Magistrates’ Courts Act 1980
- (4) The alternate court may, on remanding the accused in custody, require him to be brought before the court which made the order at the end of the period of remand or at such earlier time as that court may require; and, if the alternate court does so, or the accused is released on bail, the order under subsection (1) above shall cease to be in force.
- (4A) Where a magistrates’ court is satisfied as mentioned in section 128(3A) above—
- (a) subsection (1) above shall have effect as if for the words “he be brought up for any subsequent remands before” there were substituted the words “applications for any subsequent remands be made to”;
- (b) subsection (2) above shall have effect as if for the words “the accused to be brought before” there were substituted the words “an application for a further remand to be made to” and
- (c) subsection (4) above shall have effect as if for the words “him to be brought before” there were substituted the words “an application for a further remand to be made to”.
- (5) Schedule 5 to this Act shall have effect to supplement this section.
Remand of accused already in custody
131
- (1) When a magistrates’ court remands an accused person in custody and he is already detained under a custodial sentence, the period for which he is remanded may be up to 28 clear days.
- (2) But the court shall inquire as to the expected date of his release from that detention; and if it appears that it will be before 28 clear days have expired, he shall not be remanded in custody for more than 8 clear days or (if longer) a period ending with that date.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restrictions on imprisonment
Minimum term
132
A magistrates’ court shall not impose imprisonment for less than 5 days.
Consecutive terms of imprisonment
133
- (1) Subject to section 225 of the Sentencing Code, a magistrates’ court imposing imprisonment or youth custody on any person may order that the term of imprisonment or youth custody shall commence on the expiration of any other term of imprisonment or youth custody imposed by that or any other court; but where a magistrates’ court imposes two or more terms of imprisonment or youth custody to run consecutively the aggregate of such terms shall not, subject to the provisions of this section, exceed the longest term that could be imposed in respect of any one of the offences for which a term of imprisonment is being imposed.
- (2) If two or more of the terms imposed by the court are imposed in respect of an offence triable either way which was tried summarily otherwise than in pursuance of section 22(2) above, the aggregate of the terms so imposed and any other terms imposed by the court may exceed the longest term otherwise permitted by subsection (1) (if less than 12 months) but shall not, subject to the following provisions of this section, exceed 12 months.
- (2A) In relation to the imposition of terms of detention in a young offender institution subsection (2) above shall have effect as if the reference to an offence triable either way were a reference to such an offence or an offence triable only on indictment.
- (3) The limitations imposed by the preceding subsections shall not operate to reduce the aggregate of the terms that the court may impose in respect of any offences below the term which the court has power to impose in respect of any one of those offences.
- (4) Where a person has been sentenced by a magistrates’ court to imprisonment and a fine for the same offence, a period of imprisonment imposed for non-payment of the fine, or for want of sufficient goods to satisfy the fine, shall not be subject to the limitations imposed by the preceding subsections.
- (5) For the purposes of this section a term of imprisonment shall be deemed to be imposed in respect of an offence if it is imposed as a sentence or in default of payment of a sum adjudged to be paid by the conviction or for want of sufficient goods to satisfy such a sum.
Detention for short periods
Detention in police cells, etc.
134
Detention of offender for one day in court-house or police station
135
- (1) A magistrates’ court that has power to commit to prison a person convicted of an offence, or would have that power but for section 82 or 88 above, may order him to be detained within the precincts of the court-house or at any police station until such hour, not later than 8 o’clock in the evening of the day on which the order is made, as the court may direct, and, if it does so, shall not, where it has power to commit him to prison, exercise that power.
- (2) A court shall not make such an order under this section as will deprive the offender of a reasonable opportunity of returning to his abode on the day of the order.
- (3) This section shall have effect in relation to a person aged 18 or over but less than 21 as if references in it to prison were references to detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default).
Committal to custody overnight at police station for non-payment of sum adjudged by conviction
136
- (1) A magistrates’ court that has power to commit to prison a person in default of payment of a sum adjudged to be paid by a summary conviction, or would have that power but for section 82 or 88 above, may issue a warrant for his detention in a police station, and, if it does so, shall not, where it has power to commit him to prison, exercise that power.
- (2) A warrant under this section —
- (a) shall authorise the person executing itto arrest the defaulter and take him to a police station, and
- (b) shall require the officer in charge of the station to detain him there until 8 o’clock in the morning of the day following that on which he is arrested, or, if he is arrested between midnight and 8 o’clock in the morning, until 8 o’clock in the morning of the day on which he is arrested.
- (3) Notwithstanding subsection (2)(b) above, the officer may release the defaulter at any time within 4 hours before 8 o’clock in the morning if the officer thinks it expedient to do so in order to enable him to go to his work or for any other reason appearing to the officer to be sufficient.
- (4) This section shall have effect in relation to a person aged 18 or over but less than 21 as if references in it to prison were references to detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default).
Fees, fines, forfeitures, etc.
Fees
137
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Remission of fees
138
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Disposal of sums adjudged to be paid by conviction
139
The designated officer for a magistrates' court shall apply moneys received by him on account of a sum adjudged to be paid by a summary conviction as follows—
- (a) in the first place in payment of any compensation adjudged by the conviction to be paid to any person;
- (aa) in the second place in payment to the fund mentioned in paragraph (c) below of surcharges imposed under section 42 of the Sentencing Code;
- (b) in the third place in payment of any costs so adjudged to be paid to the prosecutor; and
- (c) the balance to the fund to which, or the person to whom, he is required to pay the sum by section 38 of the Courts Act 2003 or any other enactment relating to the sum.
Disposal of non-pecuniary forfeitures
140
Subject to any enactment relating to customs or excise, anything other than money forfeited on a conviction by a magistrates’ court or the forfeiture of which may be enforced by a magistrates’ court shall be sold or otherwise disposed of in such manner as the court may direct; and the proceeds shall be applied as if they were a fine imposed under the enactment on which the proceedings for the forfeiture are founded.
Clerks to justices
Clerks to justices
141
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Power to rectify mistakes etc.
Power of magistrates' court to re-open cases to rectify mistakes etc.
142
- (1) A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.
- (1A) The power conferred on a magistrates’ court by subsection (1) above shall not be exercisable in relation to any sentence or order imposed or made by it when dealing with an offender if—
- (a) the Crown Court has determined an appeal against—
- (i) that sentence or order;
- (ii) the conviction in respect of which that sentence or order was imposed or made; or
- (iii) any other sentence or order imposed or made by the magistrates’ court when dealing with the offender in respect of that conviction (including a sentence or order replaced by that sentence or order); or
- (b) the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the imposition or making of the sentence or order.
- (2) Where a person is convicted by a magistrates’ courtand it subsequently appears to the court that it would be in the interests of justice that the case should be heard again by different justices, the court may, . . .so direct.
- (2A) The power conferred on a magistrates’ court by subsection (2) above shall not be exercisable in relation to a conviction if—
- (a) the Crown Court has determined an appeal against—
- (i) the conviction; or
- (ii) any sentence or order imposed or made by the magistrates’ court when dealing with the offender in respect of the conviction; or
- (b) the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the conviction.
