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

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Reform history JSON API

In section 41(5) (enforcement of orders for payment of costs and compensation made before the appointed day), for “the magistrates' court for the petty sessions area” substitute “ a magistrates' court acting in the local justice area ”.

Courts Act 1971 (c. 23)

139

Omit—

(a) section 27 (administrative and other court staff),

(b) section 28 (provision of accommodation), and

140

In section 52(3) (award of costs where information or complaint is not proceeded with)—

(a) in paragraph (b), for “acting for any area” substitute “ acting in any local justice area ”, and

(b) for “for that area” substitute “ acting in that area ”.

Attachment of Earnings Act 1971 (c. 32)

141

In section 3(1)(c) (persons who may apply for an attachment of earnings order), for “a justices' chief executive, that justices' chief executive” substitute “ the designated officer for a magistrates' court, that officer ”.

142

In section 6(7)(c) (collecting officer in case of order made by magistrates' court), for “justices' chief executive for that court or for” substitute “ designated officer for that court or for ”.

143

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144

In section 21(2)(a)(ii) (costs to be sum due), for “justices' chief executive for the” substitute “ designated officer for the magistrates' ”.

145

In section 25(1) (interpretation), omit the definition of “rules of court” and “and” before it.

Fire Precautions Act 1971 (c. 40)

146

In section 43(1) (interpretation), in the definition of “the court”, omit “acting for the petty sessions area in which they are situated”.

Immigration Act 1971 (c. 77)

147

In section 25D(6)(a) (court to which application may be made following detention of ships, aircraft and vehicles), for sub-paragraphs (i) and (ii) substitute—

(ia) if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;

148

(1) Amend section 28K (execution of search warrants issued to immigration officers) as follows.

(2) For subsection (9)(a), substitute—

(a) if issued by a justice of the peace in England and Wales, to the designated officer for the local justice area in which the justice was acting when he issued the warrant;

(3) In subsection (10), for “justices' chief executive” substitute “ designated officer ”.

149

(1) Amend Schedule 2 (administrative provisions about control on entry) as follows.

(2) In paragraphs 23(1A)(a) and 31(3A)(a), for “justices' chief executive” substitute “ designated officer ”.

(3) In paragraphs 23(3) and 31(4), for “purposes of the Justices of the Peace Act 1997 and, in particular section 60 of that Act, as being” substitute “ purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as being ”.

(4) In paragraphs 24(2)(a) and 33(2)(a), after “hours, before” insert “ in England and Wales, a justice of the peace, in Northern Ireland, ”.

150

(1) Amend Schedule 3 (supplementary provisions about deportation) as follows.

(2) After paragraph 6(2) insert—

(2A) Where the Crown Court directed release, the appropriate court is that court or a magistrates' court.

(3) In paragraph 6(3), omit “the Crown Court or” and “commission area or”.

(4) In paragraph 8(1)—

(a) for “England or Wales or” substitute “ England or Wales in pursuance of paragraph 7 above shall be brought as soon as practicable and in any event within twenty-four hours after his arrest before a justice of the peace in England or Wales, and a person arrested in ”;

(b) omit “area or”.

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

151

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152

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153

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154

In section 17(4) (proceedings in magistrates' courts)—

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

(b) after “Northern Ireland,” insert “ acting for the same ”.

155

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

(2) In subsection (1)—

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

(b) in paragraph (a), for “for a particular petty sessions area” substitute “ in a particular local justice area ”, and for “for such other petty sessions area” substitute “ in such other local justice area ”.

(3) In subsection (1A), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “ rules of court ”.

156

In section 21(1) (interpretation of Part 1), in the definition of “prescribed”, omit—

(a) “in England and Wales or”,

(b) “by rules made under section 144 of the Magistrates' Courts Act 1980 or”, and

157

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158

In section 26(6) (application for recovery of maintenance in convention country)—

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

(b) in paragraph (b), after “district” insert “ in which the applicant is residing ”.

159

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160

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161

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162

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163

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164

In section 47(3) (construction of references to the jurisdiction of a court), for the words from “construed in relation” onwards substitute

construed— (a) in relation to a magistrates' court in England and Wales as a reference to the local justice area in which the court acts, and (b) in relation to a magistrates' court in Northern Ireland as a reference to the petty sessions district for which the court acts.

Civil Evidence Act 1972 (c. 30)

165

Omit section 2(8) (power to make rules of court under section 2 is without prejudice to other such powers).

Criminal Justice Act 1972 (c. 71)

166

In section 51(4) (execution of process between England and Wales and Scotland), for “by virtue of section 45(1) of the Justices of the Peace Act 1997, as it has” substitute “ by virtue of section 28(1) of the Courts Act 2003, as it has ”.

Administration of Justice Act 1973 (c. 15)

167

In section 5 (consequential) omit “Paragraph 7 of”.

168

In Schedule 1 (justices of the peace: consequential re-enactments and amendments), omit paragraphs 7 to 7B and 10(1).

Matrimonial Causes Act 1973 (c. 18)

169

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170

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Breeding of Dogs Act 1973 (c. 60)

171

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Juries Act 1974 (c. 23)

172

In—

(a) section 9(3) (appeal against refusal to excuse from jury service), and

(b) section 9A(3) (appeal against refusal to defer jury service),

for “Crown Court rules” substitute “ Criminal Procedure Rules ”.

173

In section 14 (views by jurors), for “Crown Court rules, and rules of court for civil cases,” substitute “ Criminal Procedure Rules and Civil Procedure Rules ”.

174

In Schedule 1 (jury service: ineligibility, disqualification and excusal), in Group B, omit “Justices' chief executives,”.

Friendly Societies Act 1974 (c. 46)

175

For section 102 (jurisdiction of magistrates' courts) substitute—

(102) (1) In Northern Ireland, a registered society or branch or any officer thereof may be prosecuted for any summary offence under this Act before a magistrates' court acting for the county court division in which the registered office of the society or branch is situated. (2) Subsection (1) is without prejudice to the provisions of the Magistrates' Courts (Northern Ireland) Order 1981 as to the jurisdiction of a magistrates' court.

Solicitors Act 1974 (c. 47)

176

(1) Amend section 38 (circumstances in which solicitor who is justice of the peace may not act as solicitor) as follows.

(2) In subsection (1), for “for any area, or for any partner of his, to act in connection with proceedings before any of those justices” substitute “ assigned to any local justice area, or for any partner of his, to act in connection with proceedings before any justice of the peace acting in that area ”.

(3) Omit subsections (2) and (3).

(4) In subsection (3A)—

(a) for “for any petty sessions” substitute “ in any local justice ”, and

(b) for “acting for” substitute “ acting in ”.

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

177

In section 7 (rules of court)—

(a) for the words from “The power” to “1981 or” substitute “ Civil Procedure Rules or rules of court under ”, and

(b) for “shall include power to make rules of court under” substitute “ may make provision ”.

Salmon and Freshwater Fisheries Act 1975 (c. 51)

178

In paragraph 14 of Schedule 4 (offences: delivery of licences and certificates of conviction), for “justices' chief executive” substitute “ designated officer ”.

Safety of Sports Grounds Act 1975 (c. 52)

179

In section 17(1) (interpretation), in the definition of “the court”, omit “acting for the petty sessions area in which they are situated”.

Bail Act 1976 (c. 63)

180

In section 2 (definitions), omit the definitions of “Crown Court rules”, “magistrates' courts rules” and “Supreme Court rules”.

181

In section 3AA (electronic monitoring of compliance with bail conditions), in each of subsections (4)(a) and (12), for “petty sessions area” substitute “ local justice area ”.

182

In section 5(10) (meaning of “prescribed” in section 5), for “Supreme Court rules, Courts-Martial Appeal rules, Crown Court rules or magistrates' courts rules” substitute “ Civil Procedure Rules, Courts-Martial Appeal rules or Criminal Procedure Rules ”.

183

(1) Amend section 5B (reconsideration of decisions granting bail) as follows.

(2) In subsection (8), omit “for the petty sessions area in which he was arrested”.

