Office of Public Sector Information
SCHEDULE 8 continued
171 In section 3(9) (application to terminate disqualification), for “for the same petty sessions” substitute “in the same local justice”.
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,”.
175 For section 102 (jurisdiction of magistrates' courts) substitute—
(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.”
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”.
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”.
178 In paragraph 14 of Schedule 4 (offences: delivery of licences and certificates of conviction), for “justices' chief executive” substitute “designated officer”.
179 In section 17(1) (interpretation), in the definition of “the court”, omit “acting for the petty sessions area in which they are situated”.
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”,
(c) in paragraph (c), for “Supreme Court rules” substitute “Civil Procedure Rules or Criminal Procedure Rules”, and
(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”.
187 (1) Amend Schedule 1A (bodies subject to general statutory duty) as follows.
(2) In Part 1, omit paragraph 45.
(3) In Part 2, under the heading “Regulatory, audit and inspection”—
(a) insert in the appropriate place “Her Majesty’s Inspectorate of Court Administration”, and
(b) omit “Her Majesty’s Magistrates' Courts Service Inspectorate”.
188 Omit section 22 (membership of rule committees).
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—
any sheriff, under sheriff, deputy sheriff, bailiff or officer of a sheriff; and
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”.
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 In section 27 (refusal of order in case more suitable for High Court), for “for the same petty sessions” substitute “in the same local justice”.
194 In section 30(1) (jurisdiction to hear application for order under Part 1 of the Act)—
(a) for “a magistrates' courts committee” substitute “the Lord Chancellor”, and
(b) for the words from “at the” onwards substitute “it acts in, or is authorised by the Lord Chancellor to act for, a local justice area in which either the applicant or the respondent ordinarily resides at the date of the making of the application”.
195 (1) Amend section 32 (enforcement of orders for payment of money) as follows.
(2) In subsection (2), for “a justices' chief executive” substitute “the designated officer for a magistrates' court”.
(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) In subsection (7)—
(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 (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”.
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.
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) In subsection (3), for “for the same petty sessions area as the justice who issued the warrant” substitute “in the local justice area in which the articles were seized”.
200 In section 5(1) (forfeiture of seized articles), for “for that petty sessions area” substitute “acting in that local justice area”.
In section 4 (supplemental), in subsection (4)(a), for “justices' chief executive” substitute “designated officer”.
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
(c) subsection (6) (in both places),
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) In subsection (8), for “a justices' chief executive” substitute “the designated officer for a magistrates' court”.
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
(c) for “to that justices' chief executive” substitute “to that designated officer”.
(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
(c) for “justices' chief executive shall” substitute “relevant designated officer shall”.
(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 (1) Amend section 59B(5) (interpretation of provisions relating to penalty for failing to comply with maintenance order) as follows.
(2) For the definition of “the relevant court” substitute—
““the relevant court”, 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, 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, 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 magistrates' court in which the order is registered;”.
(3) In the definition of “relevant justice”, for “for the petty sessions area for” substitute “acting in the local justice area in”.
211 (1) Amend section 60 (revocation, variation, etc. of orders for periodical payment) as follows.
(2) In subsection (4), omit “the clerk of”.
(3) In subsection (5)—
(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 of the court” substitute “a justices' clerk”.
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 (1) Amend section 65(1) (proceedings which are family proceedings for purposes of Act) as follows.
(2) After the paragraph (n) inserted by paragraph 8(a) of Schedule 11 to the Children Act 1989, insert—
“(na) section 30 of the Human Fertilisation and Embryology Act 1990;”.
(3) Renumber the paragraph (n) inserted by paragraph 60 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992 as paragraph (nb).
215 In section 66(3) (composition of family proceedings courts), for the words from “and section 67” onwards substitute ““lay justice” has the same meaning as in the Courts Act 2003”.
216 (1) Amend section 70 (jurisdiction of magistrates' courts in inner London for family proceedings) as follows.
(2) In subsection (1)—
(a) for “for an inner London petty sessions” substitute “acting in an inner London local justice”,
(b) for “for that” substitute “acting in that”,
(c) for “for any” substitute “acting in any”, and
(d) for “magistrates' courts committee whose area consists of or includes that petty sessions area” substitute “Lord Chancellor”.
(3) In subsection (2)—
(a) for “for an inner London petty sessions” substitute “acting in an inner London local justice”, and
(b) for “magistrates' courts committee whose area consists of or includes that petty sessions area so determine” substitute “Lord Chancellor so determines”.
(4) In subsection (3), in the definition of “inner London petty sessions area”, for ““inner London petty sessions area” means any petty sessions” substitute ““inner London local justice area” means any local justice”.
217 In section 74(1) (reasons for decisions in family proceedings), 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”.
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 In section 93(5) (issue of warrant to arrest person defaulting on maintenance order) for “for the same petty sessions” substitute “in the same local justice”.
229 In section 95(3) (instalments in case of non-English maintenance order), for “a justices' chief executive” (in both places) substitute “the designated officer for the court or for any other magistrates' court”.
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
(c) omit paragraph (c) and “and” before it.
(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”.
Courts Act 2003