Office of Public Sector Information
SCHEDULE 8 continued
(3) In subsection (1E)—
(a) in paragraph (a), in the paragraph to be regarded as substituted for section 60(4)(b) 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 (b), 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””.
90 In section 24(5A)(b) (cessation of order requiring payment), for “a justices' chief executive” substitute “the designated officer for a magistrates' court in England and Wales”.
91 (1) Amend section 25 (rules as to procedure of magistrates' courts) as follows.
(2) Omit subsection (1).
(3) In subsection (3)—
(a) after “Rules” insert “of court”, and
(b) in paragraph (a), for the words from “by means of” onwards, substitute “in accordance with the rules”.
(4) Sub-paragraph (3) does not extend to Northern Ireland.
92 (1) Amend section 28(1) (interpretation) as follows.
(2) In the definition of “collecting officer”, after “officer”,” insert “in relation to a court of summary jurisdiction in England, means the designated officer for the court, and”.
(3) In the definition of “prescribed”, omit—
(a) “England or”,
(b) “by rules made under section fifteen of the Justices of the Peace Act 1949, or”, and
(c) “as the case may be,”.
93 (1) In Schedule 2 (paying authorities under Part 5), omit Part 2.
(2) Nothing in sub-paragraph (1) is to be read as amending Schedule 2 as it extends to Northern Ireland.
94 (1) Amend section 19 (right of justice to visit prison) as follows.
(2) In subsection (1), for “for any commission area” substitute “assigned to any local justice area”.
(3) In subsection (2), omit “or to visit any prisoner under sentence of death”.
95 In—
(a) section 189(3A)(a) (fee for certificate on delivery into military custody of person dealt with by court of summary jurisdiction as illegally absent), and
(b) section 199(4)(a) (certificate as proof of outcome of civil trial),
for “justices' chief executive” substitute “designated officer”.
96 In—
(a) section 189(3A)(a) (fee for certificate on delivery into air force custody of person dealt with by court of summary jurisdiction as illegally absent), and
(b) section 199(4)(a) (certificate as proof of outcome of civil trial),
for “justices' chief executive” substitute “designated officer”.
97 In—
(a) section 110(2A)(a) (fee for certificate on delivery into naval custody of person dealt with by court of summary jurisdiction as illegally absent), and
(b) section 129B(4)(a) (certificate as proof of outcome of civil trial),
for “justices' chief executive” substitute “designated officer”.
98 (1) Amend section 2 (registration of orders) as follows.
(2) In subsection (2)(b), for “justices' chief executive for the magistrates' court acting for the petty sessions area” substitute “designated officer for the magistrates' court acting in the local justice area”.
(3) In subsection (5), for “of, or justices' chief executive for,” substitute “of, or for,”.
(4) In subsection (6), for “a justices' chief executive” (in both places) substitute “the designated officer for a magistrates' court”.
(5) In subsection (6ZA), for “a justices' chief executive” substitute “the designated officer for the court or for any other magistrates' court”.
(6) In subsection (6ZC), for “a justices' chief executive” substitute “the designated officer for a magistrates' court”.
99 In section 3(3A) (requirement of person liable under order to notify change of address), for “justices' chief executive for” substitute “designated officer for”.
100 In section 4(5B) (variation of orders registered in magistrates' courts)—
(a) in paragraph (a), in the paragraph to be regarded as substituted for section 60(4)(b) of the 1980 Act, for “a justices' chief executive” substitute “the designated officer for the court or for any other magistrates' court”,
(b) in paragraph (b), 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””, and
(c) in paragraph (e), in the subsection (9) to be regarded as substituted for sections 60(9) and (10) 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”.
101 (1) Amend section 5 (cancellation of registration) as follows.
(2) In subsection (5), for “a justices' chief executive” (in both places) substitute “the designated officer for a magistrates' court”.
(3) In subsection (6)(b), for “justices' chief executive for” substitute “designated officer for”.
102 (1) Amend section 18 (powers of magistrates to renew committals) as follows.
(2) For “justices' chief executive for” (in each place) substitute “designated officer for”.