(3) In subsection (9), for “Magistrates' court rules” substitute “ Criminal Procedure Rules ”.

184

In section 6(9)(c)(i) (certification of copy of record), for “justices' chief executive” substitute “ designated officer for the court ”.

185

In section 7(4)(a) (appearance before justice following arrest for absconding or breaking bail conditions), omit “for the petty sessions area in which he was arrested”.

186

(1) Amend section 8 (bail with sureties) as follows.

(2) In subsection (4)—

(a) in paragraph (a), for “magistrates' courts rules” substitute “ Criminal Procedure Rules ”,

(b) in paragraph (b), for “Crown Court rules” substitute “ Criminal Procedure Rules ”,

(d) for “Supreme Court rules, Crown Court rules, Courts-Martial Appeal rules or magistrates' courts rules” substitute “ Civil Procedure Rules, Criminal Procedure Rules or Courts-Martial Appeal rules ”.

(3) In subsection (5)(b), omit “for the petty sessions area in which he resides”.

Race Relations Act 1976 (c. 74)

187

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Administration of Justice Act 1977 (c. 38)

188

Omit section 22 (membership of rule committees).

Criminal Law Act 1977 (c. 45)

189

(1) Amend section 10 (obstruction of court officers executing process for possession against unauthorised occupiers) as follows.

(2) Before subsection (1) insert—

(A1) A person is guilty of an offence if he resists or intentionally obstructs any person who— (a) is an enforcement officer, or is acting under the authority of an enforcement officer; and (b) is engaged in executing a writ issued from the High Court.

(3) In subsection (3), for “an officer of a court” substitute “ an enforcement officer, a person acting under the authority of an enforcement officer or an officer of a court (as the case may be) ”.

(4) In subsection (5), after “uniform” insert “ , an enforcement officer ”.

(5) For subsection (6), substitute—

(6) In this section— “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003; “officer of a court” means— (a) any sheriff, under sheriff, deputy sheriff, bailiff or officer of a sheriff; and (b) any bailiff or other person who is an officer of a county court within the meaning of the County Courts Act 1984.

(6) In the section heading, for “court officers executing process for possession against unauthorised occupiers” substitute “ enforcement officers and court officers executing High Court or county court process ”.

190

In section 48(1) (power to make rules as to furnishing of information by prosecutor in criminal proceedings), for the words from “The power” to “include power to” substitute “ Criminal Procedure Rules may ”.

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

191

In section 6(9) (restrictions on power to make order where respondent not present at hearing), for “rules” substitute “ rules of court ”.

192

(1) Amend section 20ZA (variation of orders for periodical payments) as follows.

(2) In subsection (2), for “clerk to the justices for the petty sessions area for which the court is acting” substitute “ court ”.

(3) In subsection (3)—

(a) for “the clerk” substitute “ a justices' clerk ”, and

(b) for “to the justices' chief executive for the court” substitute “ to the designated officer for the court ”.

(4) In subsection (10), for “the clerk to the justices” substitute “ a justices' clerk ”.

193

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194

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195

(1) Amend section 32 (enforcement of orders for payment of money) as follows.

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

(3) In subsection (6), for “rules” substitute “ rules of court ”.

196

(1) Amend section 35 (orders for repayment of sums paid after cessation of order by reason of marriage) as follows.

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

(3) In subsection (8), for “, the officer designated by the Lord Chancellor or the justices' chief executive” substitute “ or the officer designated by the Lord Chancellor ”.

197

(1) Amend section 88 (interpretation) as follows.

(2) In subsection (1), omit the definition of “rules”.

(3) In subsection (4), for “for the same petty sessions” substitute “ in the same local justice ”.

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

198

(1) Amend Schedule 1 (appeals to House of Lords in certain criminal matters) as follows.

(2) In paragraph 1(2), omit “Except in a case involving sentence of death,”.

(3) Omit paragraph 2.

Protection of Children Act 1978 (c. 37)

199

(1) Amend section 4 (entry, search and seizure) as follows.

(2) In subsection (1), omit “in the petty sessions area for which he acts”.

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

200

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

In section 4 (supplemental), in subsection (4)(a), for “justices' chief executive” substitute “ designated officer ”.

Magistrates' Courts Act 1980 (c. 43)

201

Omit section 3 (offences committed on boundaries etc.).

202

In section 6(5) (display of details of committal proceedings), for “justices' chief executive for” substitute “ designated officer for ”.

203

In section 12 (non-appearance of accused), in—

(a) subsection (1)(b),

(b) subsection (4) (in both places), and

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

204

(1) Amend section 12A (application of section 12 where accused appears) as follows.

(2) In subsection (1), for “clerk of” substitute “ designated officer for ”.

(3) In subsection (2)—

(a) for “clerk of” substitute “ designated officer for ”, and

(b) for “clerk” substitute “ designated officer ”.

205

(1) Amend section 14 (proceedings invalid where accused did not know of them) as follows.

(2) In subsection (1), for “justices' chief executive for the court” substitute “ designated officer for the court ”.

(3) In subsection (2), for “justices' chief executive” substitute “ designated officer ”.

206

In section 43(2) (enforcement of recognizance of a surety for person granted bail), for “for the petty sessions” substitute “ acting in the local justice ”.

207

In section 47 (service of summons out of time after failure to prove service by post) for “the rules” (in the first place where it occurs) substitute “ rules of court ”.

208

(1) Amend section 59 (orders for periodical payment: means of payment) as follows.

(2) In subsection (3)(b), for “a justices' chief executive” substitute “ the designated officer for the court or for any other magistrates' court ”.

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

209

(1) Amend section 59A (orders for periodical payment: proceedings by justices' chief executive) as follows.

(2) In subsection (1)—

(a) for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”,

(b) for “the relevant justices' chief executive” substitute “ the relevant designated officer ”, and

(3) In subsection (2)—

(a) for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”, and

(b) for “the relevant justices' chief executive for him” substitute “ the relevant designated officer for him ”.

(4) In subsection (3), for “the relevant justices' chief executive, he” substitute “ the relevant designated officer, he ”.

(5) In subsection (4)—

(a) for “a justices' chief executive” substitute “ the relevant designated officer ”,

(b) for “justices' chief executive cancelling” substitute “ relevant designated officer cancelling ”, and

(6) In subsection (7), for the definition of “the relevant justices' chief executive” substitute—

“the relevant designated officer”, in relation to an order, means— (a) in a case where payments under the order are required to be made to or through the designated officer for a magistrates' court, the designated officer for that magistrates' court; (b) in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was made by a magistrates' court, the designated officer for that magistrates' court; and (c) in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was not made by a magistrates' court, the designated officer for the magistrates' court in which the order is registered;

(7) In the section heading, for “justices' chief executive” substitute “ designated officer ”.

210

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211

(1) Amend section 60 (revocation, variation, etc. of orders for periodical payment) as follows.

(2) In subsection (4), omit “the clerk of”.

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

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

212

(1) In section 61(1) (periodical payments payable by one person under more than one order), for “The power to make rules conferred by section 144 below shall, without prejudice to the generality of subsection (1) of that section, include power to” substitute “ Rules of court may ”.

(2) In paragraph (b) of section 61(1)—

(a) for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”, and

(b) for “that justices' chief executive” substitute “ that designated officer ”.

213

In section 62(1)(ii) (proceedings for sums payable to child), for “justices' chief executive for” substitute “ designated officer for ”.

214

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215

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217

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218

(1) Amend section 77 (postponement of issue of warrant) as follows.

(2) In subsection (5), for “for the petty sessions” substitute “ in the local justice ”.

(3) For subsection (6), substitute—

(6) Where such an application is referred to the court— (a) the clerk of the court shall fix a time and place for the application to be heard; and (b) the designated officer for the court shall give the applicant notice of that time and place.

219

In—

(a) section 78(4) (offence of removing impounded goods marked in accordance with rules), and

(b) section 79(2) (reduction of period of detention on payment being made in accordance with rules),

for “the rules” substitute “ rules of court ”.

