Legalize / United Kingdom / Public General Act

Access to Justice Act 1999

Type Public General Act

Publication 1999-07-27

Last updated 2015-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

SCHEDULE 4 (1) (1) If a professional or other body wishes to grant rights of audience or rights to conduct litigation to any of its members, it shall apply to the Lord Chancellor in writing for him— (a) to recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and (b) to approve what the body proposes as qualification regulations and rules of conduct in relation to the proposed rights. (2) An application under this paragraph shall be accompanied by— (a) a statement of the proposed rights; (b) the proposed qualification regulations and rules of conduct; and (c) such explanatory material (including material about the applicant’s constitution and activities) as the applicant considers is likely to be needed for the purposes of this Part of this Schedule. (3) The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require. (4) The Lord Chancellor shall send a copy of— (a) the application and accompanying material; and (b) any information provided under sub-paragraph (3), to the Consultative Panel, the Director and each of the designated judges. (2) (1) The Consultative Panel shall consider whether the application should be granted. (2) The applicant shall provide the Consultative Panel with such additional information as it may reasonably require. (3) When the Consultative Panel has completed its consideration it shall give such advice to the Lord Chancellor as it thinks fit. (4) The Consultative Panel shall publish any advice given by it under this paragraph. (3) (1) The Director shall consider whether granting the application would have, or be likely to have, any significant effect on competition. (2) The applicant shall provide the Director with such additional information as he may reasonably require. (3) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. (4) The Director shall publish any advice given by him under this paragraph. (5) The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person. (6) Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45. (4) (1) When the Lord Chancellor has received the advice of the Consultative Panel and the Director, he shall send a copy of the advice to the applicant. (2) The applicant shall be allowed a period of 28 days beginning with the day on which the copy is sent to him, or such other period as the applicant and the Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor. (5) (1) The Lord Chancellor shall send to each of the designated judges a copy of— (a) the advice of the Consultative Panel and the Director; and (b) any representations made under paragraph 4(2). (2) Each of the designated judges shall then consider whether the application should be granted. (3) The applicant shall provide each of the designated judges with such additional information as he may reasonably require. (4) When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. (6) (1) After considering— (a) the advice given by the Consultative Panel and any representations made about it; (b) the advice given by the Director and any representations made about it; and (c) the advice given by each of the designated judges, the Lord Chancellor shall decide whether to grant the application. (2) When the Lord Chancellor has made his decision he shall notify the applicant of it. (3) If the Lord Chancellor has decided to refuse the application he shall also notify the applicant of the reasons for his decision. (7) Where the application is granted— (a) the Lord Chancellor may recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and (b) the proposed regulations and rules are approved as qualification regulations and rules of conduct in relation to the proposed rights. (8) (1) If an authorised body makes an alteration of its qualification regulations or rules of conduct, the alteration shall not have effect unless approved by the Lord Chancellor. (2) If an authorised body makes an alteration of— (a) any rights of audience granted by it (including the grant of a new right of audience); or (b) any rights to conduct litigation granted by it (including the grant of a new right to conduct litigation), the qualification regulations and rules of conduct of the body shall not have effect in relation to the rights as altered unless approved by the Lord Chancellor. (3) If a question arises whether approval is required by virtue of this paragraph it shall be for the Lord Chancellor to decide. (9) (1) An application by a body for the Lord Chancellor to approve— (a) an alteration of qualification regulations or rules of conduct; or (b) qualification regulations or rules of conduct in relation to altered rights, shall be made in writing. (2) The application shall be accompanied by— (a) the qualification regulations and rules of conduct; (b) a statement of the alteration of the regulations, rules or rights; and (c) such explanatory material as the applicant considers is likely to be needed for the purposes of this Part of this Schedule. (3) The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require. (4) The Lord Chancellor shall— (a) send a copy of the application and accompanying material and any information provided under sub-paragraph (3) to each of the designated judges; and (b) consider whether it would be appropriate to seek the advice of either or both of the Consultative Panel and the Director. (10) (1) If the Lord Chancellor considers that it would not be appropriate to seek the advice of the Consultative Panel or the Director, he— (a) shall inform each of the designated judges that that is his view; and (b) may inform each of them of his provisional view as to whether or not the application should be granted. (2) If so informed, each of the designated judges shall consider whether the application should be granted. (3) The applicant shall provide each of the designated judges with such additional information as he may reasonably require. (4) When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. (5) After considering the advice given by each of the designated judges, the Lord Chancellor shall consider again whether or not it would be appropriate to seek the advice of either or both of— (a) the Consultative Panel; and (b) the Director, before deciding whether to grant the application. (11) (1) If the Lord Chancellor decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the