicitor before the coming into force of section 36 of this Act, he shall be taken for the purposes of determining for how many years he has had one of the qualifications listed in section 71(3) of the Courts and Legal Services Act 1990 as having been granted a right of audience before every court in relation to all proceedings on his call or admission.

Existing rights of solicitors in certain Crown Court centres

16

• (1) If section 36 of this Act comes into force before the repeal by this Act of section 83 of the Senior Courts Act 1981, section 83 shall have effect until that repeal comes into force subject to the modifications specified in sub-paragraphs (2) and (3).

• (2) Subsection (1) shall have effect as if for “may have rights of audience in the Crown Court” there were substituted “ shall be entitled to exercise their right of audience in the Crown Court even though they do not satisfy the regulations of the Law Society relating to the education and training which solicitors must receive in order to exercise their right of audience in the Crown Court ”.

• (3) Subsection (3) shall have effect as if for “with” there were substituted “ who may exercise ”.

Authorised bodies

17

• (1) An Order in Council made pursuant to a recommendation under section 29 of the Courts and Legal Services Act 1990 and in force immediately before the time when Schedule 5 to this Act comes into force shall have effect after that time (unless revoked) as if made pursuant to a recommendation under Part I of Schedule 4 to that Act as substituted by Schedule 5 to this Act.

• (2) Any approval under Part II of Schedule 4 to the Courts and Legal Services Act 1990 in force immediately before the time when Schedule 5 to this Act comes into force shall have effect after that time as an approval under that Part of that Schedule as substituted by Schedule 5 to this Act.

Part IV — Reporting of proceedings about children

18

Section 97(2) of the Children Act 1989 (as amended by section 72 of this Act) shall not apply in relation to proceedings before a county court or the High Court which have begun before the coming into force of that section.

Part V — Magistrates and magistrates’ courts

Commission areas

19

The first order under section 1 of the Justices of the Peace Act 1997, as substituted by section 74 of this Act, shall specify each of the areas which was a commission area immediately before the time when that section comes into force; and those areas shall continue to be commission areas from that time until the coming into force of that first order.

Petty sessions areas

20

The first order under section 4 of the Justices of the Peace Act 1997, as substituted by section 75 of this Act, shall specify each of the areas which was a petty sessions area immediately before the time when that section comes into force; and those areas shall continue to be petty sessions areas from that time until the coming into force of that first order.

Lord Mayor and aldermen of City of London

21

The person who is the Lord Mayor of London, and the persons who are aldermen of the City of London, at the end of the period of two months beginning with the day on which this Act is passed shall be treated as having at that time been appointed in accordance with section 5 of the Justices of the Peace Act 1997 as justices of the peace for the commission area which includes the City of London; and, accordingly, subsection (1A) of section 6 of that Act (inserted by paragraph 48 of Schedule 10 to this Act) has effect in relation to them.

District Judges (Magistrates’ Courts): appointment

22

Any person who is a stipendiary magistrate or a metropolitan stipendiary magistrate immediately before the time when section 78 of this Act comes into force shall be treated as having been appointed to be a District Judge (Magistrates’ Courts) at that time (unless he would have been required by reason of age to vacate his office at that time).

23

Any person who, immediately before the time when section 78 of this Act comes into force, is authorised under section 13(1)(a) or 19 of the Justices of the Peace Act 1997 to act as a stipendiary magistrate or metropolitan stipendiary magistrate shall be treated as having been appointed to be a Deputy District Judge (Magistrates’ Courts) at that time for the remainder of the period for which he is so authorised.

District Judges (Magistrates’ Courts): pensions

24

• (1) For the purposes specified in sub-paragraph (2), a person who—

• (a) is a stipendiary magistrate or metropolitan stipendiary magistrate immediately before the time when section 78 of this Act comes into force, and

• (b) is at that time a member of a judicial pension scheme constituted by the Judicial Pensions Act 1981,

shall not be regarded as having been appointed (by virtue of paragraph 22) to be a District Judge (Magistrates’ Courts) but shall instead be regarded as if he continued to be a stipendiary magistrate or metropolitan stipendiary magistrate.

