Office of Public Sector Information
SCHEDULE 8 continued
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) In subsection (3), before paragraph (a) insert—
“(za) one District Judge (Magistrates' Courts);”.
(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).
255 Omit—
(a) section 48 (appeal in capital cases), and
(b) Schedule 3 (procedural and other modifications for capital cases).
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”.
258 In section 18(1) (appeals to magistrates' courts), omit “acting for the petty sessions area in which the zoo is situated”.
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) In subsection (3), for “or any Circuit judge or Recorder” substitute “, Circuit judge, Recorder or District Judge (Magistrates' Courts)”.
260 In section 9(6A) (Circuit judge and Recorder not to exercise powers of single judge), after “31” insert “, 31B, 31C”.
261 In section 75(1) (allocation of cases to different sorts of judges), for “and to a Circuit judge or Recorder” substitute “, Circuit judge, Recorder or District Judge (Magistrates' Courts)”.
262 In—
(a) section 125 (copies of wills and grants),
(b) section 126(1) (depositaries for wills of living persons), and
(c) section 134(2) (right to inspect power of attorney on payment of the prescribed fee),
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 Supreme Court).
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.
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”.
268 (1) Amend section 5 (recognition and enforcement of maintenance orders) as follows.
(2) In subsection (5B), 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 (8), for “justices' chief executive” substitute “designated officer”.
269 In section 15(3) (interpretation), for “for the same petty sessions area (or, in Northern Ireland,” substitute “in the same local justice area (or, in Northern Ireland, for the same”.
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”.
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
(c) section 95(4) (fees payable in respect of duties of brokers and appraisers),
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—
(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”.
278 Omit—
(a) section 40 (family proceedings rules), and
(b) section 41 (fees in family proceedings).
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”.
281 (1) Amend section 16 (execution of warrants) as follows.
(2) In subsection (10)(i), for “chief executive to the justices for the petty sessions area for which he acts” substitute “designated officer for the local justice area in which the justice was acting when he issued the warrant”.
(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”.
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”.
291 Omit section 99 (disqualification of justices).
292 In Schedule 13 (residuary bodies), omit paragraph 13(i).
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”.
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”.
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”.
301 In section 41 (interpretation), in the definition of “the court”, omit “acting for the petty sessions area in which it is situated”.
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”.
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”.
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”.
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”.
310 In section 7(2) (duty to produce licence), for “justices' chief executive” substitute “designated officer”.
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 In section 27(5) (production of licence), for “justices' chief executive” substitute “designated officer”.
314 In section 52(3)(c) (fixed penalty notice), for “justices' chief executive” substitute “designated officer for a magistrates' court”.
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”,
(c) for “acting for” substitute “acting in”,
(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
(c) for “justices' chief executive” substitute “designated officer”.
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 In section 83(1)(b) (powers in cases of deception), for “justices' chief executive or” substitute “designated officer or”.
322 In section 84(c) (power to make regulations prescribing duties), for “justices' chief executives” substitute “designated officers”.
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”.
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”.
Courts Act 2003