220

(1) Amend section 82 (restriction on power to impose imprisonment for default) as follows.

(2) After subsection (4A) insert—

(4B) The cases in which the offender’s default may be regarded for the purposes of subsection (4)(b)(i) as being attributable to his wilful refusal or culpable neglect include any case in which— (a) he has refused, otherwise than on reasonable grounds, to consent to a work order proposed to be made under Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), or (b) he has without reasonable excuse failed to comply with such an order.

(3) In subsection (5A), for “justices' chief executive for” substitute “ designated officer for ”.

221

In section 84(1) (power to require statement of means) for “for the same petty sessions” substitute “ in the same local justice ”.

222

(1) Amend section 85 (power to remit fine) as follows.

(2) After subsection (2A) insert—

(2B) Where the court remits the whole or part of the fine after a work order has been made under Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), it shall also reduce the number of hours specified in the order by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order.

(3) In subsection (3), for “or (2A)” substitute “ , (2A) or (2B) ”.

223

(1) Amend section 87 (enforcement of payment of fines by High Court and county court) as follows.

(2) In subsection (1), for “justices' chief executive for” substitute “ designated officer for ”.

(3) In subsection (3), for “justices' chief executive” substitute “ designated officer for the magistrates' court ”.

(4) Omit subsection (4).

224

(1) Amend section 87A (fines imposed on companies) as follows.

(2) In subsection (1), for “justices' chief executive for” substitute “ designated officer for ”.

(3) Omit subsection (2).

225

(1) Amend section 89 (transfer of fine order) as follows.

(2) In subsection (1)—

(a) after “Where a magistrates' court” insert “ in a local justice area ”,

(b) for “in any petty sessions area other than that for which the court acted” substitute “ in England and Wales ”, and

(c) for “the petty sessions area in which it appears to the court that he is residing;” substitute “ another local justice area ”.

(3) In subsection (2)—

(a) for “justices' chief executive for” (in both places) substitute “ designated officer for ”, and

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

(4) For subsection (3) substitute—

(3) A court by which functions in relation to any sum are for the time being exercisable by virtue of a transfer of fine order may make a further transfer of fine order with respect to that sum.

226

In section 90(3) (transfer of fines to Scotland or Northern Ireland), for “justices' chief executive for” substitute “ designated officer for ”.

227

(1) Amend section 91 (transfer of fines from Scotland and Northern Ireland) as follows.

(2) In subsection (1)—

(a) for “in a specified petty sessions area in England and Wales, a magistrates' court acting for that area,” substitute “ by a magistrates' court in England and Wales, a magistrates' court acting in the area in which the person subject to the order resides, ”, and

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

(3) In subsection (3)—

(a) for “in a petty sessions area” substitute “ by a magistrates' court ”, and

(b) for “acting for that area” substitute “ acting in the area in which the person subject to the order resides ”.

228

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229

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230

In section 97(1), omit—

(a) “for any commission area”, and

(b) “for that commission area”.

231

(1) Amend section 97A (summons or warrant as to committal proceedings) as follows.

(2) In subsection (1)—

(a) omit “for any commission area”,

(b) at the end of paragraph (a) insert “ and ”, and

(3) In subsections (9), (10) and (11), for “chief executive to” substitute “ designated officer for ”.

232

In section 99 (proof of non-payment of sum adjudged)—

(a) for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”, and

(b) for “the justices' chief executive” (in both places) substitute “ the designated officer ”.

233

In section 107 (false statements in declaration proving service), for “the rules” substitute “ rules of court ”.

234

In section 109(2) (notice to abandon an appeal), for “Crown Court rules” substitute “ rules of court ”.

235

In section 114 (payment of recognisances and fees on case stated)—

(a) for “the clerk of a magistrates' court” substitute “ a justices' clerk ”, and

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

236

(1) Amend section 116 (discharge of recognizance to keep the peace or be of good behaviour etc.) as follows.

(2) In subsection (1), omit “for any area to which this section applies”, the words from “, if the complaint” to “for that area,” and “for that area” (in the second place where it occurs).

(3) Omit subsection (3).

237

(1) Amend section 121 (constitution and place of sitting of court) as follows.

(2) Omit subsection (3).

(3) For subsection (4), substitute—

(4) Subject to the provisions of any enactment to the contrary, a magistrates' court must sit in open court if it is— (a) trying summarily an information for an indictable offence, (b) trying an information for a summary offence, (c) imposing imprisonment, (d) hearing a complaint, or (e) holding an inquiry into the means of an offender for the purposes of section 82.

(4) In subsection (5), omit “, or sitting in an occasional court-house”.

238

In section 125(1) (warrants) for “the rules” substitute “ rules of court ”.

239

(1) Amend section 125B (execution of warrants by approved enforcement agency) as follows.

(2) In subsection (2), for the words from “under” onwards substitute “ by the Lord Chancellor ”.

(3) After subsection (2), insert—

(2A) The Lord Chancellor must maintain a register containing the names of all persons and bodies approved by him under subsection (2) and must make such arrangements as he considers appropriate for making the register available for inspection.

(4) Omit subsection (3).

(5) In subsection (5)(d), for the words from “under” onwards substitute “ by the Lord Chancellor under subsection (2A) ”.

(6) After subsection (5), insert—

(6) A decision by the Lord Chancellor to revoke the approval of a person or body under subsection (2) does not have effect to revoke the approval until the Lord Chancellor has informed the person or body of the decision.

240

(1) Amend section 125C (disclosure of information for enforcing warrants) as follows.

(2) In subsection (1)—

(a) for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”, and

(b) omit “appointed by, or member of the staff of, his magistrates' courts committee”.

(3) In subsection (2), in the definition of “a section 125A warrant” omit the words from “and” onwards.

(4) In subsection (3), for paragraph (c) substitute—

(c) any justices' clerk or other person appointed under section 2(1) of the Courts Act 2003.

241

In section 126 (execution of certain warrants outside England and Wales)—

(a) for “Sections 12 to 14” substitute “ Section 13(1) and (2) ”, and

(b) in paragraph (a), for “those referred to in the said sections 12 to 14” substitute “ indictable offences ”.

242

Omit sections 137 and 138 (fees and remission of fees).

243

In section 139 (disposal of sums adjudged to be paid by conviction)—

(a) for “A justices' chief executive” substitute “ The designated officer for a magistrates' court ”, and

(b) for “section 60 of the Justices of the Peace Act 1997” substitute “ section 38 of the Courts Act 2003 ”.

244

Omit section 141 (clerks to justices).

245

(1) Amend section 144 (rule committee) as follows.

(2) In subsection (1), after “prescribing” insert

except in relation to— (a) any criminal cause or matter, or (b) family proceedings,

and for “and justices' chief executives” substitute “ and designated officers for magistrates' courts ”.

(3) In subsection (2), omit “the President of the Family Division of the High Court, the Senior District Judge (Chief Magistrate)”.

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

(5) Omit subsection (5).

246

(1) Amend section 145 (rules: supplementary provisions) as follows.

(2) In subsection (1), omit paragraphs (aa), (f) and (i).

(3) Omit subsection (4).

247

Omit section 147(occasional court-house).

248

In section 148(2) (power of magistrates' courts to act where another may act), for “for the same petty sessions” substitute “ in the same local justice ”.

249

Omit section 149 (Isles of Scilly).

250

(1) Amend section 150(1) (interpretation) as follows.

(2) Omit the definitions of “petty-sessional court-house”, “the register” and “the rules”.

(3) In the definition of “prescribed”, for “the rules” substitute “ rules of court ”.

251

In section 152, for “the rules” substitute “ rules of court ”.

252

Omit section 153 (magistrates' courts may sit on Sundays and public holidays).

253

In section 155(4) (extent of section 126 of 1980 Act), for “sections” substitute “ section ”.

254

Omit Schedule 6 (fees).

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

255

Omit—

(a) section 48 (appeal in capital cases), and

(b) Schedule 3 (procedural and other modifications for capital cases).