• (2) The purposes referred to in sub-paragraph (1) are those of—

• (a) the Judicial Pensions Act 1981,

• (b) any scheme constituted by that Act, and

• (c) any enactment made by or under an Act which applies to such a scheme or to rights arising under such a scheme.

District Judges (Magistrates’ Courts): retirement

25

For the purposes of section 26 of and Schedule 7 to the Judicial Pensions and Retirement Act 1993 (date of retirement for holders of a relevant office immediately before the time when section 26 came into force) a person who held the office of stipendiary magistrate or metropolitan stipendiary magistrate at any time during the period beginning when section 26 came into force and ending when Schedule 11 to this Act comes into force shall be treated as having held a relevant office at that time in spite of the amendment made to Schedule 5 to the Judicial Pensions and Retirement Act 1993 by Schedule 11 to this Act.

District Judges (Magistrates’ Courts): legal aid

26

If paragraph 36 of Schedule 11 to this Act comes into force before the repeal by this Act of section 19(5) of the Legal Aid Act 1988, that provision shall have effect as if, in the definition of “proceedings for dealing with an offender as a fugitive offender”, the reference to a metropolitan stipendiary magistrate were to a District Judge (Magistrates’ Courts).

Committals for sentence

27

Section 79 of, and Part V(4) of Schedule 15 to, this Act do not apply to any hearing of proceedings on committal to the Crown Court if those proceedings have begun before the coming into force of that section and that Part of that Schedule.

Youth courts

28

• (1) Subject to any order under paragraph 6 of the Second Schedule to the Children and Young Persons Act 1933 (as amended by this Act), there shall from the coming into force of section 77 of this Act be a combined youth court panel for the area consisting of the inner London boroughs and the City of London (in spite of paragraph 3 of that Schedule).

• (2) If section 77 of this Act comes into force before section 83 of this Act, then until section 83 comes into force paragraph 9 of the Second Schedule to the Children and Young Persons Act (as amended by this Act) shall not prevent there being a combined youth panel for the City of London and any other area.

Magistrates’ courts committee areas

29

The first order under section 27A(2) of the Justices of the Peace Act 1997, as substituted by section 81 of this Act, shall specify each of the areas outside Greater London which was a magistrates’ courts committee area immediately before the time when that section comes into force; and those areas shall continue to be magistrates’ courts committee areas from that time until the coming into force of that first order.

Magistrates’ courts committees in Greater London

30

• (1) From the end of the period of two months beginning with the day on which this Act is passed until the Greater London Magistrates’ Courts Authority becomes the magistrates’ courts committee for Greater London, the Justices of the Peace Act 1997 shall continue to have effect in relation to magistrates’ courts committees in Greater London without—

• (a) the amendments made by sections 81 and 82 of this Act, and

• (b) the repeal of sections 32 and 38(6) of that Act made by Part V(5) of Schedule 15 to this Act,

but subject to the modifications specified in sub-paragraphs (2) to (5).

• (2) Section 28 shall have effect as if—

• (a) in subsection (1), for “to (4)” there were substituted “ and (3) ”,

• (b) in subsection (2), for “Not more than two other” there were substituted “ Other ”,

• (c) for subsections (3) and (4) there were substituted—

(3) The inner London magistrates’ courts committee shall include either— (a) the Senior District Judge (Chief Magistrate) and two District Judges (Magistrates’ Courts) appointed by him; or (b) (if he decides not to be a member) three District Judges (Magistrates’ Courts) appointed by him.

, and

• (d) in subsection (5), for “subsections (3) and (4)” there were substituted “ subsection (3) ”.

• (3) Section 29 shall have effect as if—

• (a) in subsection (3), for “, (3) and (4)” there were substituted “ and (3) ”, and

• (b) after that subsection there were inserted—

(3A) The regulations may make provision for the payment of remuneration to members of a magistrates’ courts committee co-opted or appointed under section 28(2) above.

• (4) Section 30 shall have effect as if the words “Subject to subsection (2) below,” in subsection (1) and subsection (2) were omitted.

• (5) Section 38(6) shall have effect as if—

• (a) for the words “chief metropolitan stipendiary magistrate” there were substituted “ Senior District Judge (Chief Magistrate) (if he is a member) ”, and

• (b) for “28(3) and (4)” there were substituted “ 28(3) ”.