- (3) Where a court gives a direction under subsection (2) above—
- (a) the conviction and any sentence or other order imposed or made in consequence thereof shall be of no effect; and
- (b) section 10(4) above shall apply as if the trial of the person in question had been adjourned.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Where a sentence or order is varied under subsection (1) above, the sentence or other order, as so varied, shall take effect from the beginning of the day on which it was originally imposed or made, unless the court otherwise directs.
Power to alter sums specified in certain provisions
Power to alter sums specified in certain provisions
143
- (1) If it appears to the Secretary of State that there has been a change in the value of money since the relevant date, he may by order substitute for the sum or sums for the time being specified in any provision mentioned in subsection (2) below such other sum or sums as appear to him justified by the change.
- (2) The said provisions are—
- (a) section 22 (1) above;
- (aza) section 22A(3)(a) above;
- (aa) section 24(3) and (4) above;
- (b) the definition of “the prescribed sum” in section 32(9) above;
- (c) paragraph (a) of section 33(1) above
- (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (cb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (dd) section 59B(3) above;
- (e) the Table in paragraph 1 of Schedule 4 to this Act.
- (f) any provision mentioned in Schedule 6A to this Act;
- (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (i) section 2(13) of the Children and Young Persons Act 1969 (recognizance from parents and guardians);
- (j) the Table in section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000;
- (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (q) column 5 or 6 of Schedule 4 to the Misuse of Drugs Act 1971 so far as the column in question relates to the offences under provisions of that Act specified in column 1 of that Schedule in respect of which the maximum fines were increased by Part II of Schedule 8 to the Criminal Justice and Public Order Act 1994.
- (3) In subsection (1) above the “relevant date” means—
- (a) the date of the coming into force of section 17 of the Criminal Justice Act 1991 (increase of certain maxima); or
- (aa) in relation to section 22A(3)(a) above, the date of the coming into force of that section; or
- (b) where the sums specified in a provision mentioned in subsection (2) above have been substituted by an order under subsection (1) above ..., the date of that order.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) An order under subsection (1) above—
- (a) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may be revoked by a subsequent order thereunder; and
- (b) shall not affect the punishment for an offence committed before that order comes into force.
Rules
Rule committee and rules of procedure
144
- (A1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1) The Lord Chief Justice may, with the concurrence of the Lord Chancellor, make rules for regulating and prescribing, except in relation to any criminal cause or matter, the procedure and practice to be followed—
- (a) in magistrates' courts, and
- (b) by designated officers for magistrates' courts.
- (1A) If the Lord Chancellor does not agree rules made by the Lord Chief Justice, the Lord Chancellor must give the Lord Chief Justice ... written reasons for doing so.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The power to make rules conferred by this section shall be exercisable by statutory instrument which shall be subject to annulment by resolution of either House of Parliament.
- (4A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rules: supplementary provisions
145
- (1) The power to make rules conferred by section 144 above shall, without prejudice to the generality of subsection (1) of that section, include power to make provision—
- (a) as to the practice and procedure of justices in exercising functions preliminary or incidental to proceedings before a magistrates’ court;
- (b) as to the service and execution of process issued by or for the purposes of a magistrates’ court, including the service and execution in England and Wales of process issued in other parts of the United Kingdom;
- (c) as to the keeping of records of proceedings before magistrates’ courts and the manner in which things done in the course of, or as preliminary or incidental to, any such proceedings, or any proceedings on appeal from a magistrates’ court to the Crown Court, may be proved in any legal proceedings;
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (g) as to what magistrates’ court shall have jurisdiction to hear any complaint;
- (ga) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (h) as to the matters additional to those specified in section 53 above on complaint for which a magistrates’ court shall have power to make an order with the consent of the defendant without hearing evidence;
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Where any Act expressly confers jurisdiction on any magistrates’ court to hear a complaint, rules made under subsection (1)(g) above shall not take away that jurisdiction, but may extend it to any other magistrates’ court.
- (3) Any Act passed before 16th December 1949, in so far as that Act relates to matters about which rules may be made under section 144 above, shall have effect subject to any rules so made and may be amended or repealed by the rules accordingly; but nothing in the said section shall authorise the rules to reduce the number of justices required for any purpose by any Act.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Any rules, directions, forms or other instrument having effect immediately before this subsection comes into force as if contained in rules made under section 15 of the Justices of the Peace Act 1949 by virtue of section 15(8) of that Act (rules etc. which previously had effect under the enactments repealed by Part II of Schedule 7 to that Act) shall have effect as if contained in rules made under section 144 above.
Rules about youth courts
Rules relating to juvenile court panels and composition of juvenile courts
146
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Occasional court-houses
Occasional court-house
147
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Interpretation
" Magistrates' court"
148
- (1) In this Act the expression “magistrates’ court” means any justice or justices of the peace acting under any enactment or by virtue of his or their commission or under the common law.
- (2) Except where the contrary is expressed, anything authorised or required by this Act to be done by, to or before the magistrates’ court by, to or before which any other thing was done, or is to be done, may be done by, to or before any magistrates’ court acting in the same local justice area as that court.
Isles of Scilly
149
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation of other terms
150
- (1) In this Act, unless the context otherwise requires, the following expressions have the meaning hereby assigned to them, that is to say—
- “Act” includes local Act;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “bail in criminal proceedings” has the same meaning as in the Bail Act 1976;
- “collection order”means an order made under Part 4 of Schedule 5 to the Courts Act 2003;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “commit to custody” means commit to prison or, where any enactment authorises or requires committal to some other place of detention instead of committal to prison, to that other place;
- “committal proceedings” means proceedings before a magistrates’ court acting as examining justices;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act;
- “fine”, except for the purposes of sections 16G to 16M and of any enactment imposing a limit on the amount of any fine, includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a conviction;
- “the fines officer”, in relation to a person subject to a collection order, means any fines officer working at the fines office specified in that order;
- “impose imprisonment” means pass a sentence of imprisonment or fix a term of imprisonment for failure to pay any sum of money, or for want of sufficient goods to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone;
- “legal representative”means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “prescribed” means prescribed by rules of court;
- “preserved county” has the meaning given by section 64 of the Local Government (Wales) Act 1994;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “relevant prosecutor” has the meaning given by section 29 of the Criminal Justice Act 2003;
- “requisition” has the meaning given by section 29 of the Criminal Justice Act 2003;
- “sentence” does not include a committal in default of payment of any sum of money, or for want of sufficient goods to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone;
- “single justice procedure notice” has the meaning given by section 29 of the Criminal Justice Act 2003;
- “sum enforceable as a civil debt” means—any sum recoverable summarily as a civil debt which is adjudged to be paid by the order of a magistrates’ court;any other sum expressed by this or any other Act to be so enforceable;
- “transfer of fine order” has the meaning assigned to it by section 89 above.
- “written charge” has the meaning given by section 29 of the Criminal Justice Act 2003;
- (2) Except where the contrary is expressed or implied, anything required or authorised by this Act to be done by justices may, where two or more justices are present, be done by one of them on behalf of the others.
- (3) Any reference in this Act to a sum adjudged to be paid by a conviction or order of a magistrates’ court shall be construed as including a reference to any costs, damages or compensation adjudged to be paid by the conviction or order of which the amount is ascertained by the conviction or order; but this subsection does not prejudice the definition of “sum adjudged to be paid by a conviction” contained in subsection (8) of section 81 above for the purposes of that section.
