Legalize / United Kingdom / Public General Act

Courts Act 2003

Type Public General Act

Publication 2003-11-20

Last updated 2024-05-02

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

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(e) contain information about the effect of the order.

(2) In this Schedule “the fines officer”, in relation to P and a collection order, means any fines officer working at the fines office specified in the collection order.

Contents of collection orders: no attachment of earnings order etc. made

14

(1) If the relevant court has not under Part 3 made an attachment of earnings order or an application for benefit deductions, the collection order must state the payment terms.

(2) “The payment terms” means—

(a) a term requiring P to pay the sum due within a specified period, or

(b) terms requiring P to pay the sum due by instalments of specified amounts on or before specified dates.

Contents of collection orders: attachment of earnings order etc. made

15

(1) If the court has under Part 3 of this Schedule made an attachment of earnings order or an application for benefit deductions, the collection order must state the reserve terms.

(2) “The reserve terms” means terms of a description mentioned in paragraph 14(2) but which (subject to paragraphs 31, 32 . . . and 39) are to have effect if the attachment of earnings order or application for benefit deductions fails.

When an attachment of earnings order fails

16

For the purposes of this Schedule, an attachment of earnings order fails if—

(a) P’s employer fails to comply with the order, or

(b) the order is discharged at a time when P remains liable to pay any part of the sum due.

When an application for benefit deductions fails

17

For the purposes of this Schedule, an application for benefit deductions fails if—

(a) the application is withdrawn,

(b) the Secretary of State decides not to make deductions,

(d) the Secretary of State ceases to make deductions at a time when P remains liable to pay any part of the sum due.

Part 5 — Discount where collection order made

Application of Part

18

This Part applies if—

(a) a collection order has been made in respect of the sum due, and

(b) the order states that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.

Discount on fine if the sum due is paid without default

19

(1) P is allowed a discount on the fine if the sum due, less the amount of the discount, is paid without P at any time having been in default on the order.

(2) The amount of the discount is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.

(3) The discount is given effect by extinguishing P’s liability to pay the part of the sum due that is equal to the amount of the discount.

Meaning of “in default on a collection order”

20

For the purposes of this Schedule, P is in default on a collection order if he fails to pay any amount due under the payment terms (or, if they have effect, the reserve terms) on or before the date on which it is required to be paid.

Part 6 — Variation of collection orders containing payment terms

Application of Part

21

(1) This Part applies if—

(a) the court has made a collection order, and

(b) the order contains payment terms but does not contain reserve terms.

(2) This Part also applies if a person (“P”) has been given a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).

(3) In the application of this Part in such a case—

(a) “collection order” means the notice of conviction and penalty;

(b) a reference to the collection order being made is a reference to the notice of conviction and penalty being given;

(c) “payment terms” means the requirements as to the time and manner of payment imposed under section 16L (2)(c) of the Magistrates’ Courts Act 1980.

Application to fines officer for variation of order or attachment of earnings order etc.

22

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) P may at any time apply to the fines officer under this paragraph for —

(a) the payment terms to be varied, or

(b) an attachment of earnings order or application for benefit deductions to be made.

(3) No application may be made under sub-paragraph (2)(a) unless—

(a) there has been a material change in P’s circumstances since the collection order was made (or the payment terms were last varied under this paragraph), or

(b) P is making further information about his circumstances available.

(4) On an application under sub-paragraph (2)(a), the fines officer may decide—

(a) to vary the payment terms ..., or

(b) not to vary them.

(4A) The fines officer may not vary the payment terms under sub-paragraph (4)(a) so that they are less favourable to P without P's consent.

(5) On an application under sub-paragraph (2)(b), the fines officer may decide—

(a) to make an attachment of earnings order or application for benefit deductions, or

(b) not to do so.

(6) If he decides to make an order or application he must vary the collection order so that it states reserve terms.

(7) The fines officer may not vary the order so that it states reserve terms which are less favourable to P than the payment terms without P's consent.

(8) A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.

(9) Subject to paragraph 23, the effect of—

(a) a decision under sub-paragraph (4)(a), and

(b) a variation under sub-paragraph (6),

is that the collection order has effect as varied by the fines officer.

Appeal against decision of fines officer

23

(1) P may, within 10 working days from the date of a decision under paragraph 22, appeal to the magistrates' court against the decision.

(2) On an appeal under this paragraph the magistrates' court may—

(a) confirm or vary the payment terms (or the reserve terms),

(b) if the appeal is against a decision on an application under paragraph 22(2)(b) or if P consents, make an attachment of earnings order or an application for benefit deductions, or

(3) If the court makes an attachment of earnings order or an application for benefit deductions, it must vary the collection order so that it states reserve terms.