• (6) This paragraph has effect subject to paragraph 31.

31

• (1) If section 78 of this Act has not come into force at the end of the period of two months beginning with the day on which this Act is passed, paragraph 30 shall apply as follows until that section comes into force.

• (2) The subsection (3) treated as substituted by sub-paragraph (2)(c) of that paragraph shall have effect as if—

• (a) for “Senior District Judge (Chief Magistrate)” there were substituted “ chief metropolitan stipendiary magistrate ”, and

• (b) for “District Judges (Magistrates’ Courts)” (in both places) there were substituted “ metropolitan stipendiary magistrates ”.

• (3) Sub-paragraph (5) of that paragraph shall have effect as if paragraph (a) read—

(a) after the words “chief metropolitan stipendiary magistrate” there were inserted “(if he is a member)”, and

.

The Greater London Magistrates’ Courts Authority

32

• (1) The Lord Chancellor may by order made by statutory instrument make provision in connection with the establishing of the Greater London Magistrates’ Courts Authority, including—

• (a) provision for the Authority to incur liabilities and to exercise any function before the time when it becomes the magistrates’ courts committee for Greater London, and

• (b) provision for the abolition of the magistrates’ courts committees for areas in Greater London immediately before that time.

• (2) For the purposes of sections 39A and 39B of the Justices of the Peace Act 1997 (inserted by section 86 of this Act) the Authority shall be treated as a magistrates’ courts committee until it actually becomes the magistrates’ courts committee for Greater London.

Schemes for transfer of property etc. to GLMCA

33

• (1) The Lord Chancellor may make one or more schemes for the transfer to the Greater London Magistrates’ Courts Authority of such of the property, rights and liabilities of—

• (a) a magistrates’ courts committee,

• (b) the Receiver for the Metropolitan Police District,

• (c) the council of an outer London borough, or

• (d) the Common Council of the City of London,

as appear to him to be appropriate to be transferred for the performance of the Authority’s functions.

• (2) In this paragraph references to the “transferor”, in relation to a scheme, are to the person mentioned in sub-paragraph (1) from whom property is transferred under the scheme.

• (3) A scheme under this paragraph may—

• (a) provide for transfers under the scheme to be on such terms (including terms requiring payment to the transferor) as the Lord Chancellor thinks fit,

• (b) apportion or create rights and liabilities in relation to any property transferred, and

• (c) make any appropriate, consequential, incidental or supplementary provisions.

• (4) On the day appointed by a scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this sub-paragraph, and in spite of any provision (of whatever nature) which would otherwise prevent or restrict the transfer, be transferred in accordance with the scheme.

• (5) Anything done (or having effect as if done) by or in relation to the transferor before the time when a scheme comes into effect for the purposes of, or in connection with, anything transferred under the scheme shall, so far as is required for continuing its effect after that time, have effect as if done by or in relation to the Authority.

• (6) Any reference to the transferor in any document, including any enactment, constituting or relating to anything transferred under a scheme shall, so far as is required for giving effect to the scheme, be construed as a reference to the Authority.

• (7) Where rights and liabilities under a contract of employment are transferred under a scheme under this paragraph—

• (a) for the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc.), the employee shall not be regarded as having been dismissed by virtue of the transfer, and

• (b) for the purposes of that Act, the employee’s period of employment with the transferor shall count as a period of employment with the Authority, and the change of employment shall not break the continuity of the period of employment.

Stamp duty on transfer schemes

34

• (1) Stamp duty shall not be chargeable—

• (a) on any scheme under paragraph 33, or

• (b) on any instrument or agreement which is certified to the Commissioners of Inland Revenue by the Lord Chancellor as made in pursuance of such a scheme.

• (2) No such scheme, and no instrument or agreement which is certified as mentioned in sub-paragraph (1)(b), shall be taken to be duly stamped unless—

• (a) it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped, or

• (b) it is stamped with the duty to which it would be liable, apart from this paragraph.