- (3A) References in this Act to want of sufficient goods to satisfy a fine or other sum of money have the meaning given by section 79(4).
- (4) Where the age of any person at any time is material for the purposes of any provision of this Act regulating the powers of a magistrates’ court, his age at the material time shall be deemed to be or to have been that which appears to the court after considering any available evidence to be or to have been his age at that time.
- (5) Except where the context otherwise requires, any reference in this Act to an offence shall be construed as including a reference to an alleged offence; and any reference in this Act to an offence committed, completed or begun anywhere shall be construed as including a reference to an offence alleged to have been committed, completed or begun there.
- (6) References in this Act to an offence punishable with imprisonment or punishable on summary conviction with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under this or any other Act on imprisonment of young offenders.
- (7) The provisions of this Act authorising a magistrates’ court on conviction of an offender to pass a sentence or make an order instead of dealing with him in any other way shall not be construed as taking away any power to order him to pay costs, damages or compensation.
Miscellaneous
Application of Act to distress for rates
151
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Saving for juvenile courts
152
The provisions of this Act relating to the constitution, place of sitting and procedure of magistrates’ courts shall, in their application to juvenile courts, have effect subject to any provision contained in rules of court or any enactment regulating the constitution, place of sitting or procedure of juvenile courts.
Magistrates' court may sit on Sundays and public holidays
153
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Repeals, short title, etc.
Consequential amendments, transitional provisions, repeals, etc.
154
- (1) Subject to subsection (2) below, the enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act.
- (2) The transitional provisions and savings in Schedule 8 to this Act shall have effect.
- (3) Subject to subsection (2) above, the enactments specified in Schedule 9 to this Act (which include enactments which were spent before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.
- (4) Nothing in this Act shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).
Short title, extent and commencement
155
- (1) This Act may be cited as the Magistrates’ Courts Act 1980.
- (2) The following provisions of this Act extend to Scotland—
- (a) sections 8 (except subsection (9)), 12(13), 83(3), 90 and 91 and this section; and
- (b) section 154 and Schedules 7, 8 and 9 so far as they relate to any enactment extending to Scotland.
- (3) The following provisions of this Act extend to Northern Ireland—
- (a) sections 83(3), 90 and 91 and this section; and
- (b) section 154 and Schedules 7, 8 and 9 so far as they relate to an enactment extending to Northern Ireland.
- (4) The provisions of section 126 above have the same extent as the section of the Indictable Offences Act 1848 to which they refer.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Except as stated in subsections (2) to (5) above, and except so far as relates to the interpretation or commencement of the provisions mentioned in those subsections, this Act extends to England and Wales only.
- (7) This Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument.
SCHEDULE 1
1
Offences at common law of public nuisance.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Offences consisting in contravention of section 13 of the Statutory Declarations Act 1835 (administration by a person of an oath etc. touching matters in which he has no jurisdiction).
4
Offences under section 36 of the Malicious Damage Act 1861 (obstructing engines or carriages on railways).
5
Offences under the following provisions of the Offences against the Person Act 1861—
- (a) section 16 (threats to kill);
- (b) section 20 (inflicting bodily injury, with or without a weapon);
- (c) section 26 (not providing apprentices or servants with food etc.);
- (d) section 27 (abandoning or exposing child);
- (e) section 34 (doing or omitting to do anything so as to endanger railway passengers);
- (f) section 36 (assaulting a clergyman at a place of worship etc.);
- (g) section 38 (assault with intent to resist apprehension);
- (h) section 47 (assault occasioning bodily harm. . . );
- (i) section 57 (bigamy);
- (j) section 60 (concealing the birth of a child).
6
Offences under section 20 of the Telegraph Act 1868 (disclosing or intercepting messages).
7
Offences under section 13 of the Debtors Act 1869 (transactions intended to defraud creditors).
8
Offences under section 5 of the Public Stores Act 1875 (obliteration of marks with intent to conceal).
9
Offences under section 12 of the Corn Returns Act 1882 (false returns).
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
Offences under section 3 of the Submarine Telegraph Act 1885 (damaging submarine cables).
12
Offences under section 13 of the Stamp Duties Management Act 1891 (offences in relation to dies and stamps).
13
Offences under section 8(2) of the Cremation Act 1902 (making false representations etc. with a view to procuring the burning of any human remains).
14
All offences under the Perjury Act 1911 except offences under—
- (a) section 1 (perjury in judicial proceedings);
- (b) section 3 (false statements etc. with reference to marriage);
- (c) section 4 (false statements etc. as to births or deaths).
15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
Offences under section 8(2) of the Census Act 1920 (disclosing census information).
19
Offences under section 36 of the Criminal Justice Act 1925 (forgery of passports etc.).
20
Offences under section 11 of the Agricultural Credits Act 1928 (frauds by farmers).
21
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22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
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24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26
The following offences under the Criminal Law Act 1967—
- (a) offences under section 4(1) (assisting offenders); and
- (b) offences under section 5(1) (concealing arrestable offences and giving false information),
where the offence to which they relate is triable either way.
27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28
All indictable offences under the Theft Act 1968 except:—
- (a) robbery, aggravated burglary, blackmail and assault with intent to rob;
- (b) burglary comprising the commission of, or an intention to commit, an offence which is triable only on indictment;
- (c) burglary in a dwelling if any person in the dwelling was subjected to violence or the threat of violence.
29
Offences under the following provisions of the Criminal Damage Act 1971—
- section 1(1) (destroying or damaging property);
- section 1(1) and (3) (arson);
- section 2 (threats to destroy or damage property);
- section 3 (possessing anything with intent to destroy or damage property).
30
Offences in relation to stamps issued for the purpose of national insurance under the provisions of any enactments as applied to those stamps.
31
Uttering any forged document the forgery of which is an offence listed in this Schedule.
32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33
Aiding, abetting, counselling or procuring the commission of any offence listed in the preceding paragraphs of this Schedule except paragraph 26.
34
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2
SCHEDULE 3
1
- (1) A magistrates’ court may commit a corporation for trial by an order in writing empowering the prosecutor to prefer a bill of indictment in respect of the offence named in the order.
- (2) An order under this paragraph shall not prohibit the inclusion in the bill of indictment of counts that under section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 may be included in the bill in substitution for, or in addition to, counts charging the offence named in the order.
2
A representative may on behalf of a corporation—
- (a) make before examining justices such representations as could be made by an accused who is not a corporation;
- (b) consent to the corporation being tried summarily;
- (c) enter a plea of guilty or not guilty on the trial by a magistrates’ court of an information.
3
- (1) Where a representative appears, any requirement of this Act that anything shall be done in the presence of the accused, or shall be read or said to the accused, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or said to the representative.
- (2) Where a representative does not appear, any such requirement, and any requirement that the consent of the accused shall be obtained for summary trial, shall not apply.
4
- (1) Notification or intimation for the purposes of subsections (2) and (3) of section 12 above may be given on behalf of a corporation by a director or the secretary of the corporation; and those subsections shall apply in relation to a notification or intimation purporting to be so given as they apply to a notification or intimation purporting to be given by an individual accused.