(3) In subsections (2) and (4), for “acting for the same petty sessions area” substitute “acting in the same local justice area”.
103 In section 20(1) (registration of order at request of person entitled to receive payments)—
(a) for “a justices' chief executive who” substitute “the designated officer for a magistrates' court who”, and
(b) for “a justices' chief executive is” substitute “the designated officer is”.
104 In section 21(1) (interpretation), omit the definition of “rules of court”.
105 (1) Amend section 3 (power to close highways) as follows.
(2) In subsection (1), omit “sitting in petty sessions in the petty sessions area within which that highway or part of a highway is situated”.
(3) In subsection (2), omit “, being a highway or part within the jurisdiction of those justices”.
(4) For subsection (5)(c) substitute—
“(c) the references to justices of the peace shall be construed as references to the district court for the area in which the highway or part of a highway is situated.”
106 (1) Amend section 3 (powers of search, seizure and forfeiture) as follows.
(2) In subsection (1), omit “in the petty sessions area for which he acts,” and “in that area”.
(3) In subsection (3)—
(a) for “for the same petty sessions area as the justice who issued the warrant, and the justice before whom the articles are brought” substitute “in the local justice area in which the articles were seized, who”;
(b) for “for that petty sessions area” substitute “acting in that local justice area”.
107 In section 243(a) (proof in summary proceedings of identity of driver), for “rules made under section fifteen of the Justices of the Peace Act 1949” substitute “Criminal Procedure Rules”.
108 In section 7(1) (appeal to magistrates' court against conditions attached to site licence), omit “acting for the petty sessions area in which the land is situated”.
109 In section 8(2) (appeal to magistrates' court against alteration to site licence conditions), omit “acting for the petty sessions area in which the land to which the site licence relates is situated”.
110 In section 32(1)(c) (application to Scotland), omit “acting for the petty sessions area in which the land is situated”.
111 In section 2(3) (power to extend time for applying for leave to appeal to House of Lords), omit “Except in a case involving sentence of death,”.
112 Omit section 3 (special provision as to capital cases).
113 In section 10A(5) (notification of cancellation of betting office licence), in paragraph (a) of the definition of “the proper officer of the court”, for “justices' chief executive” substitute “designated officer”.
114 In section 11 (notification of cancellation of bookmaker’s or betting agency permit)—
(a) renumber the subsection inserted by paragraph 34(3) of Schedule 13 to the Access to Justice Act 1999 as subsection (5A), and
(b) in that subsection, in paragraph (a) of the definition of “the proper officer of the court”, for “justices' chief executive” substitute “designated officer”.
115 (1) Amend Schedule 1 (bookmaker’s permits, betting agency permits and betting office licences) as follows.
(2) In paragraph 1(a)—
(a) for “petty sessions” substitute “local justice”, and
(b) for “acting for” substitute “acting in”.
(3) In paragraph 2—
(a) in the definition of “appropriate authority”, for “petty sessions” substitute “local justice”, and
(b) in paragraph (a) of the definition of “the proper officer of the appropriate authority”, for “chief executive to” substitute “designated officer for”.
(4) In paragraph 20A(5), for the words from “for a petty” onwards substitute “in a local justice area, is a justices' clerk designated by the Lord Chancellor in relation to the committee”.
116 In section 46(11) (appeals relating to exemptions from Act), omit “acting for the petty sessions area in which they are situate”.
117 For section 19(4)(a) (application of Sheriffs Act 1887 to Greater London) substitute—
“(a) in sections 7(1), 17, 23(3) and 26(1) any reference to a county shall be construed as a reference to Greater London;”.
118 In section 26 (Inner and Middle Temples), omit “commissions of the peace,”.
119 In section 1(1) (endorsement of warrants issued in Republic of Ireland)—
(a) in paragraph (b), after “within the area” insert “in or”, and
(b) for “comprising the area for” substitute “which consists of or includes the area in or for”.
120 In section 4(1) (issue of provisional warrant), in paragraph (c), after “within the area” insert “in or”.
121 In section 6(2) (discharge of persons where police of Republic no longer require his delivery into their custody), after “justice of the peace acting” insert “in or”.