Nature of power to vary terms of collection order

24

(1) A power to vary the payment terms of a collection order includes power to—

(a) substitute terms requiring P to pay by specified instalments on or before specified dates for a term requiring P to pay within a specified period, or

(b) substitute a term requiring P to pay within a specified period for terms requiring P to pay the sum due by specified instalments on or before specified dates.

(2) Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid within a specified period is a power to vary the date on or before which the sum due is to be paid.

(3) Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid by specified instalments on or before specified dates is a power to vary—

(a) the number of instalments payable;

(b) the amount of any instalment;

(4) This paragraph applies in relation to the variation of the reserve terms as it applies in relation to the payment terms.

Part 7 — Effect of first default on collection order containing payment terms

Application of Part

25

(1) This Part applies on the first occasion on which P is in default on a collection order containing payment terms and none of the following is pending—

(a) an application to a fines officer under paragraph 22 (application for variation of order or for attachment of earnings order etc) that was made at a time when P was not in default on the collection order;

(b) an appeal under paragraph 23 against a decision of a fines officer on an application described in paragraph (a);

(2) This Part also applies on the first occasion on which a person (“P”) is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).

Attachment of earnings order or application for benefit deductions to be made

26

(1) The fines officer must make an attachment of earnings order if it appears to him—

(a) that P is in employment, and

(b) that it is not impracticable or inappropriate to make the order.

(2) The fines officer must make an application for benefit deductions if it appears to him—

(a) that P is entitled to a relevant benefit, and

(b) that it is not impracticable or inappropriate to make the application.

(3) If it appears to the fines officer that (apart from this sub-paragraph) both sub-paragraph (1) and sub-paragraph (2) would apply, he must make either an attachment of earnings order or an application for benefit deductions.

Increase in fine

27

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

Notice of increase etc.

28

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

Part 8 — Operation of collection orders containing reserve terms

Application of Part

29

(1) This Part applies if—

(a) a collection order contains reserve terms, and

(b) the attachment of earnings order or application for benefit deductions made under Part 3 or 6 fails.

(2) This Part also applies if (through the application of Part 6 by virtue of paragraph 21(2))—

(a) a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) contains reserve terms, and

(b) the attachment of earnings order or application for benefit deductions made under Part 6 fails.

Requirement to notify P on failure of an attachment of earnings order etc.

30

The fines officer must deliver to P a notice (“a payment notice”) informing P—

(a) that the order or application has failed and the reserve terms have effect,

(b) what P has to do to comply with the reserve terms, and

Application to fines officer for variation of reserve terms

31

(1) P may, at any time after the date of a payment notice under paragraph 30, apply to the fines officer for the reserve terms to be varied.

(2) No application may be made under sub-paragraph (1) unless—

(a) there has been a material change in P’s circumstances since the reserve terms were set (or last varied under this paragraph), or

(b) P is making further information about his circumstances available.

(3) On such an application being made, the fines officer may decide—

(a) to vary the reserve terms ..., or

(b) not to vary them.

(3A) The fines officer may not vary the reserve terms under sub-paragraph (3)(a) so that they are less favourable to P without P's consent.

(4) A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.

(5) Subject to paragraph 32, the effect of a decision under sub-paragraph (3)(a) is that the collection order has effect with the reserve terms varied in the way decided by the fines officer.

Appeal against decision of fines officer

32

(1) P may, within 10 working days from the date of a decision under paragraph 31(3), appeal to the magistrates' court against the decision.

(2) On an appeal under this paragraph the magistrates' court may—

(a) confirm or vary the reserve terms, or

(b) discharge the order and exercise any of its standard powers in respect of persons liable to pay fines or other sums .

Increase in fine on first default

33

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

Notice of increase etc.

34

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

Part 9 — FURTHER STEPS

Effect of compliance with requirement to contact fines officer

35

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

Application to fines officer after increase for variation of payment terms

36

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

Functions of fines officer in relation to defaulters: referral or further steps notice

37

(1) This paragraph applies if—

(a) P is in default on a collection order,

(b) paragraph 26 does not apply, and

(i) an application to a fines officer under paragraph 31 (application for variation of reserve terms) that was made at a time when P was not in default on the collection order;

(ii) an appeal under paragraph 32 against a decision of a fines officer on an application described in sub-paragraph (i);

(iii) a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).

(1A) This paragraph also applies if—

(a) a person (“P”) is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980), and

(b) paragraph 26 does not apply.

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

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The fines officer must—

(a) refer P’s case to the magistrates' court, or

(b) deliver to P a notice (a “further steps notice”) that he intends to take one or more of the steps listed in paragraph 38.

(7) Any steps that the fines officer wishes to be able to take must be specified in the notice.

(8) A further steps notice must be in writing and dated.

(9) P may, within 10 working days from the date of the further steps notice, appeal to the magistrates' court against it.

