Office of Public Sector Information
SCHEDULE 8 continued
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”.
331 (1) Amend section 7 (disqualification for membership of scheme) as follows.
(2) In subsection (7)(b), for “justices' chief executive for” substitute “designated officer for”.
(3) In subsection (10), omit paragraph (c) and the word “and” preceding it.
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
(c) omit “for that area” (in both places).
336 In section 83(5) (directions to submit particulars of proceedings), for “justices' chief executive for” substitute “designated officer for”.
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 (1) Amend paragraph 6A of Schedule 1 (variation of orders for periodical payments etc. made by magistrates' courts) as follows.
(2) In sub-paragraph (2), for “the clerk to the justices for the petty sessions area for which the court is acting” substitute “a magistrates' court acting in the same local justice area as the court which made the order”.
(3) In sub-paragraph (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 sub-paragraph (9), for “the clerk to the justices” substitute “a justices' clerk”.
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”.
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).
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”.
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”.
346 Omit section 11(1) (magistrates' court’s jurisdiction).
347 In section 16(10) (application to Northern Ireland)—
(a) for “for subsection (1) there shall be substituted” substitute “before subsection (2) there shall be inserted”, and
(b) omit “and subsection (6) shall be omitted”.
348 Omit section 1(12) (duty of Lord Chancellor to prepare annual reports as to the business of the Supreme Court and county courts).
349 In section 10(2) (family proceedings in magistrates' courts), for “Rules made under section 144 of the Magistrates' Courts Act 1980” substitute “Family Procedure Rules”.
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).
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
(c) in subsection (15), for the definition of “court” substitute—
““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”.
356 In section 19(3) (exclusion of Crown exemption), omit paragraph (ea).
357 For section 110 (jurisdiction of magistrates' courts) substitute—
(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.”
358 In section 71(3) (appeals), omit from “and references” onwards.
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”.
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.
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”.
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”.
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”.
364 In section 55(7) (power to make rules about orders under section 55), for “Crown Court Rules” substitute “Criminal Procedure Rules”.
365 In paragraph 3(3A) of Schedule 1 (test certificate not previously supplied), for “justices' chief executive” substitute “designated officer”.
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”.
367 In section 22 (meaning of public body etc.), omit subsection (5).
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).
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”.
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 (1) Amend Schedule 2 (police authorities established under section 3) as follows.
(2) In paragraph 1(1)(c) and (2)(c), for “magistrates” substitute “lay justices”.
(3) For paragraphs 7 and 8 substitute—
“7 The members of a police authority referred to in paragraph 1(1)(c) or (2)(c) must be lay justices each of whom is assigned to a local justice area wholly or partly within the authority’s area.
8 They shall be appointed—
(a) by the members of the police authority appointed under paragraph 2 or 5,
(b) from among persons on a short-list prepared in accordance with Schedule 3A.”
(4) In paragraph 14(1)—
(a) in paragraph (b) for “magistrate” substitute “lay justice”, and
(b) in paragraph (c) after “Schedule 3” insert “or 3A”.
(5) For paragraph 18(2) substitute—
“(2) A lay justice appointed to be a member of a police authority under paragraph 8 shall cease to be a member of the authority if he ceases to be a lay justice assigned to a local justice area wholly or partly within the authority’s area.”
(6) In paragraph 19(2)—
(a) in paragraph (a), omit “or 8”, and
(b) in paragraph (b), after “5” insert “or 8”.
(7) For paragraph 27 substitute—
“27 In this Schedule, “lay justice” has the meaning given by section 9 of the Courts Act 2003.”
374 (1) Amend Schedule 2A (the Metropolitan Police Authority) as follows.
(2) In paragraph 1(1)(c) and (2)(c), for “magistrates” substitute “lay justices”.
(3) For paragraph 5 substitute—
“5 (1) The members of the Metropolitan Police Authority referred to in paragraph 1(1)(c) or (2)(c) must be lay justices each of whom is assigned to a local justice area wholly or partly within the metropolitan police district.
(2) They shall be appointed—
(a) by the members of the Metropolitan Police Authority appointed under paragraph 2 or 3,
(b) from among persons on a short-list prepared in accordance with Schedule 3A.”
(4) In paragraph 9(1)(d) for “magistrate for a commission area” substitute “lay justice assigned to a local justice area”.
