Office of Public Sector Information
Section 109(1)
1 In section 10 (warrant to search for lost books), omit “for the commission area”.
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”.
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”.
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”.
6 In section 2 (verification of value of land), omit “for the commission area in which such land is situated”.
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)”.
9 In section 12 (sheriff may seize money, bank notes, etc.), after “poundage and expences” insert “or other officer’s fees”.
10 For section 75 (meaning of “magistrate”), substitute—
In this Act “magistrate” means any two justices of the peace sitting together in public.”
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”.
12 (1) In section 17 (punishment of persons employed on railways guilty of misconduct)—
(a) for “before some justice of the peace for the place within which such offence shall be committed” substitute “before a magistrates' court”,
(b) for “such justice as aforesaid (who is hereby authorised and required, upon complaint to him made, without information in writing, to take cognizance thereof, and to act summarily in the premises), in the discretion of such justice,” substitute “a magistrates' court,”,
(c) omit “, in the like discretion of such justice, shall”,
(d) for “as such justice shall appoint” substitute “as a magistrates' court shall appoint”, and
(e) omit the words from “and every such penalty” to the end.
(2) This paragraph extends only to England and Wales.
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.
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”,
(c) for “at the time of applying” substitute “when applying”,
(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.”
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.
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.
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
(c) omit “, and assembled in petty sessions,”.
24 Paragraphs 20 to 23 extend only to England and Wales.
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”.
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.
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.
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.
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.
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.
32 In section 2 (registration of authorisation)—
(a) for “clerk of the magistrates acting for the petty sessions area” substitute “designated officer for the local justice area”, and
(b) for “clerk of the magistrates as” substitute “designated officer as”.
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”,
(c) for “indorsing the same has jurisdiction” substitute “indorsing the same is acting or has jurisdiction”,
(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”.
34 In section 13(2)(a) (proof of conviction of defendant by copy of certified record), for “justices' chief executive” substitute “designated officer”.
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”.
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.
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.
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
(c) omit “under his hand and seal”.
43 Paragraphs 41 and 42 do not extend to Northern Ireland.
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
(c) for “forfeit and pay any sum” substitute “be liable to a fine”.
46 In section 3 (recovery of penalties), omit “in England in the same manner as penalties under the Game Act 1831 and”.
47 In section 6(2)(a) (proof of conviction of witness by signed certificate), for “justices' chief executive” substitute “designated officer”.
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.”
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,”,
(c) omit section 35 of the 1799 Act (recovery of penalties),
(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”.
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.”
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”.
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.
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”.
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”.
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
(c) for “the next petty sessions, or” substitute “a magistrates' court”.
(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””.
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.
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”.
65 The Behring Sea Award Act 1894 shall have effect in relation to England and Wales as if in Schedule 2 for section 521 of the Merchant Shipping Act 1854 (which under section 1(5) of the 1894 Act is applied to any offence or forfeiture under that Act) there were substituted—
Courts in England and Wales (including magistrates' courts) have jurisdiction—
(a) over any ship or boat which—
(i) is on or is lying or passing off the coast of England and Wales, or
(ii) is in or near any bay, channel, lake, river or other navigable water on which any part of England and Wales abuts or into which any part of England and Wales projects, and
(b) over all persons on board the ship or boat or for the time being belonging to it,
as if the ship, boat or persons were in England and Wales.”
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”.
67 In section 2(2) (powers of rule committee), for the words preceding “shall have power” substitute “The Criminal Procedure Rule Committee”.
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 (1) Amend section 4 (power of court of summary jurisdiction to confirm maintenance orders made in certain Commonwealth countries) as follows.
(2) In subsection (5B), for “a justices' chief executive” (in both places) substitute “the designated officer for the court or for any other magistrates' court”.
(3) In subsection (6A)—
(a) in paragraph (b), in the paragraph to be regarded as substituted for subsection (4)(b) of section 60 of the 1980 Act, for “a justices' chief executive” substitute “the designated officer for the court or for any other magistrates' court”, and
(b) in paragraph (c), in the words to be regarded as replaced in section 60(5) of the 1980 Act, for “justices' chief executive for the court”” substitute “designated officer for the court””.
(4) Nothing in this paragraph is to be read as amending section 4 as modified in relation to Northern Ireland by section 11.
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.
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”.
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”.
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.
79 Omit section 7 (correction of errors in deposited plan and book of reference).
80 In section 43(4) (interpretation of section 43), for the words from “a court” onwards substitute
“(a) in England and Wales, a magistrates' court acting in the local justice area where the assistance was given or applied for;
(b) in Scotland, the sheriff having jurisdiction in the place where the assistance was given or applied for.”
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).
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.”
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””.
85 In section 3(5) (meaning of “the court”), for “appointed for the commission area” substitute “acting in the local justice area”.
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”.
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 (1) Amend section 18 (enforcement of registered orders) as follows.
(2) In subsection (2ZA), in the subsection to be regarded as substituted for section 76(5) of the 1980 Act, for “a justices' chief executive” (in both places) substitute “the designated officer for the court or for any other magistrates' court”.
(3) In subsection (2B)(a), for “justices' chief executive” substitute “designated officer”.
89 (1) Amend section 22 (discharge and variation of registered orders) as follows.
(2) In subsection (1B), for “a justices' chief executive” (in both places) substitute “the designated officer for the court or for any other magistrates' court in England and Wales”.
Courts Act 2003