- (2) In this paragraph “director”, in relation to a corporation which is established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking and whose affairs are managed by the members thereof, means a member of that corporation.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Subject to the preceding provisions of this Schedule, the provisions of this Act relating to the trial of indictable offences shall apply to a corporation as they apply to an adult.
7
Where a corporation and an individual who has attained the age of 17 are jointly charged before a magistrates’ court with an offence triable either way, the court shall not try either of the accused summarily unless each of them consents to be so tried.
8
Subsection (6) of section 33 of the Criminal Justice Act 1925 shall apply to a representative for the purposes of this Schedule as it applies to a representative for the purposes of that section.
SCHEDULE 4
1
Subject to the following provisions of this Schedule, the periods set out in the second column of the following Table shall be the maximum periods applicable respectively to the amounts set out opposite thereto, being amounts due at the time the imprisonment or detention is imposed.
2
- (1) Where the amount due at the time imprisonment or detention is imposed is so much of a sum adjudged to be paid by a summary conviction as remains due after part payment, then, subject to sub-paragraph (2) below, the maximum period applicable to the amount shall be the period applicable to the whole sum reduced by such number of days as bears to the total number of days therein the same proportion as the part paid bears to the whole sum.
- (2) In calculating the reduction required under sub-paragraph (1) above any fraction of a day shall be left out of account and the maximum period shall not be reduced to less than seven days.
3
The maximum period applicable to a sum of any amount enforceable as a civil debt shall be 6 weeks.
SCHEDULE 5
1
A court which, on adjourning a case, makes an order under section 130(1) of this Act is not required at that time to fix the time and place at which the case is to be resumed but shall do so as soon as practicable after the order ceases to be in force.
2
Where an order under subsection (1) of section 130 of this Act is made in the course of proceedings which, for the purposes of section 8 of this Act, are committal proceedings, proceedings relating to the accused before the alternate court are also committal proceedings for those purposes.
3
A court making an order under subsection (1) of section 130 of this Act or remanding the accused under subsection (4) shall at once notify the terms of the order or remand to the court before which the accused is to be brought for the hearing on any application for a subsequent remand or, as the case may be, before which any such application is to be made without his being brought before it
4
A person to whom an order under section 130(1) of this Act applies shall, if released on bail, be bailed to appear before the court which made the order.
5
Section 130 of this Act and this Schedule have effect notwithstanding anything in sections 10, 17C, 18(4) or 24C of this Act.
SCHEDULE 6
PART I — FEES TO BE TAKEN BY Justices’ chief executives
Part II — MATTERS IN RESPECT OF WHICH NO FEES ARE CHARGEABLE
1
Any summons, warrant, notice or order issued, given or made under section 83(1) or (2), 88, 89 or 136 of this Act, or section 104 of the General Rate Act 1967, or under any rule made for the purposes of those provisions.
2
Any criminal matter, but this paragraph shall not prevent the charging of a fee for supplying, for use in connection with a matter which is not a criminal matter, a copy of a document prepared for use in connection with a criminal matter.
Part III — MATTERS TO WHICH PART I DOES NOT APPLY
1
2
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 7
Summary Jurisdiction Act 1857 (20 & 21 Vict. c. 43)
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Law Amendment Act 1867 (30 & 31 Vict. c. 35)
2
In section 6 of the Criminal Law Amendment Act 1867 for “section forty-one of the Magistrates’ Courts Act 1952” substitute “ section 105 of the Magistrates’ Courts Act 1980 ” and for “section fifteen of the Justices of the Peace Act 1949” substitute “ section 144 of that Act ”.
Gun Barrel Proof Act 1868 (c. cxiii)
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1925 (15 & 16 Geo. 5 c. 86)
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children and Young Persons Act 1933 (23 & 24 Geo. 5 c. 12)
6
In section 46(1A) of the Children and Young Persons Act 1933 for “section I of the Magistrates’ Courts Act 1957” substitute “ section 12 of the Magistrates’ Courts Act 1980 ”.
Criminal Justice Act 1948 (11 & 12 Geo. 6 c. 58)
7
In section 27(3) of the Criminal Justice Act 1948 for “section 105(5) of the Magistrates’ Courts Act 1952” substitute “ section 128(7) of the Magistrates’ Courts Act 1980 ”.
Maintenance Orders Act 1950 (14 Geo. 6 c. 37)
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rag Flock and Other Filling Materials Act 1951 (14 & 15 Geo. 6 c. 63)
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pharmacy Act 1954 (2 & 3 Eliz. 2 c. 61)
10
In section 21 of the Pharmacy Act 1954 for “the Magistrates’ Courts Act 1952” substitute “the Magistrates’ Courts Act 1980”.
Mines and Quarries Act 1954 (2 & 3 Eliz. 2 c. 70)
11
In section 153(a) of the Mines and Quarries Act 1954 for “section thirty-five of the Magistrates’ Courts Act 1952” substitute “ section 44 of the Magistrates’ Courts Act 1980 ”.
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
12
In sections 187(4) and 215(9) of the Army Act 1955 for “the Magistrates’ Courts Act 1952” substitute, in each case, “ the Magistrates’ Courts Act 1980 ”.
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
13
In sections 187(4) and 215(9) of the Air Force Act 1955 for “the Magistrates’ Courts Act 1952” substitute, in each case, “ the Magistrates’ Courts Act 1980 ”.
Food and Drugs Act 1955 (4 & 5 Eliz. 2 c. 16)
14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
In section 117(1) of the Food and Drugs Act 1955 for "the Magistrates' Courts Act 1952 " substitute " the Magistrates' Courts Act 1980 ".
Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956 (4 & 5 Eliz. 2 c. 44)
16
In section 1(1) of the Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956 for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”.
Sexual Offences Act 1956 (4 & 5 Eliz. 2 c.69)
17
In section 37(7) of the Sexual Offences Act 1956—
- (a) in paragraph (a) for “section 6 of the Children and Young Persons Act 1969” substitute “ section 24 of the Magistrates’ Courts Act 1980 ”;
- (b) in paragraph (b) for “subsection (5) of section ninety-eight of the Magistrates’ Courts Act 1952” substitute “ subsection (5) of section 121 of the Magistrates’ Courts Act 1980 ”.
18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dentists Act 1957 (5 & 6 Eliz. 2 c.28)
19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Affiliation Proceedings Act 1957 (5 & 6 Eliz. 2 c.55)
20
In section 5(5) of the Affiliation Proccediings Act 1957 for “section fifty-two of the Magistrates’ Courts Act 1952” substitute “ section 59 of the Magistrates’ Courts Act 1980 ”.
21
In section 6A of the Affiliation Proceedings Act 1957—
- (a) in subsection (1) for “section 53 of the Magistrates’ Courts Act 1952” substitute “ section 60 of the Magistrates’ Courts Act 1980 ”;
- (b) in subsection (2) for the “said section 53” substitute “ the said section 60 ”;
- (c) in subsection (5) for “section 63 of the Magistrates’ Courts Act 1952” substitute “ section 75 of the Magistrates’ Courts Act 1980 ”
Housing Act 1957 (5 & 6 Eliz. 2 c. 56)
22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maintenance Orders Act 1958 (6 & 7 Eliz. 2 c.39)
23
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adoption Act 1958 (7 Eliz. 2 c. 5)
25
In section 9(2) and (4) of the Adoption Act 1958 for “section fifteen of the Justices of the Peace Act 1949” substitute “ section 144 of the Magistrates’ Courts Act 1980 ”.