Highways Act 1980 (c. 66)

256

(1) Amend section 47 (power of magistrates' court to declare that an unnecessary highway is not maintainable at public expense) as follows.

(2) In subsection (5), for “acting for the petty sessions for” substitute “ assigned to the local justice area in ”.

(3) In subsection (6), for “chief executive to” substitute “ designated officer for ”.

257

(1) Amend section 116 (power of magistrates' court to authorise stopping up or diversion of highway) as follows.

(2) In subsection (8)(b), for “for the same petty sessions” substitute “ in the same local justice ”.

(3) In subsection (9), for “the clerk of the court” substitute “ a justices' clerk ”.

Zoo Licensing Act 1981 (c. 37)

258

In section 18(1) (appeals to magistrates' courts), omit “acting for the petty sessions area in which the zoo is situated”.

Supreme Court Act 1981 (c. 54)

259

(1) Amend section 8 (the Crown Court) as follows.

(2) For subsection (2), substitute—

(2) A justice of the peace is not disqualified from acting as a judge of the Crown Court merely because the proceedings are not at a place within the local justice area to which he is assigned or because the proceedings are not related to that area in any other way.

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

260

In section 9(6A) (Circuit judge and Recorder not to exercise powers of single judge), after “31” insert “ , 31B, 31C ”.

261

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

262

In—

(a) section 125 (copies of wills and grants),

(b) section 126(1) (depositaries for wills of living persons), and

for “the prescribed fee” substitute “ the fee prescribed by an order under section 92 of the Courts Act 2003 (fees) ”.

263

Omit section 130 (fees to be taken in Senior Courts).

264

Omit sections 138, 138A and 138B (effect of writs of execution against goods).

265

In section 151(1) (interpretation), in the definition of “prescribed”, omit paragraph (b) and “and” before it.

Betting and Gaming Duties Act 1981 (c. 63)

266

In paragraph 15(4A) of Schedule 1 (betting duties: notification of forfeiture and cancellation of betting office licence), in paragraph (a) of the definition of “proper officer of the court”, for “justices' chief executive” substitute “ designated officer ”.

267

In paragraph 15(3)(a) of Schedule 4 (gaming machine licence duty: registers of permits), for “for a petty sessions area, the chief executive to the justices” substitute “ in a local justice area, the designated officer for the committee ”.

Civil Jurisdiction and Judgments Act 1982 (c. 27)

268

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

269

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

Administration of Justice Act 1982 (c. 53)

270

In section 23(6)(a) (fees for deposit of wills), for “section 130 of the Supreme Court Act 1981” substitute “ section 92 of the Courts Act 2003 ”.

County Courts Act 1984 (c. 28)

271

In—

(a) section 66(4) (fees payable in respect of trial with jury proceedings in a county court),

(b) section 80(2) (judge’s note on appeal—fee etc.), and

for “the fees orders” substitute “ an order under section 92 of the Courts Act 2003 (fees) ”.

272

Omit—

(a) section 73 (register of judgments and orders), and

(b) section 73A (provision for register to be kept by body under contract to Lord Chancellor).

273

In section 98(1) (protection of district judge of county court selling goods under execution without notice of claim by third party), for the words from “(b) no person” to “execution debtor” substitute—

(b) no person shall be entitled to recover against the district judge or other officer, or anyone lawfully 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 inquiry have ascertained, that the goods were not the property of the execution debtor.

274

(1) Amend section 99 (effect of warrants of execution) as follows.

(2) In subsection (2)(b)—

(a) after “to” insert “ an enforcement officer or other officer charged with the execution of the writ ”, and

(b) for “the sheriff” substitute “ that person ”.

(3) In subsection (4)—

(a) before paragraph (a) insert—

(za) “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003;

, and

(b) omit paragraph (b).

275

For section 104 (information as to writs and warrants of execution), substitute—

(104) (1) Where a writ against the goods of any person issued from the High Court is delivered to an enforcement officer who is under a duty to execute the writ or to a sheriff, then on demand from the district judge of a county court that person shall— (a) in the case of an enforcement officer, by writing signed by that officer or a person acting under his authority, and (b) in the case of a sheriff, by writing signed by any clerk in the office of the under-sheriff, inform the district judge of the precise time the writ was delivered to him. (2) A bailiff of a county court shall on demand show his warrant to any enforcement officer, any person acting under the authority of an enforcement officer and any sheriff’s officer. (3) Any writing purporting to be signed as mentioned in subsection (1) and the endorsement on any warrant issued from a county court shall respectively be sufficient justification to any district judge, or enforcement officer or sheriff, acting on it. (4) In this section “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003.

276

Omit section 128 (fees).

277

In section 147(1) (interpretation), omit the definition of “fees orders”.

Matrimonial and Family Proceedings Act 1984 (c. 42)

278

Omit—

(a) section 40 (family proceedings rules), and

(b) section 41 (fees in family proceedings).

Building Act 1984 (c. 55)

279

In section 40(1) (appeal against section 36 notice), omit “acting for the petty sessions area in which is situated land on which there has been carried out any work to which the notice relates”.

280

In section 55(1) (appeals), omit “acting for the petty sessions area in which is situated land on which there will be, or there has been, carried out any work to which the notice or certificate relates”.

Police and Criminal Evidence Act 1984 (c. 60)

281

(1) Amend section 16 (execution of warrants) as follows.

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

(3) In subsection (11), for “chief executive to the justices” substitute “ designated officer for the local justice area ”.

282

(1) Amend section 46 (detention after charge) as follows.

(2) In subsection (2), for “for the petty sessions” substitute “ in the local justice ”.

(3) In subsection (3)—

(a) for “for that area” substitute “ in that area ”,

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

(4) In subsection (4)—

(a) for “for a petty sessions” substitute “ in a local justice ”, and

(b) for “for that area” substitute “ in that area ”.

(5) In subsection (5)—

(a) for “for that area” substitute “ in that area ”, and

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

(6) In subsection (6)—

(a) for “the justices' chief executive for a petty sessions” substitute “ the designated officer for a local justice ”, and

(b) for “the justices' chief executive” substitute “ the designated officer ”.

(7) In subsection (7)—

(a) for “for the petty sessions” substitute “ in the local justice ”, and

(b) for “for any other petty sessions” substitute “ in any other local justice ”.

(8) In subsection (8), for “justices' chief executive” substitute “ designated officer ”.

283

In section 47(3A)(b) (date of first court appearance in bail cases), for “justices' chief executive for the relevant petty sessions” substitute “ designated officer for the relevant local justice ”.

284

In section 47A (early administrative hearings conducted by justices' clerks), for “the clerk to the justices for a petty sessions area” substitute “ a justices' clerk ”.

285

In section 73(3)(a) (proof of convictions and acquittals), for “justices' chief executive” substitute “ designated officer ”.

286

In section 81(1) and (2) (advance notice of expert evidence in Crown Court), for “Crown Court Rules” substitute “ Criminal Procedure Rules ”.

Prosecution of Offences Act 1985 (c. 23)

287

In section 7(4) (sending to Director of Public Prosecutions of details of cases which do not proceed)—

(a) for “every justices' chief executive” substitute “ the designated officer for every magistrates' court ”, and

(b) for “a magistrates' court for which he is the justices' chief executive” substitute “ the magistrates' court ”.

288

(1) Amend section 20 (regulations) as follows.

(2) Omit subsection (5).

(3) In subsection (6), for “and supplemental” substitute “ , supplemental and transitional ”.

(4) In subsection (7), after “19(1)” insert “ , 19A or 19B ”.

(5) In subsection (8)(a)(ii), for “a party to the proceedings” substitute “ any person ”.

289

In section 21 (interpretation of Part 2), in subsection (4A)(b), for “, 19 and 19A” substitute “ to 19B ”.

290

(1) Amend section 23 (discontinuance of proceedings in magistrates' courts) as follows.

(2) In subsections (3), (7) and (8), for “justices' chief executive for” substitute “ designated officer for ”.

(3) In subsection (10), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “ Criminal Procedure Rules ”.