The range of further steps available against defaulters

38

(1) The steps referred to in paragraphs 37(6)(b), 37A(3)(a) and 39(3) and (4) (powers to take further steps) are—

(a) issuing a warrant of control for the purpose of recovering the sum due;

(b) registering the sum in the register of judgments and orders required to be kept by section 98;

(d) subject to sub-paragraph (3), making a clamping order;

(e) taking proceedings by virtue of section 87(1) of the 1980 Act (enforcement of payment of fines by High Court and county court).

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A clamping order is an order—

(a) that a motor vehicle be fitted with an immobilisation device (“clamped”), and

(b) which complies with any requirements that are imposed by fines collection regulations under paragraph 46 with respect to the making of clamping orders.

(3) A clamping order must not be made except in relation to a vehicle which is registered under the Vehicle Excise and Registration Act 1994 in P’s name.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of court after increase

39

(1) This paragraph applies if the magistrates' court is hearing P’s case following—

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

(b) a referral under paragraph 37(6)(a) (functions of fines officer in relation to defaulters), or

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

(3) On a referral falling within sub-paragraph (1)(b) , the court may—

(a) vary the payment terms (or the reserve terms);

(b) take any of the steps listed in paragraph 38;

(c) discharge the order and exercise any of its standard powers in respect of persons liable to pay fines or other sums .

(4) On an appeal against a further steps notice or replacement notice , the court may—

(a) confirm or quash the notice;

(b) vary the notice so as to specify any step listed in paragraph 38;

(d) discharge the order and exercise any of its standard powers in respect of persons liable to pay fines or other sums .

Implementation of further steps notice

40

If—

(a) P does not appeal within 10 working days against a further steps notice or replacement notice, or

(b) he does so but the further steps notice or replacement notice is confirmed or varied,

any step specified in the notice (or the notice as varied) may be taken and retaken.

Power to order sale of clamped vehicle

41

(1) This paragraph applies if—

(a) a motor vehicle has been clamped under a clamping order, and

(b) at the end of the period specified in fines collection regulations under paragraph 46 any part of the sum due is unpaid.

(2) The magistrates' court may order that—

(a) the vehicle is to be sold or otherwise disposed of in accordance with those regulations, and

(b) any proceeds are to be applied in accordance with those regulations in discharging P’s liability in respect of the sum due.

Power of fines officer to refer case to magistrates' court

42

(1) The fines officer may refer a case to the magistrates' court at any time during the period which—

(a) begins the day after the collection order is made, and

(b) ends with the date on which—

(i) the sum due (including any increase to which he remains liable) is paid, or

(ii) the order is discharged.

(2) On a referral under this paragraph, the court may—

(a) confirm or vary the payment terms (or the reserve terms),

(b) exercise any of its standard powers in respect of persons liable to pay fines or other sums, or

(2A) Where the court exercises any of its standard powers under sub-paragraph (2)(b) it may also discharge the order.

(3) Fines collection regulations may provide for the fines officer to have the power to issue a summons for the purpose of ensuring that P attends a magistrates' court to whom P’s case has been referred under this paragraph or paragraph 37.

Part 10 — Supplementary provisions

Fines collection regulations

43

In this Schedule “fines collection regulations” means regulations made by the Lord Chancellor for the purpose of giving effect to this Schedule.

44

(1) Fines collection regulations may, for the purpose of giving effect to this Schedule and section 97 so far as it relates to this Schedule, make provision modifying (or applying with modifications) any enactment which relates to fines or the enforcement of payment of sums falling within paragraph 1 .

(2) The enactments which may be so modified (or applied with modifications) include enactments containing offences.

(3) Fines collection regulations may make different provision for different cases.

45

Fines collection regulations may, for the purpose of giving effect to the powers to make attachment of earnings orders, make provision as to the method for calculating the amounts which are to be deducted from P’s earnings.

46

(1) Fines collection regulations may, for the purpose of giving effect to the powers to make clamping orders and to order the sale of clamped motor vehicles, make provision in connection with—

(a) the fitting of immobilisation devices;

(b) the fitting of immobilisation notices to motor vehicles to which immobilisation devices have been fitted;

(d) the release of motor vehicles from immobilisation devices or from storage (including the conditions to be met before the vehicle is released);

(e) the sale or other disposal of motor vehicles not released.

(2) Fines collection regulations must provide that an immobilisation device may not be fitted to a vehicle—

(a) which displays a current disabled person’s badge ;or a current recognised badge , or

(b) in relation to which there are reasonable grounds for believing that it is used for the carriage of a disabled person.

(3) In this Schedule—

“disabled person’s badge” means a badge issued, or having effect as if issued, under regulations made under section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons);

“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked);

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, except that section 189 of the Road Traffic Act 1988 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts. “recognised badge” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain).

47

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

Offences of providing false information, failing to disclose information etc.