Consultative Panel, he shall send to the Consultative Panel a copy of— (a) the application and accompanying material; and (b) any information provided under paragraph 9(3). (2) The Consultative Panel shall consider whether the application should be granted. (3) The applicant shall provide the Consultative Panel with such additional information as it may reasonably require. (4) When the Consultative Panel has completed its consideration it shall give such advice to the Lord Chancellor as it thinks fit. (5) The Consultative Panel shall publish any advice given by it under this paragraph. (12) (1) If the Lord Chancellor decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the Director, he shall send to the Director a copy of— (a) the application and accompanying material; and (b) any information provided under paragraph 9(3). (2) The Director shall consider whether granting the application would have, or be likely to have, any significant effect on competition. (3) The applicant shall provide the Director with such additional information as he may reasonably require. (4) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. (5) The Director shall publish any advice given by him under this paragraph. (6) The Director shall, so far as practicable, exclude from anything published under sub-paragraph (5) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person. (7) Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45. (13) (1) If the Lord Chancellor has sought the advice of the Consultative Panel or the Director he shall, on receiving it, send a copy to the applicant. (2) The applicant shall be allowed a period of 28 days beginning with the day on which the copy is sent to him, or such other period as the applicant and the Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor. (14) (1) If the Lord Chancellor has sought the advice of the Consultative Panel or the Director he shall, on receiving it, send to each of the designated judges a copy of— (a) the advice; and (b) any representations made under paragraph 13(2). (2) Each of the designated judges shall then consider (or consider again) whether the application should be granted. (3) The applicant shall provide each of the designated judges with such additional information as he may reasonably require. (4) When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. (15) (1) After considering— (a) any advice given by the Consultative Panel and any representations made about it; (b) any advice given by the Director and any representations made about it; and (c) the advice given by each of the designated judges (under paragraph 10 or 14 or both of those paragraphs), the Lord Chancellor shall decide whether to grant the application. (2) The Lord Chancellor may not refuse the application unless he has received advice from the Consultative Panel. (3) When the Lord Chancellor has made his decision he shall notify the applicant of it. (4) If the Lord Chancellor has decided to refuse the application he shall also notify the applicant of the reasons for his decision. (16) Where the application is granted— (a) in a case within sub-paragraph (1) of paragraph 8, the alteration of the qualification regulations or rules of conduct is approved; and (b) in a case within sub-paragraph (2) of that paragraph, the qualification regulations or rules of conduct are approved in relation to the rights as altered. (17) (1) If the Lord Chancellor considers— (a) that any of the qualification regulations of an authorised body may unduly restrict a right of audience or right to conduct litigation or the exercise of such a right, or (b) that any of the rules of conduct of an authorised body may unduly restrict the exercise of such a right, he may give written notice to the body. (2) Before giving notice to an authorised body under sub-paragraph (1) the Lord Chancellor shall inform each of the designated judges that he intends to do so. (18) (1) The notice shall invite the authorised body to make representations in writing to the Lord Chancellor. (2) Any such representations must be made before the end of— (a) the period of three months beginning with the date on which the notice was given; or (b) such other period as the authorised body and the Lord Chancellor may agree. (3) When that period has expired the Lord Chancellor shall consider, in the light of any representations made under sub-paragraph (2), whether he proposes to make alterations of the qualification regulations or rules of conduct. (4) If the Lord Chancellor proposes to make alterations of the qualification regulations or rules of conduct he shall send a copy of— (a) the alterations which he proposes to make; and (b) any representations made under sub-paragraph (2), to the Consultative Panel, the Director and each of the designated judges. (19) (1) The Consultative Panel shall consider whether the alterations should be made. (2) The Lord Chancellor and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require. (3) When the Consultative Panel has completed its consideration it shall give such advice to the Lord Chancellor as it thinks fit. (4) The Consultative Panel shall publish any advice given by it under this paragraph. (20) (1) The Director shall consider whether making the alterations would have, or be likely to have, any significant effect on competition. (2) The Lord Chancellor and the authorised body shall provide the Director with such additional information as he may reasonably require. (3) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. (4) The Director shall publish any advice given by him under this paragraph. (5) The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person. (6) Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45. (21) (1) When the Lord Chancellor has received the advice of the Consultative Panel and the Director, he shall send a copy of the advice to the authorised body. (2) The authorised body shall be allowed a period of 28 days, beginning with the day on which the copy is sent to him, or such other period as the authorised body and the Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor. (22) (1) The Lord Chancellor shall send to each of the designated judges a copy of— (a) the advice of the Consultative Panel and the Director; and (b) any representations made under paragraph 21(2). (2) Each of the designated judges shall then consider whether the alterations should be made. (3) The Lord Chancellor