Local Government Act 1985 (c. 51)

291

Omit section 99 (disqualification of justices).

292

In Schedule 13 (residuary bodies), omit paragraph 13(i).

Transport Act 1985 (c. 67)

293

(1) Amend section 17 (London taxi and taxi driver licensing: appeals) as follows.

(2) In subsections (2)(b) and (5), for “the appropriate” substitute “ a magistrates' ”.

(3) In subsection (10), omit the definition of “the appropriate court”.

Insolvency Act 1986 (c. 45)

294

In section 124(1) (application for winding up), for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”.

295

(1) Amend section 183 (effect of execution or attachment) as follows.

(2) In subsection (2)(b), for “sheriff” substitute “ enforcement officer or other officer charged with the execution of the writ ”.

(3) In subsection (4), for the words from “ “the sheriff”” onwards substitute “ “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003 ”.

296

(1) Amend section 184 (duties of sheriff) as follows.

(2) In subsection (1), for “sheriff” substitute “ enforcement officer, or other officer, charged with execution of the writ or other process, ”.

(3) In subsections (2), (3) and (4), for “sheriff”, in each place where it occurs, substitute “ enforcement officer or other officer ”.

(4) In subsection (6), for the words from “ “the sheriff”” onwards substitute “ “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003. ”

(5) In the section heading, for “sheriff” substitute “ officers charged with execution of writs and other processes ”.

297

(1) Amend section 346 (enforcement procedures) as follows.

(2) In subsections (2), (3)(b), (4) and (8)(b), for “sheriff”, in each place where it occurs, substitute “ enforcement officer ”.

(3) In subsection (7), for “a sheriff” substitute “ an enforcement officer ”.

(4) After subsection (8), insert—

(9) In this section “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003.

298

(1) Amend section 347 (distress) as follows.

(2) In subsection (6), for “sheriff” substitute “ enforcement officer, ”.

(3) In subsection (7)—

(a) for “a sheriff” substitute “ an enforcement officer ”, and

(b) for “the sheriff” substitute “ the enforcement officer ”.

(4) After subsection (10), insert—

(11) In this section “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003.

299

In paragraph 12(1)(d) of Schedule B1 (application for administration order), for “justices' chief executive” substitute “ designated officer ”.

Company Directors Disqualification Act 1986 (c. 46)

300

In—

(a) section 2(2)(c) (court which may make disqualification order on conviction of indictable offence),

(b) section 5(2) (disqualification on summary conviction),

for “for the same petty sessions” substitute “ in the same local justice ”.

Fire Safety and Safety of Places of Sport Act 1987 (c. 27)

301

In section 41 (interpretation), in the definition of “the court”, omit “acting for the petty sessions area in which it is situated”.

Coroners Act 1988 (c. 13)

302

In—

(a) sections 16(1)(a) (adjournment of inquest in event of criminal proceedings), and

(b) section 17(1) (supplementary provisions),

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

Criminal Justice Act 1988 (c. 33)

303

(1) Amend section 41 (power of Crown Court to deal with summary offence where person committed for either way offence) as follows.

(2) For subsection (8), substitute—

(8) If he does not plead guilty, the Crown Court may try him for the offence, but may deal with him only in a manner in which a magistrates' court could have dealt with him.

(3) Omit subsection (9).

(4) In subsections (10) and (11)(a), for “justices' chief executive for” substitute “ designated officer for ”.

304

In section 67(1) (notification of fine imposed by coroner), for “justices' chief executive for” substitute “ designated officer for ”.

Local Government Finance Act 1988 (c. 41)

305

In—

(a) section 74(1)(c) (levies), and

(b) section 117(5)(c) (rates and precepts: abolition),

for “, combined fire authority, or magistrates' courts committee” substitute “ or combined fire authority ”.

Road Traffic Act 1988 (c. 52)

306

In section 90(1)(a) (application to court for review of conduct of test), omit “acting for the petty sessions area in which he resides”.

307

In section 100(1) (appeals relating to licences), omit “acting for the petty sessions area in which he resides”.

308

In section 119(1) (appeal to sheriff)—

(a) omit “acting for the petty sessions area in which the holder of or applicant for the licence resides”, and

(b) for “he” substitute “ the holder of or applicant for the licence ”.

309

In section 133(1)(a) (review of examinations by magistrates' court), for “the magistrates' court acting for the petty sessions area in which he resides” substitute “ a magistrates' court ”.

Road Traffic Offenders Act 1988 (c. 53)

310

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

311

In sections 8(a) and 25(2)(a) (notification of date of birth and sex), for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”.

312

In section 26 (interim disqualification)—

(a) renumber the subsection inserted by paragraph 143(3) of Schedule 13 to the Access to Justice Act 1999 as subsection (7A), and

(b) in that subsection, for “justices' chief executive” substitute “ designated officer ”.

313

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

314

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

315

(1) Amend section 69 (payment of fixed penalty) as follows.

(2) In subsection (1), for “justices' chief executive” substitute “ designated officer for a magistrates' court ”.

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

316

In section 70(4)(a) (registration certificate), for “justices' chief executive for the petty sessions” substitute “ designated officer for the local justice ”.

317

(1) Amend section 71 (registration of sums payable in default) as follows.

(2) In subsection (1)—

(a) for “a justices' chief executive” substitute “ the designated officer for a local justice area ”,

(b) for “petty sessions area for which he is the justices' chief executive” substitute “ local justice area for which he is the designated officer ”,

(d) for “other petty sessions” substitute “ other local justice ”, and

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

(3) In subsection (2)(c), for “justices' chief executive for the petty sessions” substitute “ designated officer for the local justice ”.

(4) In subsection (2A), for “executives” substitute “ officers ”.

(5) In subsection (6), for “justices' chief executive for a petty sessions” substitute “ designated officer for a local justice ”.

318

In section 74(5) (provisions supplementary to sections 72 and 73)—

(a) for “petty sessions” substitute “ local justice ”,

(b) for “for that area” substitute “ in that area ”, and

319

In section 75(6) (conditional offer of fixed penalty: fixed penalty clerk), for “justices' chief executive” substitute “ designated officer ”.

320

(1) Amend section 82 (accounting for fixed penalties) as follows.

(2) In subsection (1), for “section 60 of the Justices of the Peace Act 1997 (application of fines and fees)” substitute “ section 38 of the Courts Act 2003 (application of receipts of designated officers) ”.

(3) Omit subsections (2), (2A) and (3).

321

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

322

In section 84(c) (power to make regulations prescribing duties), for “justices' chief executives” substitute “ designated officers ”.

Dangerous Dogs Act 1989 (c. 30)

323

In section 1 (additional powers of court on complaint about dangerous dog) in—

(a) subsection (4), and

(b) subsection (7),

for “for the same petty sessions” substitute “ in the same local justice ”.

Extradition Act 1989 (c. 33)

324

In section 7(3) (rules as to service of documents), for “Rules under section 144 of the Magistrates' Courts Act 1980” substitute “ Criminal Procedure Rules ”.

325

In section 8(1)(a) (issue of warrant of arrest for purposes of committal), for “the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him” substitute “ a District Judge (Magistrates' Courts) designated by the Lord Chancellor ”.

326

In section 9(2) (proceedings for committal), for “the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him” substitute “ a District Judge (Magistrates' Courts) designated by the Lord Chancellor ”.

327

In section 13(5)(a) (return to foreign states – supplementary), for “rules under section 84 of the Supreme Court Act 1981” substitute “ Criminal Procedure Rules ”.

328

In section 14(2) (simplified procedure)—

(a) for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “ Criminal Procedure Rules ”, and

(b) for the words from “without” to “include power to” substitute “ those rules may ”.

329

(1) Amend Schedule 1 (provisions deriving from Extradition Act 1870 (c. 52) and associated enactments) as follows.

(2) In paragraph 4(2), for “the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him” substitute “ a District Judge (Magistrates' Courts) designated by the Lord Chancellor ”.