48

(1) P commits an offence if, in providing a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) to a fines officer in response to a relevant request, he—

(a) makes a statement which he knows to be false in a material particular,

(b) recklessly provides a statement which is false in a material particular, or

(2) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) P commits an offence if he fails to provide a fines officer with a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) requested by a relevant request.

(4) A person guilty of an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(5) A relevant request is a request for information about P’s financial circumstances (whether about P's assets, P's other financial circumstances or both) which—

(a) is made by a fines officer, and

(b) is expressed to be made for the purpose of determining whether or how the fines officer should vary the payment terms (or the reserve terms) of a collection order in P’s favour.

(6) Proceedings in respect of an offence under this paragraph may be commenced at any time within—

(a) 2 years from the date of the commission of the offence, or

(b) 6 months from its first discovery by the prosecutor,

whichever ends first.

Offence of meddling with vehicle clamp

49

(1) A person commits an offence if he removes or attempts to remove—

(a) an immobilisation device, or

(b) an immobilisation notice,

fitted or fixed to a motor vehicle in accordance with a clamping order made under a further steps notice or under paragraph 39(3)(b) (powers of court . . . ).

(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Meaning of “standard powers in respect of persons liable to pay fines”

50

In this Schedule “standard powers in respect of persons liable to pay fines or other sums” means any power that a magistrates' court would have had if P had not been subject to a collection order but had been liable to pay the sum due.

Meaning of references to pending appeals

51

For the purposes of this Schedule the period during which an appeal under this Schedule is pending is to be treated as including the period within which the appeal may be brought (regardless of whether it is in fact brought).

Meaning of “10 working days”

52

In this Schedule “10 working days” means any period of 10 days not including—

(a) Saturday or Sunday,

(b) Christmas Day or Good Friday, or

Meaning of “the magistrates' court”

53

In this Schedule “the magistrates' court”, in relation to a collection order, means any magistrates' court acting in the local justice area in which the court which made the order was sitting.

SCHEDULE 6

Introductory

1

(1) This Schedule applies if a person aged 18 or over (“P”) is liable to pay a sum which is or is treated for the purposes of Part 3 of the 1980 Act as a sum adjudged to be paid by conviction of a magistrates' court.

(2) In this Schedule—

“the prescribed hourly sum” means such sum as may be prescribed by regulations;

“regulations” means regulations made under this Schedule by the Lord Chancellor;

“the relevant court” means—the court imposing the liability to pay the relevant sum, orif that liability has previously been imposed, the magistrates' court responsible for enforcing payment of the relevant sum;

“the relevant sum” means the sum for which P is liable as mentioned in sub-paragraph (1), but excluding any pecuniary compensation, any pecuniary forfeiture or any sum due in respect of prosecution costs.

Cases where work order may be made

2

(1) The relevant court may, on the application of a fines officer or of its own motion, make an order under this Schedule (a “work order”) where—

(a) it appears to the court that in view of P’s financial circumstances all the following methods of enforcing payment of the relevant sum are likely to be impracticable or inappropriate—

(i) a warrant of control under section 76 of the 1980 Act,

(ii) an application to the High Court or county court for enforcement under section 87 of the 1980 Act,

(iii) an order under section 88 of the 1980 Act,

(iv) an attachment of earnings order,

(v) an application for deductions to be made by virtue of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from universal credit and income support etc.), and

(vi) a collection order under Schedule 5 (including a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) in a case where, by virtue of paragraph 21(3) of Schedule 5, that notice is treated as a collection order),

(b) it appears to the court that P is a suitable person to perform unpaid work under this Schedule, and

(2) A court which is considering the making of a work order may issue a summons requiring P to appear before the court.

(3) A magistrates' court which is considering the making of a work order may order P to give to the court, within a specified period, such a statement of his assets and other financial circumstances as the court may require.

(4) Subsections (2) to (4) of section 84 of the 1980 Act (offences in respect of statement of assets and other financial circumstances) apply to an order made under sub-paragraph (3) as they apply to an order made under subsection (1) of that section.

Provisions of order

3

(1) A work order is an order requiring P to perform unpaid work for a specified number of hours, in accordance with instructions to be given by the fines officer, in order to discharge by virtue of this Schedule his liability for the relevant sum.

(2) The order must also—

(a) state the amount of the relevant sum,

(b) specify a fines office to which the order is allocated, and

(3) The specified number of hours is to be determined by dividing the relevant sum by the prescribed hourly sum and, where the result is not a whole number, adjusting the result upwards to the next whole number.

(4) A work order must specify a date (“the specified date”) not later than which the required hours of unpaid work must be performed.

(5) In the following provisions of this Schedule “the fines officer”, in relation to P, means any fines officer working at the fines office specified in the work order.

Effect of order on enforcement of payment

4

(1) Where a work order has been made in respect of the relevant sum, payment of that sum may not be enforced against P unless the order is revoked.