and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require. (4) When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. (23) (1) After considering— (a) the advice given by the Consultative Panel and any representations made about it; (b) the advice given by the Director and any representations made about it; and (c) the advice given by each of the designated judges under paragraph 22, the Lord Chancellor shall decide whether to make the alterations. (2) When the Lord Chancellor has made his decision he shall notify the authorised body of it. (3) If the Lord Chancellor has decided to make the alterations he shall also notify the authorised body of the reasons for his decision. (24) If the Lord Chancellor has decided to make the alterations he may make an order giving effect to the alterations. (25) (1) Where an Order in Council has been made designating a body as an authorised body for the purposes of section 27, or for the purposes of section 28, the Lord Chancellor may recommend to Her Majesty that an Order in Council be made revoking that designation. (2) A recommendation may be made under sub-paragraph (1) only if— (a) the authorised body has made a written request to the Lord Chancellor asking for it to be made; (b) the authorised body has agreed in writing to its being made; or (c) the Lord Chancellor is satisfied that the circumstances at the time when he is considering whether to make the recommendation are such that, had that body then been applying to become an authorised body, its application would have failed. (26) Where the Lord Chancellor considers that it may be appropriate for him to make a recommendation in reliance on paragraph 25(2)(c), he shall seek the advice of the Consultative Panel and the Director. (27) (1) The Consultative Panel shall carry out such investigations with respect to the authorised body as it considers appropriate. (2) The Lord Chancellor and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require. (3) When the Consultative Panel has completed its investigations it shall— (a) advise the Lord Chancellor as to whether or not there appear to be grounds for making the recommendation; and (b) if its advice is that there appear to be such grounds, advise the Lord Chancellor as to the transitional and incidental provision (if any) which it considers should be included in any Order made in pursuance of it. (4) The Consultative Panel shall publish any advice given by it under this paragraph. (28) (1) The Director shall consider whether revoking the designation would have, or be likely to have, any significant effect on competition. (2) The Lord Chancellor and the authorised body shall provide the Director with such additional information as he may reasonably require. (3) When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. (4) The Director shall publish any advice given by him under this paragraph. (5) The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person. (6) Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45. (29) (1) When the Lord Chancellor has received the advice of the Consultative Panel and the Director, he may give to the body a notice containing— (a) a copy of the advice; and (b) a statement of the effect of an Order made in pursuance of the recommendation. (2) The notice shall invite the authorised body to make representations in writing to the Lord Chancellor. (3) Any such representations must be made before the end of— (a) the period of three months beginning with the date on which the notice was given; or (b) such other period as the authorised body and the Lord Chancellor may agree. (30) (1) Where the Lord Chancellor— (a) has given a notice to an authorised body under paragraph 29(1); or (b) is proposing to make a recommendation in relation to an authorised body in reliance on paragraph 25(2)(a) or (b), he shall take such steps as are reasonably practicable to bring the matter to the attention of the members of the authorised body and of any other persons who, in his opinion, are likely to be affected by an Order made in pursuance of the recommendation. (2) Any such steps shall include inviting those members and other persons to make representations to the Lord Chancellor. (3) Any such representations— (a) shall, except in such circumstances as the Lord Chancellor may specify, be in writing; and (b) must be made before the end of the period of three months beginning with such date as may be specified by the Lord Chancellor. (31) (1) The Lord Chancellor shall send to each of the designated judges— (a) a copy of any written representations made under paragraph 30 and a note of any oral representations made under that paragraph; and (b) in a case where he is required to seek the advice of the Consultative Panel and the Director, a copy of the advice given to him by the Consultative Panel and the Director and of any representations made under paragraph 29. (2) Each of the designated judges shall then consider whether the Lord Chancellor should make the recommendation. (3) The Lord Chancellor and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require. (4) When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit. (32) Before deciding whether to make the recommendation the Lord Chancellor shall consider— (a) any representations made under paragraph 30 and the advice given by each of the designated judges; and (b) in a case where he is required to seek the advice of the Consultative Panel and the Director, the advice given to him by the Consultative Panel and the Director and of any representations made under paragraph 29. (33) (1) An Order made in pursuance of a recommendation under paragraph 25 may include any appropriate transitional and incidental provision. (2) Where an Order is made in relation to a body in pursuance of such a recommendation, the grant of any rights of audience, or rights to conduct litigation, to any person by the body shall cease to have effect, subject to any transitional provision included in the Order. (3) Where such an Order is made, the Lord Chancellor shall— (a) give the body written notice of the making of the Order and of his reasons for recommending that it be made; (b) take such steps as are reasonably practicable to bring the making of the Order to the attention of the members of that body; and (c) publish notice of the making of the Order in such manner as he considers appropriate for bringing it to the attention of persons (other than those members) who, in his opinion, are likely to be affected by the Order.