26
In section 48 of the Adoption Act 1958 for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”.
Manoeuvres Act 1958 (7 & 8 Eliz. 2 c.7)
27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
County Courts Act 1959 (7 & 8 Eliz. 2 c. 22)
28
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Highways Act 1959 (7 & 8 Eliz.2 c.25)
29
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Street Offences Act 1959 (7 & 8 Eliz.2 c.57)
30
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mental Health Act 1959 (7 & 8 Eliz. 2 c. 72)
31
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32
In section 72(6)(b) of the Mental Health Act 1959 for " subsection (3) of section ninety-one of the Magistrates' Courts Act 1952 " substitute " subsection (3) of section 115 of the Magistrates' Courts Act 1980 ".
33
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34
In section 77(3) of the Mental Health Act 1959 for " section one hundred and five of the Magistrates' Courts Act 1952" substitute " section 128 of the Magistrates' Courts Act 1980 ".
Road Traffic Act 1960 (8 & 9 Eliz. 2 c.16)
35
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration of Justice Act 1960 (8 & 9 Eliz.2 c.65)
36
In section 13(5) of the Administration of Justice Act 1960, in paragraph (c) for “subsection (3) of section fifty-four of the Magistrates’ Courts Act 1952” substitute “ subsection (3) of section 63 of the Magistrates’ Courts Act 1980 ”, and in the words following paragraph (c) for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”.
Factories Act 1961 (9 & 10 Eliz.2 c.34)
37
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1961 (9 & 10 Eliz. 2 c. 39)
38
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39
In section 3(4) of the Criminal Justice Act 1961 for " section one hundred and eight of the Magistrates' Courts Act 1952 " substitute " section 133 of the Magistrates' Courts Act 1980 ".
40
In section 4(4) of the Criminal Justice Act 1961 for " subsection (3) of section fourteen of the Magistrates' Courts Act 1952 " substitute " subsection (3) of section 10 of the Magistrates' Courts Act 1980 ".
41
In section 5(5) of the Criminal Justice Act 1961 for " Part III of the Magistrates' Courts Act 1952" substitute " Part III of the Magistrates' Courts Act 1980 ".
42
In section 12(4) of the Criminal Justice Act 1961 for " subsection (3) of section fourteen of the Magistrates' Courts Act 1952 " substitute " subsection (3) of section 10 of the Magistrates' Courts Act 1980 ".
Plant Varieties and Seeds Act 1964 (c.14)
43
In section 23(2) of the Plant Varieties and Seeds Act 1964 for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”.
44
In section 28 of the Plant Varieties and Seeds Act 1964—
- (a) in subsection (1) for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ” ;
- (b) in subsection (2) for “the said section 104” substitute “ the said section 127(1) ”.
Licensing Act 1964 (c.26)
45
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration of Justice Act 1964 (c.42)
51
In section 38(1) of the Administration of Justice Act 1964 for “section 28 or 29 of the Magistrates’ Courts Act 1952” substitute “ section 37 or 38 of the Magistrates’ Courts Act 1980 ”.
Magistrates' Courts Act (Northern Ireland) 1964 (c.21 (N.I.))
52
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finance Act 1965 (c.25)
53
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gas Act 1965 (c.36)
54
In section 21(4) of the Gas Act 1965 for “section 35 of the Magistrates’ Courts Act 1952” substitute “ section 44 of the Magistrates’ Courts Act 1980 ”.
Backing of Warrants (Republic of Ireland) Act 1965 (c.45)
55
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Procedure (Attendance of Witnesses) Act 1965 (c.69)
56
In section 8 of the Criminal Procedure (Attendance of Witnesses) Act 1965 for “section 77 of the Magistrates’ Courts Act 1952” substitute “ section 97 of the Magistrates’ Courts Act 1980 ”.
General Rate Act 1967 (c.9)
57
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
58
In section 98 of the General Rate Act 1967 for " the Magistrates' Courts Act 1952 " substitute " the Magistrates' Courts Act 1980 ".
59
In section 104(2) of the General Rate Act 1967 for "section 15 of the Magistrates' Courts Act 1952 " substitute " section 13 of the Magistrates' Courts Act 1980 ".
60
In section 107(1) of the General Rate Act 1967 for " section 122(3) of the Magistrates' Courts Act 1952" substitute " section 145(3) of the Magistrates' Courts Act 1980 ".
Criminal Law Act 1967 (c.58)
61
In section 2(1) of the Criminal Law Act 1967 for “section 29 of the Criminal Law Act 1977” substitute “ section 33 of the Magistrates’ Courts Act 1980 ”, for “subsection (2) of section 23 of the said Act of 1977” substitute “ subsection (2) of section 22 of the sadi Act of 1980 ” and for “the said section 23” substitute “ the said section 22 ”.
Wireless Telegraphy Act 1967 (c.72)
62
In section 11(4) of the Wireless Telegraphy Act 1967 for “section 115 of the Magistrates’Courts Act 1952” substitute “ section 140 of the Magistrates’ Courts Act 1980 ”.
Criminal Justice Act 1967 (c.80)
63
In section 7 of the Criminal Justice Act 1967 for “section 2 of this Act” substitute “ section 102 of the Magistrates’ Courts Act 1980 ”.
64
In section 11(3) of the Criminal Justice Act 1967 for “section 15 of the Justices of the Peace Act 1949” substitute “ section 144 of the Magistrates’ Courts Act 1980 ”.
65
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
66
In section 36(2) of the Criminal Justice Act 1967 for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”.
67
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68
In section 62(7) of the Criminal Justice Act 1967 for “section 29 of the Magistrates’ Courts Act 1952” substitute “ section 38 of the Magistrates’ Courts Act 1980 ”.
69
In section 90(2) and (4) of the Criminal Justice Act 1967 for “section 104 of the Magistrates’ Courts Act 1952” substitute, in each case, “section 127(1) of the Magistrates’ Courts Act 1980”.
Companies Act 1967 (c.81)
70
In section 49(3) of the Companies Act 1967 for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”.
Criminal Appeal Act 1968 (c.19)
71
In section 1 of the Criminal Appeal Act 1968—
- (a) in subsection (1) insert at the beginning “ Subject to subsection (3) below ” ;
- (b) insert after subsection (2)—
(3) Where a person is convicted before the Crown Court of a scheduled offence it shall not be open to him to appeal to the Court of Appeal against the conviction on the ground that the decision of the court which committed him for trial as to the value involved was mistaken. (4) In subsection (3) above “scheduled offence” and “the value involved” have the same meanings as they have in section 22 of the Magistrates’ Courts Act 1980 (certain offences against property to be tried summarily if value of property or damage is small).
.
Firearms Act 1968 (c.27)
72
In section 51(4) of the Firearms Act 1968 for “section 104 of the Magistrates’Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”.