• (3) Section 12 of the Finance Act 1895 shall not operate to require—

• (a) the delivery to the Inland Revenue of a copy of this Act, or

• (b) the payment of stamp duty under that section on any copy of this Act,

and shall not apply in relation to any instrument on which, by virtue of sub-paragraph (1), stamp duty is not chargeable.

Continuing provision of court-houses, accommodation etc

35

• (1) The Lord Chancellor may by regulations provide that any petty sessional court-house or other accommodation specified in the regulations which immediately before the time when paragraph 33 comes into force was provided by—

• (a) the council of an outer London borough, or

• (b) the Common Council of the City of London,

pursuant to section 55 of the Justices of the Peace Act 1997 (and is not transferred under a scheme under paragraph 33) shall after that time be provided by that council to the Greater London Magistrates’ Courts Authority for the performance of the functions referred to in section 59A(1) of that Act.

• (2) Regulations under sub-paragraph (1) may—

• (a) prescribe terms and conditions, including conditions as to payment, on which any court-house or other accommodation is to be provided, and

• (b) prohibit a council providing a court-house or other accommodation under sub-paragraph (1) from altering or extending it without the consent of the Lord Chancellor.

• (3) Any duty imposed on a council by regulations under sub-paragraph (1) may at any time be—

• (a) varied or restricted by agreement between the council and the Lord Chancellor, or

• (b) terminated by the Lord Chancellor after consulting the council.

• (4) Regulations under sub-paragraph (1) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Pensions of inner London court staff

36

• (1) The Lord Chancellor may by order made by statutory instrument make provision about the provision of pensions for or in respect of persons who are or have been members of the inner London court staff.

• (2) An order under this paragraph may include provision for, or in connection with—

• (a) enabling persons to participate, or continue to participate, in any pension scheme and requiring their employers to make contributions under that scheme, and

• (b) the administration or management of pension schemes or pension funds.

• (3) Provision of the kind specified in sub-paragraph (2)(a) may—

• (a) with the consent of the Minister for the Civil Service, include provision for section 1 of the Superannuation Act 1972 (pensions of civil servants etc.) to apply to persons who are or have been members of the inner London court staff, or

• (b) include provision for persons who have been members of the inner London court staff but who are employees of the Greater London Magistrates’ Courts Authority by virtue of a scheme under paragraph 33 to be regarded as continuing to be members of the metropolitan civil staffs for the purposes of section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 (pensions of metropolitan civil staffs).

• (4) An order under this paragraph containing provision of the kind specified in sub-paragraph (3)(a) may also contain provision for such body or person as may be specified in the order to pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to such provision (so far as referable to that body or person) in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

• (5) Where an order is made under this paragraph containing provision of the kind specified in sub-paragraph (3)(a), the Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit—

• (a) delegate to any person the function of administering a scheme made under section 1 of the Superannuation Act 1972, so far as relating to persons who are or have been members of the inner London court staff, or

• (b) authorise the exercise of that function (so far as so relating) by, or by employees of, any person.

• (6) A person to whom the function of administering a scheme made under section 1 of the Superannuation Act 1972 is delegated under sub-paragraph (5)(a) may, to such extent and subject to such conditions as he may determine, authorise the exercise of that function by, or by employees of, any person.

• (7) Where a person is authorised under sub-paragraph (5)(b) or (6) to exercise the function of administering a scheme made under section 1 of the Superannuation Act 1972, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.

• (8) Sub-paragraph (7) does not apply for the purposes of—

• (a) any criminal proceedings against the authorised person (or any employee of his), or

• (b) any contract between him and the person who authorised him, so far as relating to the function.

• (9) An order under this paragraph may provide that any enactment repealed by this Act shall continue to have effect for any purpose specified in the order with such modifications as may be so specified.

• (10) A statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (11) In this paragraph the “inner London court staff” means—

• (a) the justices’ chief executive employed by the magistrates’ courts committee for the area consisting of the inner London boroughs,

• (b) any justices’ clerk for that area, and

• (c) staff of the magistrates’ courts committee for that area.

Justices’ chief executives

37

• (1) If section 90 of this Act comes into force before the repeal by this Act of Schedule 3 to the Legal Aid Act 1988, that Schedule shall have effect until that repeal comes into force subject to the modifications specified in sub-paragraphs (2) and (3).