(2) On making a work order, the court must revoke any order relating to the enforcement of the payment of the relevant sum.

Appointment of, and duties of, supervisor

5

(1) A person may not be appointed as the supervisor without his consent.

(2) It is the duty of the supervisor—

(a) to monitor P’s compliance with the requirements of the work order, and

(b) to provide the court with such information as the court may require relating to P’s compliance with those requirements.

Obligations of person subject to work order, and effect of compliance

6

(1) Where a work order is in force, P must perform for the number of hours specified in the order such work, at such places and at such times as he may be instructed by the fines officer.

(2) The fines officer must ensure, as far as practicable, that any instructions given to P in pursuance of the work order are such as to avoid—

(a) any conflict with P’s religious beliefs, and

(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(3) If not later than the specified date P performs work in accordance with the instructions of the fines officer for the specified number of hours, his liability to pay the relevant sum is discharged.

Effect of payment

7

(1) Where a work order has been made in respect of any sum—

(a) on payment of the whole of the sum to any person authorised to receive it, the work order ceases to have effect, and

(b) on payment of part of the sum to any such person, the number of hours specified in the order is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole of the relevant sum.

(2) In calculating any reduction required by sub-paragraph (1)(b), any fraction of an hour is to be disregarded.

Revocation or variation of order

8

(1) If, on the application of the fines officer, it appears to the relevant court that P is failing or has failed to comply with a work order without reasonable excuse, the court must revoke the order.

(2) If, on the application of the fines officer, it appears to the relevant court—

(a) that P has failed to comply with a work order but has a reasonable excuse for the failure, or

(b) that, because of a change in circumstances since the order was made, P is unlikely to be able to comply with a work order,

the court may revoke the order or postpone the specified date.

(3) The relevant court may of its own motion revoke a work order if it appears to the court that, because of a change in circumstances since the order was made, P is unlikely to be able to comply with the order.

(4) A work order may be revoked under any of sub-paragraphs (1) to (3), or varied under sub-paragraph (2), before the specified date (as well as on or after that date).

(5) Regulations may provide for the fines officer to have the power to issue a summons for the purpose of ensuring that P attends the court to which an application has been made under sub-paragraph (1) or (2).

Allowing for work done

9

(1) If it appears to the court revoking a work order under paragraph 8(1), (2) or (3) that P has performed at least one hour of unpaid work in accordance with the instructions of the fines officer, the court must by order specify the number of hours of work that have been performed; and for this purpose any fraction of an hour is to be disregarded.

(2) Where the court has specified a number of hours under this paragraph, P’s liability to pay the relevant sum is discharged to the extent of the prescribed hourly sum in respect of each hour.

Effect of revocation

10

(1) Where a work order is revoked under paragraph 8(1), (2) or (3), immediate payment of the relevant sum (subject to any reduction under paragraph 9(2)) may be enforced against P.

(2) Sub-paragraph (1) does not limit the court’s power, on or after the revocation of the work order, to allow time for payment or to direct payment by instalments.

Order not directly enforceable

11

The obligations of P under a work order are not enforceable against him except by virtue of paragraph 10(1).

Evidence of supervisor

12

(1) This paragraph applies where—

(a) it falls to a court to determine whether P has performed unpaid work in accordance with a work order, and

(b) the court is satisfied—

(i) that the supervisor is likely to be able to give evidence that may assist the court in determining that matter, and

(ii) that the supervisor will not voluntarily attend as a witness.

(2) The court may issue a summons directed to that person requiring him to attend before the court at the time and place appointed in the summons to give evidence.

Provision of information

13

Regulations may—

(a) require a work order to contain prescribed information,

(b) require the court making a work order to give a copy of the order to such persons as may be prescribed, and

(c) require the court revoking or varying a work order to give notice of the revocation or variation to such persons as may be prescribed.

SCHEDULE 7

Enforcement officers: general

Districts for writs of execution enforced by enforcement officers

1

(1) England and Wales is to be divided into districts for the purposes of this Schedule.

(2) The districts are to be those specified in regulations made under paragraph 12.

Enforcement officers: authorisation and assignment to districts

2

(1) An enforcement officer is an individual who is authorised to act as such by the Lord Chancellor or a person acting on his behalf.

(2) The Lord Chancellor or a person acting on his behalf must assign at least one enforcement officer to each district.

(3) The Lord Chancellor or a person acting on his behalf may—

(a) assign an enforcement officer to more than one district, and

(b) change any assignment of an enforcement officer so that he is assigned to a different district or to different districts.

Direction of writs of execution to enforcement officers

3

(1) A writ of execution issued from the High Court may be directed—

(a) if only one enforcement officer is assigned to the district in which the writ is to be executed, to that officer,

(b) if two or more enforcement officers are assigned to that district, to those officers collectively, or

(2) In this paragraph “writ of execution” does not include—

(a) a writ of sequestration, or

(b) a writ relating to ecclesiastical property.