(3) In paragraph 5(1)(a) and (3), for “the Senior District Judge (Chief Magistrate), or another District Judge (Magistrates' Courts) designated by him,” substitute “ a District Judge (Magistrates' Courts) designated by the Lord Chancellor ”.

(4) In paragraph 9(2), for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “ Criminal Procedure Rules ”.

(5) In paragraph 13(1)(a), for “the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him” substitute “ a District Judge (Magistrates' Courts) designated by the Lord Chancellor ”.

330

(1) In paragraph 5 of Schedule 1A (adaptation of Act where 1995 Convention applies), amend inserted section 14A as follows.

(2) In subsection (4), for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “ Criminal Procedure Rules ”.

(3) In subsection (5)—

(a) for the words from “Without” to “includes power to” substitute “ Criminal Procedure Rules may ”, and

(b) for “a Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him” substitute “ a District Judge (Magistrates' Courts) designated by the Lord Chancellor ”.

Football Spectators Act 1989 (c. 37)

331

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

332

In—

(a) section 14G(3) (variation of banning order),

(b) section 14H(6) (termination of banning order),

for “for the same petty sessions” substitute “ in the same local justice ”.

333

(1) Amend section 18 (information) as follows.

(2) In subsection (1), for “justices' chief executive for” substitute “ designated officer for ”.

(3) In subsection (2), for “clerk of” substitute “ designated officer for ”.

(4) Omit subsection (4).

334

In section 20(7) (appeal against refusal to grant exemption), omit “acting for the petty sessions area in which he resides”.

335

In section 22(2) (banning orders arising out of offences outside England and Wales)—

(a) omit “for any area”,

(b) omit “who resides or is believed to reside in that area”, and

Children Act 1989 (c. 41)

336

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

337

(1) Amend section 97 (privacy for children involved in certain proceedings) as follows.

(2) In subsection (1), for “Rules made under section 144 of the Magistrates' Courts Act 1980” substitute “ Family Procedure Rules ”.

(3) Omit subsection (7)(a).

338

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

339

In paragraph 10(6) of Schedule 1 (jurisdiction to hear application for alteration of maintenance agreement), for “at least one of the parties is resident in the commission area for which the court is appointed” substitute “ the court acts in, or is authorised by the Lord Chancellor to act for, a local justice area in which at least one of the parties is resident ”.

340

In paragraph 24(6) of Schedule 2 (signature as evidence of contribution order), for “justices' chief executive for” substitute “ designated officer for ”.

Local Government and Housing Act 1989 (c. 42)

341

In section 39(1) (authorities to which provisions about revenue accounts and capital apply), omit paragraph (ea).

342

In section 67(3) (authorities to which provisions about interests in companies apply), omit paragraph (ga).

Town and Country Planning Act 1990 (c. 8)

343

In section 217(2) (appeal to magistrates' court against section 215 notice), omit “acting for the petty sessions area in which the land in question is situated”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

344

In section 47(4) (application to stay compulsory acquisition of listed building in need of repair), omit “acting for the petty sessions area within which the building is situated”.

345

In section 50(6) (application to court following direction for minimum compensation), omit “acting for the petty sessions area in which the building is situated”.

Computer Misuse Act 1990 (c. 18)

346

Omit section 11(1) (magistrates' court’s jurisdiction).

347

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

Courts and Legal Services Act 1990 (c. 41)

348

Omit section 1(12) (duty of Lord Chancellor to prepare annual reports as to the business of the Senior Courts and county courts).

349

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

Criminal Justice Act 1991 (c. 53)

350

In section 20A(2)(a) (official request for statement of financial circumstances), for “justices' chief executive for” substitute “ designated officer for ”.

351

Omit sections 76 to 78 (court security).

352

(1) Amend section 92 (interpretation of Part 4) as follows.

(2) In subsection (1), omit the definitions of “court-house” and “court security officer”.

(3) Omit subsection (2).

Dangerous Dogs Act 1991 (c. 65)

353

In section 4 (destruction and disqualification orders)—

(a) in subsection (6), and

(b) in subsection (9)(d),

for “for the same petty sessions” substitute “ in the same local justice ”.

354

In section 107 (recovery of expenditure on income support)—

(a) in subsections (5)(c) and (9), for “the clerk to the justices for the petty sessions area for which the court is acting” substitute “ a justices' clerk ”,

(b) in subsections (5) and (11), for “to the justices' chief executive for the court” substitute “ to the designated officer for the court ”, and

“court” (where it occurs other than in the expression “magistrates' court”) means in England and Wales a magistrates' court, and in Scotland the sheriff;

355

In section 121(1) (unpaid contributions – supplementary)—

(a) in paragraph (a), for “rules under section 144 of that Act” substitute “ Criminal Procedure Rules ”, and

(b) in paragraph (b), for “justices' chief executive for” substitute “ designated officer for ”.

Local Government Finance Act 1992 (c. 14)

356

In section 19(3) (exclusion of Crown exemption), omit paragraph (ea).

Friendly Societies Act 1992 (c. 40)

357

For section 110 (jurisdiction of magistrates' courts) substitute—

(110) (1) In Northern Ireland, a friendly society or an officer of a friendly society may be prosecuted for a summary offence under this Act before a magistrates' court acting for the county court division in which the registered office of the society is situated. (2) Subsection (1) is without prejudice to the provisions of the Magistrates' Courts (Northern Ireland) Order 1981 as to the jurisdiction of a magistrates' court.

Charities Act 1992 (c. 41)

358

In section 71(3) (appeals), omit from “and references” onwards.

Protection of Badgers Act 1992 (c. 51)

359

In section 13 (powers of court where dog used or present at commission of offence)—

(a) in subsection (5), and

(b) in subsection (9)(c),

for “for the same petty sessions” substitute “ in the same local justice ”.

Tribunals and Inquiries Act 1992 (c. 53)

360

In Schedule 1 (tribunals under direct supervision of Council on Tribunals), omit the entry relating to a person appointed under section 54(6) of the Justices of the Peace Act 1997.

Pension Schemes Act 1993 (c. 48)

361

In section 68(1)(b) (receipt of statement of admission of failure to pay premiums), for “justices' chief executive for” substitute “ designated officer for ”.

Vehicle Excise and Registration Act 1994 (c. 22)

362

In—

(a) section 51(3)(b)(i) (meaning of “appropriately proved”), and

(b) section 55(2)(a)(ii) (meaning of “appropriately proved”),

for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “ Criminal Procedure Rules ”.

Value Added Tax Act 1994 (c. 23)

363

In section 82(3) (power to appoint officers and staff for carrying out the administrative work of tribunals in England and Wales), for “section 27 of the Courts Act 1971” substitute “ section 2(1) of the Courts Act 2003 ”.

Drug Trafficking Act 1994 (c. 37)

364

In section 55(7) (power to make rules about orders under section 55), for “Crown Court Rules” substitute “ Criminal Procedure Rules ”.

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

365

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

Merchant Shipping Act 1995 (c. 21)

366

In section 68(4A) (particulars of fine for not co-operating with inquiry into fitness of seaman)—

(a) for “(1)” substitute “ (4) ”, and

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

Criminal Appeal Act 1995 (c. 35)

367

In section 22 (meaning of public body etc.), omit subsection (5).

Disability Discrimination Act 1995 (c. 50)

368

(1) Amend section 38 (appeal against refusal of exemption certificate) as follows.

(2) In subsection (1), for “the appropriate” substitute “ a magistrates' ”.

(3) Omit subsection (3).

Reserve Forces Act 1996 (c. 14)

369

In paragraph 7(3A) of Schedule 2 (fee payable on delivery into military, air-force or naval custody of person dealt with by court of summary jurisdiction as illegally absent), for “justices' chief executive” substitute “ designated officer ”.

370

In paragraph 9(4) of Schedule 3 (certificate as proof of outcome of civil trial), for “justices' chief executive” substitute “ designated officer ”.

Police Act 1996 (c. 16)

371

In section 5(2) (consultation before reduction in size of police authority)—

(a) at the end of paragraph (a), insert “ and ”, and

(b) omit paragraph (c) and “and” before it.