• (2) Paragraphs 3(1) and (2) and 4(1) shall have effect as if for “clerk of” there were substituted “ justices’ chief executive for ”.

• (3) Paragraph 4(2) shall have effect—

• (a) as if for “clerk of” there were substituted “ justices’ chief executive for ”, and

• (b) as if the words from “and section” to the end were omitted.

SCHEDULE 15

Part I — Legal Services Commission

Part II — Provision of legal services

Part III — Appeals, courts, judges and court proceedings

Part IV — Enforcement of community orders

Part V — Magistrates and magistrates’ courts

Part VI — Immunity and indemnity

Legal Services Commission.

8A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditional fee agreements.

Litigation funding agreements.

Recipients of disabled person’s tax credit.

References by Scottish Criminal Cases Review Commission.

Replacement of ACLEC by Consultative Panel.

Cases stated by Crown Court.

Time limits where accused sent for trial.

Commissioner.

Composition.

Contempt of court.

Habeas corpus.

Contempt of court.

Habeas corpus.

Cessation of warrants.

Justices and clerks: immunity from costs.

Power to allow children to attend criminal proceedings.

Justices and clerks: indemnity.

Power to allow children to attend criminal proceedings.

Justices and clerks: immunity from costs.

Petty sessions areas.

Repeals and revocations.

Justices and clerks: immunity from costs.

Civilian enforcement officers.

Execution by person not in possession of warrant.

Justices and clerks: immunity from costs.

Justices and clerks: indemnity.

Assistant justices’ clerks: immunity from action.

Transitional provisions and savings.

The services which may not be funded as part of the Community Legal Service are as follows.

1A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Individuals to whom right may be provisionally granted

1A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial eligibility

3B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information requests

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on disclosure

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Paragraphs 6 and 7: supplementary

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 3A

Introductory

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further general powers to regulate motor vehicle orders

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Matters of which court to be satisfied

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ownership of motor vehicles

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Motor vehicles used by disabled persons

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on making vehicle sale orders

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Public Records Act 1958 (c.51)

The Parliamentary Commissioner Act 1967 (c.13)

The Criminal Appeal Act 1968 (c.19)

The Children and Young Persons Act 1969 (c.54)

The Attachment of Earnings Act 1971 (c.32)

The Powers of Criminal Courts Act 1973 (c.62)

The Solicitors Act 1974 (c.47)

The House of Commons Disqualification Act 1975 (c.24)

The Northern Ireland Assembly Disqualification Act 1975 (c.25)

The Sex Discrimination Act 1975 (c.65)

The Race Relations Act 1976 (c.74)

The Magistrates’ Courts Act 1980 (c.43)

The Senior Courts Act 1981

The Criminal Justice Act 1982 (c.48)

The Telecommunications Act 1984 (c.12)

The Prosecution of Offences Act 1985 (c.23)

The Child Abduction and Custody Act 1985 (c.60)

The Administration of Justice Act 1985 (c.61)

The Housing Act 1985 (c.68)

The Criminal Justice Act 1987 (c.38)

The Consumer Arbitration Agreements Act 1988 (c.21)

The Housing Act 1988 (c.50)

The Children Act 1989 (c.41)

The Courts and Legal Services Act 1990 (c.41)

The Criminal Justice Act 1991 (c.53)

The Social Security Administration Act 1992 (c.5)

The Criminal Procedure and Investigations Act 1996 (c.25)

The Family Law Act 1996 (c.27)

The Crime and Disorder Act 1998 (c.37)

The Solicitors Act 1974 (c.47)

The Courts and Legal Services Act 1990 (c.41)

The Parochial Libraries Act 1708 (c.14)

The Distress for Rent Act 1737 (c.19)

The Inclosure Act 1773 (c.81)

The Burial Ground Act 1816 (c.141)

The Inclosure and Drainage (Rates) Act 1833 (c.35)

The Ordnance Survey Act 1841 (c.30)

The Geological Survey Act 1845 (c.63)

The Inclosure Act 1845 (c.118)

The Hares Act 1848 (c.29)

The Fairs Act 1873 (c.37)