SCHEDULE 6

The Solicitors Act 1974 (c. 47)

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The Courts and Legal Services Act 1990 (c. 41)

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The Courts and Legal Services Act 1990 has effect subject to the following amendments.

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9

In section 71 (qualification for judicial appointments), for subsection (6) substitute—

(6) Any period during which a person had a right of audience but was, as a result of disciplinary proceedings, prevented by the authorised body concerned from exercising it shall not count towards the period mentioned in subsection (5)(b).

10

(1) Section 119(1) (interpretation) is amended as follows.

(2) In the definition of “right of audience”, for “exercise any of the functions of appearing before and addressing a court including the calling and examining of” substitute “ appear before and address a court including the right to call and examine ”.

(3) In the definition of “right to conduct litigation”, for “exercise all or any of the functions of issuing a writ or otherwise commencing” substitute “ issue ”.

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SCHEDULE 7

Monitoring of compliance with rules

1

In section 31(1) of the Solicitors Act 1974 (power of Council of the Law Society to make rules about professional practice, conduct and discipline), insert at the end “ and for empowering the Society to take such action as may be appropriate to enable the Society to ascertain whether or not the provisions of rules made, or of any code or guidance issued, by the Council are being complied with. ”

Bank and building society accounts

2

In—

(a) section 32(4) of that Act (power of Council of the Law Society to disclose report or information about solicitor’s accounts to Director of Public Prosecutions for investigation and prosecution of offences), and

(b) paragraph 3 of Schedule 2 to the Administration of Justice Act 1985 (corresponding provision in relation to accounts of incorporated practices),

omit “to the Director of Public Prosecutions” and “, if the Director thinks fit,”.

3

In the Solicitors Act 1974, after section 33 insert—

(33A) (1) The Council may make rules, with the concurrence of the Master of the Rolls, empowering the Council to require a solicitor to produce documents relating to any account kept by him at a bank or with a building society— (a) in connection with his practice; or (b) in connection with any trust of which he is or formerly was a trustee, for inspection by a person appointed by the Council pursuant to the rules. (2) The Council shall be at liberty to disclose information obtained in exercise of the powers conferred by rules made under subsection (1) for use in investigating the possible commission of an offence by the solicitor and for use in connection with any prosecution of the solicitor consequent on the investigation.