122 In section 8(1) (rules of court), for paragraph (a) substitute—
“(a) in England and Wales, Criminal Procedure Rules;”.
123 (1) Amend the Schedule (supplementary provisions as to proceedings under section 2) as follows.
(2) For paragraphs 2 and 2A substitute—
“2 The court shall sit in open court and shall consist of—
(a) at least two justices, or
(b) a District Judge (Magistrates' Courts).”
(3) In paragraph 3, for “paragraphs 2 and 2A” substitute “paragraph 2”.
124 Omit section 1(5) (jurisdiction of justices of the peace).
125 In section 2(1)(a) (loan to relevant authority)—
(a) in sub-paragraph (iii), after “applies;” insert “and”, and
(b) omit sub-paragraph (v) and “and” before it.
126 In each of the following provisions, for “Crown Court rules”, in each place it occurs, substitute “Criminal Procedure Rules”—
(a) section 2(7), (8) and (9) (issue of witness summons on application to Crown Court),
(b) section 2B(2) and (3) (summons no longer needed),
(c) section 2C(2), (3), (5), (6) and (7) (application to make section 2 summons ineffective), and
(d) section 2E(3) and (4) (application to make section 2D summons ineffective).
127 In Schedule 4 (local loans), in paragraph 1, in paragraph (a) of the definition of “local authority”—
(a) in sub-paragraph (iii), after “applies;” insert “and”, and
(b) omit sub-paragraph (v) and “and” before it.
128 In section 45 (construction of references to single judge), for “31, 31A” substitute “31 to 31C”.
129 Omit section 48 (appeal in capital cases).
130 Omit Schedule 4 (procedural and other modifications for capital cases).
131 Omit—
(a) section 55 (modification of provisions of Parts 2 and 3 for capital cases), and
(b) Schedule 2 (procedural and other modifications for capital cases).
132 (1) Amend Schedule 2 (court order cancelling licence) as follows.
(2) In paragraph 1(1)(a), for “petty sessions” substitute “local justice”.
(3) In paragraph 2(1), for “petty sessions” substitute “local justice”.
(4) In paragraph 48(5), for “justices' chief executive” substitute “designated officer”.
133 (1) Amend Schedule 3 (registration of members' clubs in England and Wales) as follows.
(2) In—
(a) paragraph 12(1) (in both places),
(b) paragraph 13(1),
(c) paragraph 15(1) (in both places),
(d) paragraph 16(1),
(e) paragraph 17(3) (in both places),
(f) paragraph 23, and
(g) paragraph 24(1) and (2),
for “chief executive to” substitute “designated officer for”.
(3) In paragraph 17(4), for “justices' chief executive” substitute “designated officer”.
134 In Schedule 7 (registration for gaming by means of machines), in—
(a) paragraphs 3(1) and 4(1),
(b) paragraph 11(1) (in both places),
(c) paragraph 11(2),
(d) paragraphs 13(1) and 14,
(e) paragraph 20(1) (in both places), and
(f) paragraphs 24 and 25(1) and (2),
for “chief executive to” substitute “designated officer for”.
135 In section 23AA (electronic monitoring of conditions of remand), in each of subsections (4)(a) and (9), for “petty sessions area” substitute “local justice area”.
136 In section 23A(2)(a) (court appearance of person arrested for breaking remand conditions), omit “for the petty sessions area in which he was arrested”.
137 In section 4(7) (power to appoint officers and staff for carrying out the administrative work of the Special Commissioners), for “section 27 of the Courts Act 1971” substitute “section 2(1) of the Courts Act 2003”.
138 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”.
139 Omit—
(a) section 27 (administrative and other court staff),
(b) section 28 (provision of accommodation), and
(c) Schedule 3 (premises formerly used for business of abolished courts).
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”.
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 (1) Amend section 18 (collecting officer in case of order made by magistrates' court not to apply for certain orders etc.) as follows.
(2) In subsection (1), for “A justices' chief executive” substitute “A designated officer for a magistrates' court”.
(3) In subsections (2) and (3), for “a justices' chief executive” substitute “the designated officer for a magistrates' court”.
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.