Enforcement officers to have traditional powers etc. of sheriff

4

(1) This paragraph applies in relation to writs directed to one or more enforcement officers under paragraph 3 and warrants issued to one or more enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b) .

(1A) But it is subject to Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 in the case of a writ conferring power to use the procedure in that Schedule.

(2) The relevant officer has, in relation to the writ, the duties, powers, rights, privileges and liabilities that a sheriff of a county would have had at common law if—

(a) the writ had been directed to him, and

(b) the district in which it is to be executed had been within his county.

(2A) The relevant officer has, in relation to the warrant, the duties, powers, rights, privileges and liabilities that a sheriff of a county would have had at common law if—

(a) the warrant had been issued to him, and

(b) the district in which it is to be executed had been within his county.

(3) “The relevant officer” means—

(a) in relation to a writ—

(i) if the writ is directed to a single enforcement officer under paragraph 3(1)(a) or (c), that officer;

(ii) if the writ is directed to two or more enforcement officers collectively under paragraph 3(1)(b), the officer to whom, in accordance with approved arrangements, the execution of the writ is allocated,

(b) in relation to a warrant—

(i) if the warrant is issued to a single enforcement officer in accordance with paragraph 3A(2)(a) or (b), that officer;

(ii) if the warrant is issued to two or more enforcement officers collectively in accordance with paragraph 3A(2)(a), the officer to whom, in accordance with approved arrangements, the execution of the warrant is allocated.

(4) Sub-paragraphs (2) and (2A) apply to a person acting under the authority of the relevant officer as they apply to the relevant officer.

(5) In this Schedule “approved arrangements” means arrangements approved by the Lord Chancellor or a person acting on his behalf.

Constable’s duty to assist enforcement officers

5

It is the duty of every constable, at the request of—

(a) an enforcement officer, or

(b) a person acting under the officer’s authority,

to assist the officer or that person in the execution of a writ or warrant.

Writs of execution against goods

Application of paragraphs 7 to 11

6

(1) Paragraph 7 applies to any writ of execution against goods which is issued from the High Court.

(2) Paragraphs 8 to 11—

(a) do not apply to any writ that confers power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, but

(b) apply to any other writ of execution against goods which is issued from the High Court.

Endorsement of writ with date and time of receipt

7

(1) If the writ is directed to a single enforcement officer under paragraph 3(1)(a) or (c), that officer must endorse it as soon as possible after receiving it.

(2) If the writ is directed to two or more enforcement officers collectively under paragraph 3(1)(b), the individual who, in accordance with approved arrangements, is responsible for allocating its execution to one of those officers, must endorse it as soon as possible after receiving it.

(3) If the writ is directed to a person who is not an enforcement officer but is under a duty to execute it, that person must endorse it as soon as possible after receiving it.

(4) For the purposes of this paragraph, a person endorses a writ by endorsing on the back of it the date and time when he received it.

(5) No fee may be charged for endorsing a writ under this paragraph.

Effect of writ

8

(1) Subject to sub-paragraph (2), the writ binds the property in the goods of the execution debtor from the time when the writ is received by the person who is under a duty to endorse it.

(2) The writ does not prejudice the title to any goods of the execution debtor acquired by a person in good faith and for valuable consideration.

(3) Sub-paragraph (2) does not apply if the person acquiring goods of the execution debtor had notice, at the time of the acquisition, that—

(a) the writ, or

(b) any other writ by virtue of which the goods of the execution debtor might be seized or attached,

had been received by the person who was under a duty to endorse it but had not been executed.

(4) Sub-paragraph (2) does not apply if the person acquiring goods of the execution debtor had notice, at the time of the acquisition, that—

(a) an application for the issue of a warrant of execution against the goods of the execution debtor had been made to the ... county court, and

(b) the warrant issued on the application remained unexecuted in the hands of a person charged with its execution.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of sub-paragraph (2) a thing shall be treated as done in good faith if it is in fact done honestly (whether it is done negligently or not).

(7) Any reference in this paragraph to the goods of the execution debtor includes anything else of his that may lawfully be seized in execution.

Seizure of goods

9

(1) This paragraph applies where an enforcement officer or other person who is under a duty to execute the writ is executing it.

(2) The officer may, by virtue of the writ, seize—

(a) any goods of the execution debtor that are not exempt goods, and

(b) any money, banknotes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the execution debtor.

(3) “Exempt goods” means—

(a) such tools, books, vehicles and other items of equipment as are necessary to the execution debtor for use personally by him in his employment, business or vocation;

(b) such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the execution debtor and his family.