372

In section 5C(3) (consultation before reduction in size of Metropolitan Police Authority)—

(a) at the end of paragraph (a), insert “ and ”, and

(b) omit paragraph (c) and “and” before it.

373

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

374

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

375

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

376

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

Criminal Procedure and Investigations Act 1996 (c. 25)

377

(1) Amend section 19 (rules of court) as follows.

(2) In subsection (1), for the words from the beginning to “sections” substitute “ The power to make Criminal Procedure Rules ”.

(3) In subsection (3), for “Rules made under section 144 of the Magistrates' Courts Act 1980” substitute “ Criminal Procedure Rules made ”.

378

In section 20(3) (rules as to disclosure), for the words from “Without” to “that section” substitute “ The power to make Criminal Procedure Rules ”.

379

In section 33 (Crown Court Rules)—

(a) in subsections (1) and (2), for “Crown Court Rules” substitute “ Criminal Procedure Rules ”, and

(b) for the section heading, substitute “ Criminal Procedure Rules ”.

380

In paragraph 4 of Schedule 2 (rules about statements and depositions), for the words from “Without prejudice” to “includes power to” substitute “ Criminal Procedure Rules may ”.

381

In paragraph 13(2) of Schedule 4 (modification of section 20(3) in relation to Northern Ireland), for “that section” substitute “ Rules ”.

National Minimum Wage Act 1998 (c. 39)

382

After section 45 insert—

(45A) A person does not qualify for the national minimum wage in respect of any work that he does in pursuance of a work order under Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work).

Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11)

383

In section 9(9) (application for termination of disqualification), for “for the same petty sessions” substitute “ in the same local justice ”.

Youth Justice and Criminal Evidence Act 1999 (c. 23)

384

In each of the following provisions, for “rules of court” substitute “ Criminal Procedure Rules ”

(a) section 20(6) (applications about special measures directions);

(b) section 27(4)(b) (video recorded evidence in chief);

(d) section 29(3) and (5) (examination of witness through intermediary);

(e) section 37(5) (applications about directions under section 36);

(f) section 38(6) and (7) (defence representation for purposes of cross-examination);

(g) section 43(3) (procedure on applications under section 41);

(h) section 65(1) (power to make rules for purposes of Act).

385

In section 24 (evidence by live link), omit subsections (5) to (7).

386

In section 44(11) (restrictions on reporting of offences), for “rules of court” substitute “ Criminal Procedure Rules in England and Wales, or rules of court in Northern Ireland ”.

387

Omit section 65(2) (meaning of “rules of court”).

Terrorism Act 2000 (c. 11)

388

(1) Amend Schedule 4 (forfeiture orders) as follows.

(2) In paragraph 4(1), for “justices' chief executive” (in each place) substitute “ designated officer ”.

(3) In paragraph 13(5)(b), for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”.

(4) In paragraph 46(2)(a), for “section 60 of the Justices of the Peace Act 1997 (application of fines, etc.)” substitute “ section 38 of the Courts Act 2003 (application of receipts of designated officers) ”.

389

(1) Amend Schedule 5 (terrorist investigations: information) as follows.

(2) In paragraph 10(2), for “Crown Court Rules” substitute “ Criminal Procedure Rules ”.

(3) In paragraph 18, after paragraph (d) insert—

(dd) the reference in paragraph 10(2) to “Criminal Procedure Rules” shall be taken as a reference to Crown Court Rules,

390

(1) Amend paragraph 4 of Schedule 6 (procedure on application for provision of financial information) as follows.

(2) In sub-paragraph (1), for “Crown Court Rules” substitute “ Criminal Procedure Rules ”.

(3) After sub-paragraph (2) insert—

(3) Crown Court Rules may make provision about the procedure for an application under paragraph 1.

391

In paragraph 29(4)(a) of Schedule 8(extension of detention: meaning of judicial authority), omit “the Senior District Judge (Chief Magistrate) or his deputy, or”.

Freedom of Information Act 2000 (c. 36)

392

In Schedule 1 (public authorities), omit paragraph 34.

Criminal Justice and Court Services Act 2000 (c. 43)

393

In paragraph 2(2) of Schedule 1 (constitution of local probation boards), for “or a Recorder” substitute “ , a Recorder or a District Judge (Magistrates' Courts) ”.

Vehicles (Crime) Act 2001 (c. 3)

394

In section 38(5) (unified power to fund speed cameras)—

(a) at the end of paragraph (b) insert “ and ”, and

(b) omit paragraph (c).

Private Security Industry Act 2001 (c. 12)

395

(1) Amend section 11 (appeals in licensing matters) as follows.

(2) In subsection (1), for “the appropriate” substitute “ a ”.

(3) Omit subsection (3).

(4) In subsection (6)(d)—

(a) omit “appropriate”, and

(b) for “that” substitute “ the ”.

396

(1) Amend section 18 (appeals relating to approvals) as follows.

(2) In subsection (1), for “the appropriate” substitute “ a ”.

(3) Omit subsection (3).

(4) In subsection (5)(d)—

(a) omit “appropriate”, and

(b) for “that” substitute “ the ”.

Criminal Justice and Police Act 2001 (c. 16)

397

In section 3(3)(f) (penalty notice for disorderly behaviour), for “justices' chief executive” substitute “ designated officer for a local justice area ”.

398

In section 7(1) (payment of penalty), for “justices' chief executive” substitute “ designated officer ”.

399

In section 8(2) (certificate that sum is registrable for enforcement as a fine), for “justices' chief executive for the petty sessions” substitute “ designated officer for the local justice ”.

400

(1) Amend section 9 (registration of sums payable in default) as follows.

(2) In subsection (1), for “justices' chief executive for a petty sessions” substitute “ designated officer for a local justice ”.

(3) In subsection (2)(b), for “appropriate justices' chief executive” substitute “ designated officer for the local justice area in which the defaulter resides ”.

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

401

In section 21(5) (closure of unlicensed premises), for “justices' chief executive” substitute “ designated officer ”.

402

In section 22(5)(a) (termination of closure order), for “justices' chief executive” substitute “ designated officer ”.

International Criminal Court Act 2001 (c. 17)

403

In—

(a) section 7(3) (form of consent to surrender), and

(b) section 13(3) (form of waiver of right to review),

for “rules under section 144 of the Magistrates' Courts Act 1980 (c. 43)” substitute “ Criminal Procedure Rules ”.

404

In section 26 (meaning of “appropriate judicial officer”), in the definition of “appropriate judicial officer” omit paragraph (a).

405

In paragraph 5(2) of Schedule 5 (orders under Part 1), after “by” insert “ Criminal Procedure Rules or, in Northern Ireland, ”.

Proceeds of Crime Act 2002 (c. 29)

406

In—

(a) section 24(1)(b) (application to discharge confiscation order: inadequacy of available amount), and

(b) section 25(1)(b) (application to discharge confiscation order: small amount outstanding),

for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”.

407

In section 54(6) and (7) (payments by enforcement receivers), for “justices' chief executive” substitute “ designated officer ”.

408

(1) Amend section 55 (sums received by justices' chief executive) as follows.

(2) For “justices' chief executive”, in each place (including the section heading) substitute “ designated officer ”.

(3) In subsection (2), for “chief executive's” substitute “ designated officer's ”.

(4) In subsection (6), for “section 60 of the Justices of the Peace Act 1997 (c. 25)” substitute “ section 38 of the Courts Act 2003 ”.

409

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

410

In section 91 (Crown Court Rules) for “Crown Court Rules or (as the case may be) Criminal Appeal Rules” substitute “ Criminal Procedure Rules ”.

Adoption and Children Act 2002 (c. 38)

411

In section 13(2) (requirement to provide information relating to adoption), for “justices' chief executive” substitute “ designated officer ”.

412

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

413

(1) Amend section 141 (rules of procedure) as follows.

(2) In subsection (1), for “The Lord Chancellor may make rules” substitute “ Family Procedure Rules may make provision ”.

(3) Omit subsection (2).