The Commons Act 1876 (c.56)

The Municipal Corporations Act 1882 (c.50)

The Local Government Act 1888 (c.41)

The Children and Young Persons Act 1933 (c.12)

The Criminal Justice Act 1948 (c.58)

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

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

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

The Prison Act 1952 (c.52)

The Maintenance Orders Act 1958 (c.39)

The Licensing Act 1964 (c.26)

The Administration of Justice Act 1964 (c.42)

The Sunday Theatre Act 1972 (c.26)

The Solicitors Act 1974 (c.47)

The Magistrates’ Courts Act 1980 (c.43)

The Public Passenger Vehicles Act 1981 (c.14)

The Road Traffic Regulation Act 1984 (c.27)

The Criminal Justice Act 1991 (c.53)

The Local Government Finance Act 1992 (c.14)

The Probation Service Act 1993 (c.47)

The Local Government (Wales) Act 1994 (c.19)

The Justices of the Peace Act 1997 (c.25)

The Metropolitan Police Act 1839 (c.47)

The Metropolitan Police Courts Act 1840 (c.84)

The London Hackney Carriages Act 1843 (c.86)

The London Hackney Carriages Act 1850 (c.7)

The London Hackney Carriage Act 1853 (c.33)

The Regulation of Railways Act 1871 (c.78)

The Metropolitan Police Courts Act 1897 (c.26)

The Law of Distress Amendment Act 1908 (c.53)

The Children and Young Persons Act 1933 (c.12)

The Local Government Act 1948 (c.26)

The Metropolitan Magistrates’ Courts Act 1959 (c.45)

The Licensing Act 1964 (c.26)

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

The Courts Act 1971 (c.23)

The Local Government Act 1972 (c.70)

The Administration of Justice Act 1973 (c.15)

The Juries Act 1974 (c.23)

The Solicitors Act 1974 (c.47)

The House of Commons Disqualification Act 1975 (c.24)

The Northern Ireland Assembly Disqualification Act 1975 (c.25)

The Magistrates’ Courts Act 1980 (c.43)

The Extradition Act 1989 (c.33)

The Courts and Legal Services Act 1990 (c.41)

The Local Government Act 1992 (c.19)

The Probation Service Act 1993 (c.47)

The Justices of the Peace Act 1997 (c.25)

The Public Works Loans Act 1965 (c.63)

The National Loans Act 1968 (c.13)

The Road Traffic Offenders Act 1988 (c.53)

The Local Government and Housing Act 1989 (c.42)

The Criminal Justice Act 1991 (c.53)

The Local Government Finance Act 1992 (c.14)

The Justices of the Peace Act 1997 (c.25)

The London Hackney Carriages Act 1843 (c.86)

The Evidence Act 1851 (c.99)

The Criminal Procedure Act 1865 (c.18)

The Prevention of Crimes Act 1871 (c.112)

The Fairs Act 1873 (c.37)

The Public Health Acts Amendment Act 1907 (c.53)

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

The Children and Young Persons Act 1933 (c.12)

The Maintenance Orders Act 1950 (c.37)

The Army Act 1955 (c.18)

The Air Force Act 1955 (c.19)

The Naval Discipline Act 1957 (c.53)

The Maintenance Orders Act 1958 (c.39)

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

The Licensing Act 1964 (c.26)

The Gaming Act 1968 (c.65)

The Late Night Refreshment Houses Act 1969 (c.53)

The Children and Young Persons Act 1969 (c.54)

The Attachment of Earnings Act 1971 (c.32)

The Immigration Act 1971 (c.77)

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

The Matrimonial Causes Act 1973 (c.18)

The Powers of Criminal Courts Act 1973 (c.62)

The Salmon and Freshwater Fisheries Act 1975 (c.51)

The Lotteries and Amusements Act 1976 (c.32)

The Adoption Act 1976 (c.36)

The Bail Act 1976 (c.63)

The Domestic Proceedings and Magistrates’ Courts Act 1978 (c.22)

The Licensed Premises (Exclusion of Certain Persons) Act 1980 (c.32)

The Magistrates’ Courts Act 1980 (c.43)

The Highways Act 1980 (c.66)