(5) For paragraph 13(3) substitute—
“(3) A lay justice appointed to be a member of the Metropolitan Police Authority under paragraph 5 shall cease to be a member of the Authority if he ceases to be a lay justice assigned to a local justice area wholly or partly within the metropolitan police district.”
(6) In paragraph 14(2)—
(a) in paragraph (a), omit “or 5”, and
(b) in paragraph (b), after “3” insert “or 5”.
(7) For paragraph 22 substitute—
“22 In this Schedule, “lay justice” has the meaning given by section 9 of the Courts Act 2003.”
375 (1) Amend Schedule 3 (police authorities: selection of independent members) as follows.
(2) In paragraph 1(1), after paragraph (b) insert—
“for the purposes of paragraph 5 of Schedule 2 and paragraph 3(3) of Schedule 2A.”
(3) After paragraph 1(4) insert—
“(5) In this Schedule “selection panel” means a selection panel established under this Schedule.”
376 After Schedule 3 insert—
1 (1) There shall be a selection panel—
(a) for each police area for the time being listed in Schedule 1, and
(b) for the police area constituted by the metropolitan police district,
for the purposes of paragraph 8 of Schedule 2 and paragraph 5 of Schedule 2A.
(2) Each selection panel shall consist of three members, one of whom shall be appointed by each of the following—
(a) the designated members of the police authority for the area;
(b) the Secretary of State;
(c) the two members of the panel appointed by virtue of paragraphs (a) and (b).
(3) A designated member may be appointed as a member of a selection panel by virtue of paragraph (a) (but not paragraph (b) or (c)) of sub-paragraph (2).
(4) In this Schedule, “designated member” means a member appointed under paragraph 2 or 5 of Schedule 2 or paragraph 2 or 3 of Schedule 2A.
(5) Subject to paragraph 3, in this Schedule “selection panel” means a selection panel established under this Schedule.
2 A person shall be disqualified for being appointed as or being a member of a selection panel if, by virtue of paragraph 11 of Schedule 2 or paragraph 7 of Schedule 2A he is disqualified—
(a) for being appointed under paragraph 8 of Schedule 2 or paragraph 5 of Schedule 2A as a member of the police authority for the panel’s area, or
(b) for being a member so appointed.
3 Paragraphs 3 to 7 of Schedule 3 apply in relation to selection panels established under this Schedule as they apply in relation to selection panels established under that Schedule.
4 (1) Where appointments of lay justices to a police authority are to be made under paragraph 8 of Schedule 2 or paragraph 5 of Schedule 2A, the selection panel for the authority’s area shall prepare a short-list of candidates and send it to the police authority concerned.
(2) Unless the selection panel are able to identify only a smaller number of suitable candidates, the number of candidates on the short-list shall be twice the number of appointments to be made.
(3) A lay justice shall not be included on a short-list in relation to an authority if he is disqualified for being appointed as a member of that authority by virtue of paragraph 11 of Schedule 2 or paragraph 7 of Schedule 2A.
5 (1) The Secretary of State may make regulations as to—
(a) the procedures to be followed in relation to the selection of lay justices for inclusion on a short-list under paragraph 2, and
(b) the conduct of the proceedings of selection panels under this Schedule.
(2) Regulations under this paragraph may in particular—
(a) make provision (including provision imposing time limits) as to the procedures to be adopted when inviting applications for inclusion on a short-list under paragraph 4 and for dealing with applications received, and
(b) provide for decisions of a selection panel under this Schedule to be taken by a majority of the members.
(3) Regulations under this paragraph may make different provision for different cases and circumstances.
(4) A statutory instrument containing regulations under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6 (1) This paragraph applies where the number of persons on the lay justice selection panel’s short-list is less than twice the number of appointments to be made.
(2) The designated members may add to the short-list such number of candidates as, when added to the number short-listed by the selection panel, equals twice the number of appointments to be made.”
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”.
382 After section 45 insert—
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).”
383 In section 9(9) (application for termination of disqualification), for “for the same petty sessions” substitute “in the same local justice”.
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);
(c) section 28(2) and (4) (video recorded cross-examination or re-examination);
(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”).
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”.
392 In Schedule 1 (public authorities), omit paragraph 34.
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)”.
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).
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”.
Courts Act 2003