146 In section 43(1) (interpretation), in the definition of “the court”, omit “acting for the petty sessions area in which they are situated”.
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”.
151 In section 7(5B) (power of magistrates' court on confirming provisional order made in reciprocating country), 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”.
152 (1) Amend section 8 (enforcement of maintenance order registered in United Kingdom court) as follows.
(2) In subsection (3A), for “justices' chief executive” substitute “designated officer”.
(3) In subsection (4A), 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”.
153 In section 9(1ZA) (variation and revocation of maintenance order registered in UK court)—
(a) in paragraph (a), in the subsection (3A) to be regarded as inserted in section 60 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”,
(b) in paragraph (b), in the paragraph to be regarded as substituted for section 60(4)(b) of the 1980 Act, for “a justices' chief executive” substitute “the designated officer for the court or for any other magistrates' court”, and
(c) 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””.
154 In section 17(4) (proceedings in magistrates' courts)—
(a) for “for the same petty sessions area” substitute “in the same local justice area”, and
(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) for the words preceding paragraph (a) substitute “Rules of court may make provision with respect to—”;
(b) in paragraph (a), for “for a particular petty sessions area” substitute “in a particular local justice area”, and for “for such other petty sessions area” substitute “in such other local justice area”.
(3) In subsection (1A), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “rules of court”.
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
(c) “as the case may be,”.
157 In section 23(6) (maintenance orders registered in High Court under Maintenance Orders (Facilities for Enforcement) Act 1920), for “justices' chief executive” substitute “designated officer”.
158 In section 26(6) (application for recovery of maintenance in convention country)—
(a) in paragraph (a), for “justices' chief executive for the petty sessions area” substitute “designated officer for the local justice area in which the applicant is residing”, and
(b) in paragraph (b), after “district” insert “in which the applicant is residing”.
159 (1) Amend section 27B (sending application to appropriate magistrates' court) as follows.
(2) In subsection (1), for “justices' chief executive for a magistrates' court acting for the petty sessions” substitute “designated officer for a magistrates' court which is acting in the local justice”.
(3) In subsection (2), for “justices' chief executive for” substitute “designated officer for”.
(4) For subsection (4) substitute—
“(4) If the designated officer for a court to whom the application is sent under this section is satisfied that the respondent is residing within another local justice area, he shall send the application and accompanying documents to the designated officer for a magistrates' court acting in that other area and shall inform the Lord Chancellor that he has done so.”
(5) In subsection (5), for “justices' chief executive for” substitute “designated officer for”.
160 (1) Amend section 27C (application for recovery of maintenance in England and Wales) as follows.
(2) In subsection (4), 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”.
(3) In subsection (7), for “justices' chief executive for” substitute “designated officer for”.
161 In section 32(2A) (transfer of orders), for “justices' chief executive” substitute “designated officer”.
162 In section 34(3)(a) (application from abroad to vary registered order), for “justices' chief executive” substitute “designated officer”.
163 (1) Amend section 34A (variation of orders by magistrates' courts) as follows.
(2) In subsection (3), 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”.
(3) In subsection (4)—
(a) for “a justices' chief executive” substitute “the designated officer for the court or for any other magistrates' court in England and Wales”, and
(b) omit “the clerk of”.
(4) In subsection (5), for “the clerk” substitute “a justices' clerk”.
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.”
165 Omit section 2(8) (power to make rules of court under section 2 is without prejudice to other such powers).
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”.
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).
169 In section 35(3) (jurisdiction to hear application for alteration of maintenance agreement), for “at least one of the parties is resident within the commission area for which the court is appointed” substitute “the court acts in, or is authorised by the Lord Chancellor to act for, a local justice area in which at least one of the parties is resident”.
170 (1) Amend section 38 (orders for repayment of sums paid after cessation of periodical payments order by reason of remarriage) as follows.
(2) In subsection (6)—
(a) for “A justices' chief executive” substitute “The designated officer for a magistrates' court”, and
(b) for “the justices' chief executive” substitute “the designated officer”.
(3) In subsection (7), for “a justices' chief executive” substitute “the designated officer for a magistrates' court”.
Courts Act 2003