73
In Part II of Schedule 6 to the Firearms Act 1968, in paragraph 3—
- (a) in sub-paragraph (1) for “Schedule 3 to the Criminal Law Act 1977” substitute “ Schedule 1 to the Magistrates’ Courts Act 1980 ” ;
- (b) in sub-paragraph (2) for “sections 19 to 24 of the said Act of 1977” substitute “ sections 18 to 23 of the said Act of 1980 ” ;
- (c) in sub-paragraph (3) for “the said sections 19 to 24” substitute “ the said sections 18 to 23 ” and for “section 25(3) and (4) of the said Act of 1977” substitute “ section 25(3) and (4) of the said Act of 1980 ”.
Trade Descriptions Act 1968 (c.29)
74
In section 19(2) and 40(1)(a) of the Trade Descriptions Act 1968 for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”.
Civil Evidence Act 1968 (c.64)
75
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Medicines Act 1968 (c.67)
76
In section 125(1) of the Medicines Act 1968 for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”.
Sea Fisheries Act 1968 (c.77)
77
In section 12(3) of the Sea Fisheries Act 1968 for “Sections 65(1) and 66 of the Magistrates’ Courts Act 1952” substitute “ Sections 77(1) and 78 of the Magistrates’ Courts Act 1980 ”.
Children and Young Persons Act 1969 (c. 54)
78
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
79
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
80
In section 8(3) of the Children and Young Persons Act 1969 for “Subsections (2) and (4) of section 40 of the Magistrates’ Courts Act 1952” substitute “ Subsections (2) and (4) of section 49 of the Magistrates’ Courts Act 1980 ”.
81
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
82
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
83
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
84
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
86
In Schedule 4 to the Children and Young Persons Act 1969, in paragraph 5(1), for “section 28(1) of the Magistrates’ Courts Act 1952” substitute “ section 37(1) of the Magistrates’ Courts Act 1980 ”.
87
In Schedule 5 to the Children and Young Persons Act 1969, in paragraph 55, for “sections 2 and 9 of the Criminal Justice Act 1967” substitute “ section 9 of the Criminal Justice Act 1967 and section 102 of the Magistrates’ Courts Act 1980 ”.
Administration of Justice Act 1970 (c. 31)
88
In section 41(8) of the Administration of Justice Act 1970 for “section 64 of the Magistrates’ Courts Act 1952” substitute “ section 76 of the Magistrates’ Courts Act 1980 ” and for “paragraph 2 of Schedule 3 to that Act” substitute “ paragraph 2 of Schedule 4 to that Act ”.
89
In Schedule 1 to the Administration of Justice Act 1970 for “section 54(3) of the Magistrates’ Courts Act 1952” substitute “ section 63(3) of the Magistrates’ Courts Act 1980 ”.
Merchant Shipping Act 1970 (c. 36)
90
In section 56(2) and (7) of the Merchant Shipping Act 1970 for “subsections (1), (3) and (4) of section 77 of the Magistrates’ Courts Act 1952” substitute, in each place, “ subsections (1), (3) and (4) of section 97 of the Magistrates’ Courts Act 1980 ”.
Guardianship of Minors Act 1971 (c. 3)
91
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
92
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vehicles (Excise) Act 1971 (c.10)
93
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Courts Act 1971 (c.23)
94
In section 7(2) of the Courts Act 1971 for “subsection (1) above” substitute “ section 7 of the Magistrates’ Courts Act 1980 ” ;
95
In section 13 of the Courts Act 1971—
- (a) in subsection (5)(e) for “sections 94 and 95 of the Magistrates’ Courts Act 1952” substitute “ sections 118 and 119 of the Magistrates’ Courts Act 1980 ” ;
- (b) in subsection (8) for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”.
96
In section 52(5) of the Courts Act 1971 for “section 55 of the Magistrates’ Courts Act 1952” substitute “ section 64 of the Magistrates’ Courts Act 1980 ”.
Attachment of Earnings Act 1971 (c.32)
97
In section 3 of the Attachment of Earnings Act 1971—
- (a) in subsection (1)(c) for “section 52(1) of the Magistrates’ Courts Act 1952” substitute “ section 59(1) of the Magistrates’ Courts Act 1980 ” ;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98
In section 8(3) of the Attachment of Earnings Act 1971 for “section 65(2) of the Magistrates’ Courts Act 1952” substitute “ section 77(2) of the Magistrates’ Courts Act 1980 ”.
99
In section 17(3)(e) of the Attachment of Earnings Act 1971 for “Part III of the Magistrates’ Courts Act 1952” substitute “ Part III of the Magistrates’ Courts Act 1980 ”.
100
In section 19 of the Attachment of Earnings Act 1971—
- (a) in subsection (4) for “section 43 of the Magistrates’ Courts Act 1952” substitute “ section 51 of the Magistrates’ Courts Act 1980 ” ;
- (b) in subsection (5) for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”.
101
In section 25 of the Attachment of Earnings Act 1971—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) in subsection (6) for “Part III of the Magistrates’ Courts Act 1952” substitute “ Part III of the Magistrates’ Courts Act 1980 ”.
Misuse of Drugs Act 1971 (c.38)
102
In section 25(4) of the Misuse of Drugs Act 1971 for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”.
Fire Precautions Act 1971 (c.40)
103
In section 26(1) of the Fire Precautions Act 1971 for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”.
Immigration Act 1971 (c.77)
104
In section 6(2) of the Immigration Act 1971 for “section 14(3) of the Magistrates’ Courts Act 1952” substitute “ section 10(3) of the Magistrates’ Courts Act 1980 ”.
Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18)
105
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
106
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
107
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
108
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
109
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
110
In section 41 of the Maintenance Orders (Reciprocal Enforcement) Act 1972—
- (a) in subsections (1), (2A) and (2B) for “section 53 of the Magistrates’ Courts Act 1952" substitute, in each case, “section 60 of the Magistrates’ Courts Act 1980" ;
- (b) in subsection (2A) for “section 15 of the Justices of the Peace Act 1949" substitute “section 144 of the Magistrates’ Courts Act 1980" ;
- (c) in subsection (2B) for “section 47(3) of the Magistrates’ Courts Act 1952" substitute “section 55(3) of the Magistrates’ Courts Act 1980".
Road Traffic Act 1972 (c.20)
111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
112
In Part I of Schedule 4 to the Road Traffic Act 1972, in column 4 of the entries relating to section 2 and section 99(b), for " section 28 of the Criminal Law Act 1977 " substitute, in each case, " section 32 of the Magistrates' Courts Act 1980 ".
Civil Evidence Act 1972 (c.30)
113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1972 (c.71)
114
In section 46 of the Criminal Justice Act 1972—
- (a) in subsection (1) for the words from “Sections 2” to “those sections)” substitute “ Section 102 of the Magistrates’ Courts Act 1980 and section 9 of the Criminal Justice Act 1967 (which respectively allow written statements to be used as evidence in committal proceedings and in other criminal proceedings) and section 106 of the said Act of 1980 and section 89 of the said Act of 1967 (which punish the making of false statements which are tendered in evidence under the said section 102 or 9, as the case may be) ” ;
- (b) in subsection (2) for “The said section 2” substitute “ The said section 102 ”.
115
In section 49(1) of the Criminal Justice Act 1972 for “Part III of the Magistrates’ Courts Act 1952” substitute “ Part III of the Magistrates’ Courts Act 1980 ”.