The Betting and Gaming Duties Act 1981 (c.63)

The Civil Jurisdiction and Judgments Act 1982 (c.27)

The Criminal Justice Act 1982 (c.48)

The Licensing (Occasional Permissions) Act 1983 (c.24)

The Police and Criminal Evidence Act 1984 (c.60)

The Prosecution of Offences Act 1985 (c.23)

The Sporting Events (Control of Alcohol etc.) Act 1985 (c.57)

The Insolvency Act 1986 (c.45)

The Public Order Act 1986 (c.64)

The Coroners Act 1988 (c.13)

The Criminal Justice Act 1988 (c.33)

The Road Traffic Offenders Act 1988 (c.53)

The Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)

The Football Spectators Act 1989 (c.37)

The Children Act 1989 (c.41)

The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c.25)

The Criminal Justice Act 1991 (c.53)

The Social Security Administration Act 1992 (c.5)

The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)

The Pension Schemes Act 1993 (c.48)

The Drug Trafficking Act 1994 (c.37)

The Road Traffic (New Drivers) Act 1995 (c.13)

The Merchant Shipping Act 1995 (c.21)

The Criminal Procedure (Scotland) Act 1995 (c.46)

The Reserve Forces Act 1996 (c.14)

The Crime and Disorder Act 1998 (c.37)

Transfer schemes: stamp duty land tax

34A

• (1) For the purposes of stamp duty land tax, a land transaction effected by or in pursuance of a scheme under paragraph 33 is exempt from charge.

• (2) Relief under this paragraph must be claimed in a land transaction return or an amendment of such a return.

• (3) In this paragraph—

• “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

• “land transaction return” has the meaning given by section 76(1) of that Act.

Sections 1 to 32.

Editorial notes

[^c11265741]: Act extended (22.5.2000) by S.I. 2000/1119, reg. 14, Sch. 3 Pt. I

[^c11265881]: S. 27 excluded (1.4.2000) by S.I. 2000/900, art. 2(2)

[^c11265891]: 1990 c.41.

[^c11265901]: 1974 c.47.

[^c11265911]: 1990 c.43.

[^c11265921]: 1973 c.18.

[^c11265931]: 1976 c.36.

[^c11265941]: 1978 c.22.

[^c11265951]: 1984 c.42.

[^c11265961]: 1989 c.41.

[^c11265971]: 1996 c.27.

[^c11265981]: 1990 c.41.

[^c19058461]: Words in s. 28 substituted (12.1.2006) by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art 8, Sch. para. 4(b)

[^c11265991]: S. 29 restricted (1.4.2000) by S.I. 2000/900, arts. 1, 3

[^c20580941]: S. 31: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(2); S.I. 2009/1604, art. 2

[^c11266021]: 1986 c.47.

[^c19072801]: S. 33 repealed (6.4.2003) by Tax Credits Act 2002 (c. 21), ss. 60, 61, Sch. 6; S.I. 2003/962, art. 2(1)(3)(e), Sch. 1 (subject to arts. 3, 4 and with art. 5)

[^c19053641]: Pt. 2: functions of the Lord Chancellor transferred (19.8.2003) to the Secretary of State by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 4, Sch. 1 (with art. 6) Pt. 2: functions of the Secretary of State transferred (12.1.2006) to the Lord Chancellor by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 3 (with arts. 4, 5)

[^c19072731]: S. 35(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

[^c20521821]: S. 35(2)-(4) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)

[^c11266041]: 1958 c.51.

[^c20521851]: S. 36 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)

[^c20521861]: S. 37 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)

[^c11266071]: 1990 c.41.

[^c20522041]: S. 40 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)

[^c20522051]: S. 41 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)

[^c20522081]: S. 42 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)

[^c11266091]: S. 43 wholly in force at 1.1.2000; s. 43 not in force at Royal Assent see s. 108(1); s. 43 in force for certain purposes at 27.9.1999 by S.I. 1999/2657, art. 2(a); s. 43 in force at. 1.1.2000 insofar as not already in force by S.I. 1999/3344, art. 2(a) (with art. 4)

[^c20512741]: Words in s. 44(1) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 129(a)(i), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2 (with art. 9)