Sale of goods seized

10

(1) This paragraph applies if—

(a) a writ of execution has been issued from the High Court,

(b) goods are seized under the writ by an enforcement officer or other person under a duty to execute it, and

(2) The sale must be—

(a) made by public auction, and not by bill of sale or private contract, unless the court otherwise orders, and

(b) publicly advertised on, and during the three days preceding, the day of sale.

(3) If the person who seized the goods has notice of another execution or other executions, the court must not consider an application for leave to sell privately until the notice prescribed by Civil Procedure Rules has been given to the other execution creditor or creditors.

(4) An execution creditor given notice under sub-paragraph (3) is entitled—

(a) to appear before the court, and

(b) to be heard on the application for the order.

Protection of officers selling seized goods

11

(1) This paragraph applies if—

(a) a writ of execution has been issued from the High Court,

(b) goods in the possession of an execution debtor are seized by an enforcement officer or other person under a duty to execute the writ, and

(2) If this paragraph applies—

(a) the purchaser of the goods acquires a good title to them, and

(b) no person is entitled to recover against the officer or anyone acting under his authority—

(i) for any sale of the goods, or

(ii) for paying over the proceeds prior to the receipt of a claim to the goods,

unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable enquiry have ascertained, that the goods were not the property of the execution debtor.

(3) Nothing in this paragraph affects the right of a lawful claimant to any remedy to which he is entitled against any person other than the enforcement officer or other officer charged with the execution of the writ.

(4) “Lawful claimant” means a person who proves that at the time of sale he had a title to any goods seized and sold.

(5) This paragraph is subject to sections 183, 184 and 346 of the Insolvency Act 1986.

Supplementary

Regulations

12

(1) The Lord Chancellor may make regulations for the purpose of giving effect to the provisions of this Schedule that relate to enforcement officers.

(2) The regulations may, in particular, make provision as to—

(a) conditions to be met by individuals seeking to be authorised to act as enforcement officers;

(b) the circumstances in which authorisations may be terminated;

(d) the publication of—

(i) lists of enforcement officers assigned to each district, and

(ii) addresses to which writs of execution issued from the High Court to enforcement officers , or warrants issued to enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b), may be sent.

(3) Subject to paragraph 7(5) the regulations may make provision for the determination of fees that may be charged by enforcement officers.

(4) Before making any regulations under this paragraph, the Lord Chancellor must consult—

(a) the Lord Chief Justice,

(b) the Master of the Rolls,

(ba) the President of the Queen's Bench Division,

(d) the Chancellor of the High Court, and

(e) the Head of Civil Justice.

SCHEDULE 8

Parochial Libraries Act 1708 (c. 14)

1

In section 10 (warrant to search for lost books), omit “for the commission area”.

Distress for Rent Act 1737 (c. 19)

2

In section 4 (application to justices where goods carried off or concealed), omit “of the same commission area”.

3

In section 16 (possession of property deserted by tenant), omit “of the county, riding, division, or place”.

Inclosure Act 1773 (c. 81)

4

In section 4 (issue of warrant for recovery of expenses by distress and sale), omit—

(a) “under the hand and seal”, and

(b) “of the commission area wherein such common field lands shall lie”.

Sale of Farming Stock Act 1816 (c. 50)

5

In section 10 (indemnity to sheriff and others acting under the provisions of the Act), for “or under sheriff” substitute “ , under sheriff or other officer ”.

Burial Ground Act 1816 (c. 141)

6

In section 2 (verification of value of land), omit “for the commission area in which such land is situated”.

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

7

In section 1 (recovery of rates or assessments), omit “acting for any commission area, in petty sessions assembled”.

8

In section 2 (form of warrant or distress), omit “for the said (county, riding, or division, as the case may be)”.

Judgments Act 1838 (c. 110)

9

In section 12 (sheriff may seize money, bank notes, etc.), after “poundage and expences” insert “ or other officer’s fees ”.

Metropolitan Police Act 1839 (c. 47)

10

For section 75 (meaning of “magistrate”), substitute—

(75) In this Act “magistrate” means any two justices of the peace sitting together in public.

Ordnance Survey Act 1841 (c. 30)

11

In section 2 (dispute as to damage caused during survey)—

(a) for “by any two or more justices in petty sessions assembled of the place in which the lands, grounds, heritages, or trees may be situate” substitute “ by a magistrates' court ”, and

(b) for “the justices, may appeal” substitute “ the magistrates' court, may appeal ”.

Railway Regulation Act 1842 (c. 55)

12

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

Defence Act 1842 (c. 94)

13

(1) In section 24 (compensation for damage caused by temporary buildings), omit “of the county, riding, city, or place”.

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

London Hackney Carriages Act 1843 (c. 86)

14

(1) Amend section 24 (proceedings with respect to licences on quitting service) as follows.