Guardianship Act 1973 (c.29)
116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fair Trading Act 1973 (c.41)
118
In section 129(2) and (4) of the Fair Trading Act 1973 for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”.
Powers of Criminal Courts Act 1973 (c.62)
119
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
120
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
121
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
122
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Slaughterhouses Act 1974 (c.3)
124
In section 6(2) of the Slaughterhouses Act 1974 for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”
125
In sections 38(6) and 43(3) of the Slaughterhouses Act 1974 for “section 35 of the Magistrates’ Courts Act 1952” substitute, in each case, “ section 44 of the Magistrates’ Courts Act 1980 ”
Legal Aid Act 1974 (c.4)
126
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
127
In section 30(11) of the Legal Aid Act 1974 for "section 91 of the Magistrates' Courts Act 1952 " substitute " section 115 of the Magistrates' Courts Act 1980 ".
128
In section 40(1) of the Legal Aid Act 1974 for " section 28 or 29 of the Magistrates' Courts Act 1952" substitute " section 37 or 38 of the Magistrates' Courts Act 1980 ".
129
In Schedule 3 to the Legal Aid Act 1974—
- (a) in paragraph 2 for " section 63 of the Magistrates' Courts Act 1952 " substitute " section 75 of the Magistrates' Courts Act 1980 ";
- (b) in paragraph 3 for " Sections 74 (complaint for arrears), 75 (effect of committal on arrears) and 76 (power to remit arrears) of the Magistrates' Courts Act 1952" substitute " Sections 93 (complaint for arrears), 94 (effect of committal on arrears) and 95 (power to remit arrears) of the Magistrates' Courts Act 1980 ";
- (c) in paragraph 4 for "section 55 of the Magistrates' Courts Act 1952 " substitute " section 64 of the Magistrates' Courts Act 1980 ";
- (d) in paragraph 6 for " Section 68 of the Magistrates' Courts Act 1952 " substitute " Section 80 of the Magistrates' Courts Act 1980 ".
Control of Pollution Act 1974 (c.40)
130
In section 87(3) of the Control of Pollution Act 1974 for “section 104 of the Magistrates’ Courts Act 1952” substitute “ section 127(1) of the Magistrates’ Courts Act 1980 ”.
Friendly Societies Act 1974 (c.46)
131
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Solicitors Act 1974 (c.47)
132
In sections 26, 42(2) and 44(4) of the Solicitors Act 1974 for “the Magistrates’ Courts Act 1952” substitute, in each case, “ the Magistrates’ Courts Act 1980 ”.
Insurance Companies Act 1974 (c.49)
133
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rehabilitation of Offenders Act 1974 (c.53)
134
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social Security Act 1975 (c.14)
135
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Procedure (Scotland) Act 1975 (c.21)
136
In section 397(1) of the Criminal Procedure (Scotland) Act 1975 for “section 72A of the Magistrates’ Courts Act 1952” substitute “ section 90 of the Magistrates’ Courts Act 1980 ”.
137
In section 403 of the Criminal Procedure (Scotland) Act 1975—
- (a) in subsection (4) for “section 72A of the Magistrates’ Courts Act 1952” substitute “ section 90 of the Magistrates’ Courts Act 1980 ”, for “the said Act of 1952” (in the first place where the words occur) substitute “ the said Act of 1980 ” and for “the Table set out in paragraph 1 of Schedule 3 to the said Act of 1952” substitute “ the Table set out in paragraph I of Schedule 4 to the said Act of 1980 ” ;
- (b) in subsection (6) for “section 72A of the Magistrates’ Courts Act 1952” substitute “ section 90 of the Magistrates’ Courts Act 1980 ”.
Children Act 1975 (c.72)
138
In section 46(4) of the Children Act 1975 for “section 55(1) of the Magistrates’ Courts Act 1952” substitute “ section 64(1) of the Magistrates’ Courts Act 1980 ”.
Presention of Terrorism (Temporary Provisions) Act 1976 (c.8)
139
In section 12(3) of the Prevention of Terrorism (Temporary Provisions) Act 1976 for “Section 38 of the Magistrates’ Courts Act 1952” substitute “ Section 43 of the Magistrates’ Courts Act 1980 ”.
Restrictive Trade Practices Act 1976 (c.34)
140
In sections 39(2) and 41(5) and (7) of the Restrictive Trade Practices Act 1976 for “section 104 of the Magistrates" Courts Act 1952” substitute, in each case, “ section 127(1) of the Magistrates’ Courts Act 1980 ”.
Adoption Act 1976 (c.36)
141
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
142
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bail Act 1976 (c.63)
143
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
145
In section 4(7) of the Bail Act 1976 for “section 8 of the Magistrates’ Courts Act 1952” substitute “section 41 of the Magistrates’ Courts Act 1980”.
146
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Land Drainage Act 1976 (c.70)
147
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sexual Offences (Amendment) Act 1976 (c.82)
148
In section 3(3) of the Sexual Offences (Amendment) Act 1976 for “section 6(1) of the Children and Young Persons Act 1969” substitute “ section 24(1) of the Magistrates’ Courts Act 1980 ”.
Criminal Law Act 1977 (c.45)
149
In section 28(8) of the Criminal Law Act 1977 for “Schedule 3 to this Act” substitute “ Schedule I to the Magistrates’ Courts Act 1980 ”.
150
In section 38(1) of the Criminal Law Act 1977 for “subsection (4) of section 102 of the Magistrates’ Courts Act 1952” substitute “ subsection (3) of section 125 of the Magistrates’ Courts Act 1980 ”.
151
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
152
In section 64(2) of the Criminal Law Act 1977 for “section 23 above” substitute “ section 22 of the Magistrates’ Courts Act 1980 (cases where value involved is small) ”.
153
In section 65(2) of the Criminal Law Act 1977 for “14” substitute “ 15 ” and for “Magistrates’ Courts Act 1952” substitute “ Magistrates’ Courts Act 1980 ”.
154
In paragraph 1 of Schedule 5 to the Criminal Law Act 1977—
- (a) in subparagraph (1)(b), for “subparagraph (2)(b) below” substitute “ subparagraph (IA) below ” ;
- (b) after subparagraph (1) insert—
(1A) The offences mentioned in subparagraph (1)(b) above are offences under the following provisions of the Misuse of Drugs Act 1971, where the controlled drug in relation to which the offence was committed was a Class C drug, namely— (i) section 4(2) (production, or being concerned in the production, of a controlled drug) ; (ii) section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another) ; (iii) section 5(3) (having possession of a controlled drug with intent to supply it to another) (iv) section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there) ; (v) section 12(6) (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs) ; or (vi) section 13(3) (contravention of direction prohibiting practitioner etc. from prescribing, supplying, etc. controlled drugs).
.
155
In paragraph 1 of Schedule 14 to the Criminal Law Act 1977 for “14 to 26, 34 and 35” substitute “ 15 and 17 ”.
Civil Aviation Act 1978 (c.8)
156
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Domestic Proceedings and Magistrates' Courts Act 1978 (c.22)
157
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
158
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
159
In section 16(8) of the Domestic Proceedings and Magistrates’ Courts Act 1978 for “Part II of the Magistrates’ Courts Act 1952” substitute “Part 11 of the Magistrates’ Courts Act 1980”.