414

In section 144(1) (interpretation), for the definition of “rules” substitute—

“rules” means Family Procedure Rules made by virtue of section 141(1),

SCHEDULE 9

Interpretation

1

In this Schedule “the JPA 1997” means the Justices of the Peace Act 1997.

Orders contracting out the provision of officers and staff

2

Any order which, immediately before section 2 comes into force, was in force under section 27(3) of the Courts Act 1971, including, in particular, any order made under section 27(3) by virtue of —

(a) section 4(7) of the Taxes Management Act 1970, or

(b) section 82(3) of the Value Added Tax Act 1994,

shall have effect as if made under section 2 for the purpose of discharging the Lord Chancellor’s general duty in relation to the courts (and may be amended or revoked accordingly).

Local justice areas

3

The first order under section 8 must specify as a local justice area each area which was a petty sessions area immediately before the time when that section comes into force.

Appointment and assignment of lay justices

4

A person who, immediately before section 10 comes into force, was a justice of the peace for a commission area under section 5 of the JPA 1997 shall be treated as having been—

(a) appointed under section 10(1) as a lay justice for England and Wales, and

(b) assigned under section 10(2)(a) to the local justice area which—

(i) is specified as such in the first order under section 8, and

(ii) immediately before section 10 comes into force, was the petty sessions area in and for which he ordinarily acted.

The supplemental list

5

(1) The existing supplemental list shall have effect as the supplemental list required to be kept by section 12; and any name which, immediately before that section comes into force, was included in that list under a provision listed in column 1 of the table shall be treated as having been entered in the list under the provision listed in column 2—

Provision of the JPA 1997	Provision of this Act
Section 7(2)	Section 13(1)
Section 7(4)	Section 13(5)
Section 7(6)	Section 13(4)

(2) “The existing supplemental list” means the supplemental list having effect under the JPA 1997 immediately before section 12 comes into force.

Keepers of the rolls

6

A person who, immediately before section 16 comes into force, was under section 25 of the JPA 1997 keeper of the rolls for a commission area shall be treated as having been appointed under section 16 as keeper of the rolls for each local justice area which—

(a) is specified as such in the first order under section 8, and

(b) immediately before section 16 comes into force, formed part of, or consisted of, that commission area.

Chairman and deputy chairmen of the bench

7

A person who, immediately before section 17 comes into force, was under section 22 of the JPA 1997 the chairman (or a deputy chairman) of the justices for a petty sessions area shall be treated as having been chosen under section 17 as the chairman (or a deputy chairman) of the lay justices assigned to the corresponding local justice area specified in the first order under section 8.

Senior District Judge (Chief Magistrate)

8

(1) The person who, immediately before section 23 comes into force, was under section 10A of the JPA 1997 the Senior District Judge (Chief Magistrate) shall be treated as having been designated as such under section 23(a).

(2) A person who, immediately before section 23 comes into force, was under section 10A of the JPA 1997 the deputy of the Senior District Judge (Chief Magistrate) shall be treated as having been designated as such under section 23(b).

Justices' clerks and assistant clerks

9

A person who—

(a) immediately before section 27 comes into force, was a justices' clerk for a petty sessions area (or areas), and

(b) is transferred to the Lord Chancellor’s employment by virtue of paragraph 11 of Schedule 2,

shall be treated as having been designated as a justices' clerk under section 27(1)(b) and assigned under section 27(3)(a) to the corresponding local justice area (or areas) specified in the first order under section 8.

10

A person who—

(a) immediately before section 27 comes into force, was employed to assist a justices' clerk by acting as a clerk in court in proceedings before a justice or justices, and

(b) is transferred to the Lord Chancellor’s employment by virtue of paragraph 11 of Schedule 2,

shall be treated as having been designated as an assistant to a justices' clerk under section 27(5)(b).

11

(1) Any regulations made under—

(a) section 42 of the Justices of the Peace Act 1949 (compensation in connection with Parts 2 and 3 of the 1949 Act), or

(b) paragraph 16 of Schedule 3 to the Justices of the Peace Act 1968 (compensation in connection with section 1 of the 1968 Act),

and in force immediately before paragraph 20 of Schedule 4 to the JPA 1997 is repealed by this Act shall continue to have effect and may be revoked or amended despite the repeal by the Justices of the Peace Act 1979 of the provisions under which they were made.

(2) The power to make amendments by virtue of sub-paragraph (1) of regulations falling within paragraph (a) of that sub-paragraph shall extend to making provision—

(a) for compensation to or in respect of persons falling within sub-paragraph (3) to be payable if such persons suffer loss of employment, or loss or diminution of emoluments, attributable to anything done under Part 2;

(b) for the determination by persons other than magistrates' courts committees of claims for compensation to be made;

(3) A person falls within this sub-paragraph if—

(a) on 2nd February 1995 he held the office of justices' clerk or was employed to assist a justices' clerk, and

(b) is transferred to the Lord Chancellor’s employment by virtue of paragraph 11 of Schedule 2.

(4) A person who under regulations made by virtue of sub-paragraph (2)(a) is entitled to compensation in respect of anything done under Part 2 is not entitled to compensation in respect of that thing under a scheme made under section 1 of the Superannuation Act 1972 by virtue of section 2(2)(a) of that Act.

Family proceedings courts

12

Any justice of the peace who, immediately before section 49 comes into force, was qualified to sit as a member of a family proceedings court shall be treated as having been authorised to do so by the Lord Chancellor under section 67 of the 1980 Act (as substituted by section 49).

Youth courts

13

Any justice of the peace who, immediately before section 50 comes into force, was qualified to sit as a member of a youth court shall be treated as having been authorised to do so by the Lord Chancellor under section 45 of the 1933 Act (as substituted by section 50).

Inspectors of court administration

14

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

Collection of fines and discharge of fines by unpaid work

15

(1) This paragraph applies if section 97 and Schedule 5 are brought into force before section 8.

(2) Section 97 and Schedule 5 have effect in relation to the period ending with the date on which section 8 comes into force as if any reference to a local justice area were a reference to a petty sessions area.

Register of judgments and orders

16

The register having effect under section 73 of the County Courts Act 1984 immediately before section 98 comes into force shall be treated as part of the register required to be kept under section 98.

SCHEDULE 10

Designated officers and magistrates' courts

The commission of the peace for England and Wales

Designated officers and magistrates' courts

Summons or warrant for suspected offender

Powers of search

55A

(1) This section applies where a knife is surrendered to a court security officer in response to a request under section 54(1) or seized by a court security officer under section 54(2).

(2) Section 55 does not apply.

(3) The knife must be retained in accordance with regulations under subsection (5), unless returned or disposed of in accordance with those regulations or regulations made under section 56.

(4) If a court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (3) prevents the officer retaining the knife for so long as necessary to enable the court security officer to draw it to the attention of a constable.

(5) Without prejudice to the generality of section 56, the Lord Chancellor must by regulations make provision as to—

(a) the procedure to be followed when a knife is retained under this section;

(b) the making of requests by eligible persons for the return of knives so retained;

(6) For the purposes of this section—

“ eligible person ”, in relation to a knife retained under this section, means— the person who has surrendered the knife under section 54(1) or from whom the knife has been seized under section 54(2), orany other person specified in regulations made under subsection (5);

“ knife ” includes— a knife-blade, andany other article which—has a blade or is sharply pointed, andis made or adapted for use for causing injury to the person.

Process for making Civil Procedure Rules

Head and Deputy Head of Civil Justice

61A

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

Criminal Procedure Rules

Meaning of “criminal court”

Family Procedure Rule Committee

72A

(1) This section applies if the Lord Chancellor gives the Criminal Procedure Rules Committee written notice that he thinks it is expedient for Criminal Procedure Rules to include provision that would achieve a purpose specified in the notice.

(2) The Committee must make such rules as it considers necessary to achieve the specified purpose.

(3) Those rules must be—

(a) made within a reasonable period after the Lord Chancellor gives notice to the Committee;

(b) made in accordance with section 72.

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