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

(3) In that subsection—

(a) for “any time not exceeding” substitute “ a time which, excluding any day mentioned in subsection (2), does not exceed ”,

(b) for “the magistrates' court for the petty sessions area in which the said proprietor shall dwell” substitute “ a magistrates' court ”,

(d) for “justices' chief executive for such” substitute “ designated officer for the ”,

(e) for “twenty-four hours, exclusive of Sunday or any day on which the magistrates' court shall not sit,” substitute “ that time ”, and

(f) for “at the same magistrates' court” substitute “ to a magistrates' court ”.

(4) After that subsection insert—

(2) The days are— (a) Saturday or Sunday; (b) Christmas Day or Good Friday; (c) a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

Companies Clauses Consolidation Act 1845 (c. 16)

15

In section 3 (interpretation), omit the words from “The word “justice”” to “acting together in petty sessions”.

16

In section 18 (transmission of shares by other means than transfer to be authenticated by a declaration), for the words from “before a justice” to “and such declaration” substitute “ before a justice or a person authorised to administer oaths; and such declaration ”.

17

In section 33 (evidence as to forfeiture of shares), for the words from “before any justice” to “that the call” substitute “ before any justice or a person authorised to administer oaths, that the call ”.

18

Paragraphs 15 to 17 extend only to England and Wales.

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)

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 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 ”.

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 “ 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

24

Paragraphs 20 to 23 extend only to England and Wales.

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 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:”.

(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.

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)

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 “acting together:”.

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

Hares Act 1848 (c. 29)

32

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)—

(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 ”,

(d) for “issued such warrant or process shall have jurisdiction” substitute “ issued such warrant or process is acting or has jurisdiction ”, and

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

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 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.)—

(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 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 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:”.

(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)—

(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

43

Paragraphs 41 and 42 do not extend to Northern Ireland.

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.

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

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 ”.

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” 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 (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 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 3 months), omit “or sued” and “, or such action shall be brought,”,

(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 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—

In England and Wales— (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 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—

(a) paragraph 10 of Schedule 10 to the Access to Justice Act 1999, 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)

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)

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)—

(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

(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” 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.

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— (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).

(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.

(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 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.

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)

65

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

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)

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”.

69

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

70

(1) In section 7(2) (power to make rules about proceedings under the Act), for 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 “, 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” substitute “ magistrates' court ”.

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—

(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.

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 ”.

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 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 ”.

(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

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

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 ”.

(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 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—

(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)

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

Marriage Act 1949 (c. 76)

85

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

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

88

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89

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90

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91

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

(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 ”.

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

92

(1) Amend section 28(1) (interpretation) as follows.

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

(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

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)

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)

95

In—

(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 ”.

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

(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 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)

98

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99

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

100

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

101

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

102

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103

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

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”.

(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 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”.

(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 ”;

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

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)

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 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 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 “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 as subsection (5A), and

(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.

(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” 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 a local justice area, is a justices' clerk designated by the Lord Chancellor in relation to the committee ”.

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 to Greater 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)

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 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—

(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— (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).

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)

126

In each of the following provisions, for “Crown Court rules”, in each place it occurs, substitute “ Criminal Procedure Rules ”

(a) section 2(7), (8) and (9) (issue of witness summons on application to Crown Court),

(b) section 2B(2) and (3) (summons no longer needed),

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

National Loans Act 1968 (c. 18)

127

In Schedule 4 (local loans), in paragraph 1, in paragraph (a) of the definition of “local authority”—

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

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

Criminal Appeal Act 1968 (c. 19)

128

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

129

Omit section 48 (appeal in capital cases).

130

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

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

131

Omit—

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

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

Gaming Act 1968 (c. 65)

132

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133

(1) Amend Schedule 3 (registration of members' clubs in England and Wales) as follows.

(2) In—

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

(b) paragraph 13(1),

(d) paragraph 16(1),

(e) paragraph 17(3) (in both places),

(f) paragraph 23, and

(g) paragraph 24(1) and (2),

for “chief executive to” substitute “ designated officer for ”.

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

134

In Schedule 7 (registration for gaming by means of machines), in—

(a) paragraphs 3(1) and 4(1),

(b) paragraph 11(1) (in both places),

(d) paragraphs 13(1) and 14,

(e) paragraph 20(1) (in both places), and

(f) paragraphs 24 and 25(1) and (2),

for “chief executive to” substitute “ designated officer for ”.

Children and Young Persons Act 1969 (c. 54)

135

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

136

In section 23A(2)(a) (court appearance of person arrested for breaking remand conditions), omit “for the petty sessions area in which he was arrested”.

Taxes Management Act 1970 (c. 9)

137

In section 4(7) (power to appoint officers and staff for carrying out the administrative work of the Special Commissioners), for “section 27 of the Courts Act 1971” substitute “ section 2(1) of the Courts Act 2003 ”.

Administration of Justice Act 1970 (c. 31)

138

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