160
In section 22 of the Domestic Proceedings and Magistrates’ Courts Act 1978 for “section 63 of the Magistrates’ Courts Act 1952” substitute “ section 75 of the Magistrates’ Courts Act 1980 ”.
161
In section 23 of the Domestic Proceedings and Magistrates’ Courts Act 1978—
- (a) in subsection (1) for “section 55(1) of the Magistrates’ Courts Act 1952” substitute “ section 64(1) of the Magistrates’ Courts Act 1980 ” ;
- (b) in subsection (2) for “section 53 of the Magistrates’ Courts Act 1952” substitute “ section 60 of the Magistrates’ Courts Act 1980 ” and for “section 54(2) of that Act” substitute “ section 63(2) of that Act ”.
162
In section 24(3) of the Domestic Proceedings and Magistrates’ Courts Act 1978 for “section 47(3) of the Magistrates’ Courts Act 1952” substitute “ section 55(3) of the Magistrates’ Courts Act 1980 ”.
163
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
164
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
165
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
166
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
167
In section 88(1) of the Domestic Proceedings and Magistrates’ Courts Act 1978 for “section 56 of the Magistrates’ Courts Act 1952” substitute “ section 65 of the Magistrates’ Courts Act 1980 ” and for “section 15 of the Justices of the Peace Act 1949” substitute “ section 144 of the Magistrates’ Courts Act 1980 ”.
Nuclear Safeguards and Electricity (Finance) Act 1978 (c. 25)
168
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation Act 1978 (c. 30)
169
In Schedule 1 to the Interpretation Act 1978—
- (a) in paragraph (a) of the definition of “committed for trial” for “section 7 of the Magistrates’ Courts Act 1952” substitute “ section 6 of the Magistrates’ Courts Act 1980 ” ;
- (b) in paragraph (a) of the definition of “magistrates’ court” for “section 124 of the Magistrates’ Courts Act 1952” substitute “ section 148 of the Magistrates’ Courts Act 1980 ” ;
- (c) in the entry about expressions relating to offences for “section 23 of the Criminal Law Act 1977” substitute “ section 22 of the Magistrates’ Courts Act 1980 ”
Theft Act 1978 (c. 31)
170
In section 4(3)(b) of the Theft Act 1978 for “section 28 of the Criminal Law Act 1977” substitute “ section 32 of the Magistrates’ Courts Act 1980 ”.
Protection of Children Act 1978 (c. 37)
171
In section 6(3)(b) of the Protection of Children Act 1978 for “section 28 of the Criminal Law Act 1977” substitute “ section 32 of the Magistrates’ Courts Act 1980 ”.
Consumer Safety Act 1978 (c. 38)
172
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
173
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employment Protection (Consolidation) Act 1978 (c. 44)
174
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
175
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Customs and Excise Management Act 1979 (c. 2)
176
In section 147(2) of the Customs and Excise Management Act 1979 for “section 25(3) of the Criminal Law Act 1977” substitute “ section 25(3) of the Magistrates’ Courts Act 1980 ”
177
In section 151 of the Customs and Excise Management Act 1979 for “section 114 of the Magistrates’ Courts Act 1952” substitute “ section 139 of the Magistrates’ Courts Act 1980 ”.
178
In section 171(2)(a) of the Customs and Excise Management Act 1979 for “section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 61(1) of that Act)” substitute “ section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that Act) ”.
Customs and Excise Duties (General Reliefs) Act 1979 (c. 3)
179
In section 15(3)(a) of the Customs and Excise (General Reliefs) Act 1979 for “section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 61(1) of that Act)” substitute “ section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted by order under section 143 (1) of that Act) ”.
Alcoholic Liquor Duties Act 1979 (c. 4)
180
In section 49(1) of the Alcoholic Liquor Duties Act 1979 in the definition of “the prescribed sum”, for “section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 61(1) of that Act)” substitute “ section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that Act) ”.
Hydrocarbon Oil Duties Act 1979 (c. 5)
181
In section 27(1) of the Hydrocarbon Oils Duties Act 1979 in the definition of “prescribed sum”, for “section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 61(1) of that Act)” substitute “ section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted under section 143(1) of that Act) ”.
Agricultural Statistics Act 1979 (c. 13)
182
In section 6(1) of the Agricultural Statistics Act 1979, in the definition of “the prescribed sum”, for “section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 6(1) of that Act)” substitute “ section 32 of the Magistrates’ Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that Act) ”.
Credit Unions Act 1979 (c. 34)
183
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Banking Act 1979 (c. 37)
184
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Estate Agents Act 1979 (c. 38)
185
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Merchant Shipping Act 1979 (c. 39)
186
In section 42(4) of the Merchant Shipping Act 1979 for “Section 18 of the Criminal Law Act 1977” substitute “ Section 127(2) of the Magistrates’ Courts Act 1980 ”.
187
In section 43(5) of the Merchant Shipping Act 1979 for “subsection (1) of section 61 of the Criminal Law Act 1977” substitute “ subsection (1) of section 143 of the Magistrates’ Courts Act 1980 ” and for “section 28 of that Act” substitute “ section 32 of that Act ”.
Weights and Measures Act 1979 (c. 45)
188
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
189
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
190
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Justices of the Peace Act 1979 (c. 55)
191
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
192
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
193
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
194
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
195
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
196
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
197
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Isle of Man Act 1979 (c.58)
198
In section 5 of the Isle of Man Act 1979—
- (a) in subsection (2)(a) for “section 77 of the Magistrates’ Courts Act 1952” substitute “ section 97 of the Magistrates’ Courts Act 1980 ” ;
- (b) in subsection (3)(a) for “sections 2 and 9 of the Criminal Justice Act 1967” substitute “ section 9 of the Criminal Justice Act 1967 and section 102 of the Magistrates’ Courts Act 1980 ” and for “section 2” substitute “ section 102 ”.
Child Care Act 1980 (c.5)
199
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
200
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Foster Children Act 1980 (c.6)
201
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Residential Homes Act 1980 (c. 7)
202
In section 4(2) of the Residential Homes Act 1980 for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”.
Reserve Forces Act 1980 (c. 9)
203
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
204
In paragraph 2(4) of Schedule 5 to the Reserve Forces Act 1980 for “the Magistrates’ Courts Act 1952” substitute “ the Magistrates’ Courts Act 1980 ”.
Protection of Trading Interests Act 1980 (c. 11)
205
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Competition Act 1980 (c. 21)
206
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Companies Act 1980 (c.22)
207
In section 87(1) of the Companies Act 1980, in the definition of “the statutory maximum”, for “section 28 of the Criminal Law Act 1977” substitute “ section 32 of the Magistrates’ Courts Act 1980 ” and for “section 61 of that Act” substitute “ section 143 of that Act. ”.
SCHEDULE 8
Interpretation
1
In this Schedule references to the old enactments are to enactments repealed or amended by this Act and references to the appointed day are to the day on which this Act comes into force.
Proceedings commenced before appointed day
2
- (1) Where proceedings were commenced before the appointed day, the old enactments relating to the proceedings continue to apply and nothing in this Act affects those enactments.
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