4

In section 87(1) of that Act (interpretation), in the definition of “building society”, omit “; and a reference to an account with a building society is a reference to a deposit account”.

5

In Schedule 2 to the Administration of Justice Act 1985, after paragraph 4 insert—

(4A) Where rules made under section 33A(1) of the 1974 Act are applied to recognised bodies in accordance with section 9(2)(f) of this Act, the Council shall be at liberty to disclose information about a recognised body’s accounts obtained in pursuance of the rules for use in investigating the possible commission of an offence by that body and for use in connection with any prosecution of that body consequent on the investigation.

Intervention for breach of rules on practice, conduct and discipline

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In Schedule 1 to the Solicitors Act 1974 (intervention in solicitor’s practice), in paragraph 1(1) (circumstances in which Law Society may intervene), in paragraph (c) (failure to comply with rules made by virtue of section 32 or 37(2)(c)), after “section” insert “ 31, ”.

Solicitors’ employees and consultants

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(1) Section 43 of that Act (control of employment of clerks) is amended as follows.

(2) In subsection (1) (power of Law Society to apply to Solicitors Disciplinary Tribunal for order in the case of clerk guilty of an offence of dishonesty or other act which makes it undesirable for him to be employed by solicitor)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) after “employed” (in both places) insert “ or remunerated ”,

(d) for the words from “an application” to the end substitute “ the Society may either make, or make an application to the Tribunal for it to make, an order under subsection (2) with respect to him. ”

(3) After that subsection insert—

(1A) Where the Society investigates whether there are grounds for making, or making an application to the Tribunal for it to make, an order under subsection (2) with respect to a person, the Council may direct him to pay to the Council an amount which— (a) is calculated by the Council as the cost to the Society of investigating the matter; or (b) in the opinion of the Council represents a reasonable contribution towards that cost.

(4) In subsection (2) (order of Tribunal barring solicitor from employing the clerk)—

(a) for the words from the beginning to “an order” substitute “ An order under this subsection made by the Society or the Tribunal shall state ”, and

(b) for “application is” substitute “ order is ”.

(5) For subsection (3) (revocation by Tribunal) substitute—

(3) Where an order has been made under subsection (2) with respect to a person by the Society or the Tribunal— (a) that person or the Society may make an application to the Tribunal for it to be reviewed, and (b) whichever of the Society and the Tribunal made it may at any time revoke it. (3A) On the review of an order under subsection (3) the Tribunal may order— (a) the quashing of the order; (b) the variation of the order; or (c) the confirmation of the order; and where in the opinion of the Tribunal no prima facie case for quashing or varying the order is shown, the Tribunal may order its confirmation without hearing the applicant.

(6) In subsection (5) (inspection of orders), for “this section and filed with the Society” substitute “ subsection (2) by the Society, or made, varied or confirmed under this section by the Tribunal and filed with the Society, ”.

(7) In the sidenote, for “employment of certain clerks” substitute “ solicitors’ employees and consultants ”.

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In section 44(2) of that Act (breach of order by solicitor), for the words from “an order” to the end of paragraph (b) substitute “ an order under section 43(2) is in force in respect of a person ”.

9

(1) Section 49 of that Act (appeals from Tribunal) is amended as follows.

(2) In subsection (3) (who can appeal)—

(a) for “43(2)” substitute “ 43(3A) ”, and

(b) for “application” substitute “ order ”.

(3) In subsection (6) (finality of appeal), for “43(2)” substitute “ 43(3A) ”.

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Power to examine files

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Payment of costs by solicitor under investigation

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In the Solicitors Act 1974, after section 44B insert—

(44C) Where the Society investigates possible professional misconduct by a solicitor, or a failure or apprehended failure by a solicitor to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council, the Council may direct him to pay to the Council an amount which— (a) is calculated by the Council as the cost to the Society of investigating and dealing with the matter; or (b) in the opinion of the Council represents a reasonable contribution towards that cost.

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In Schedule 2 to the Administration of Justice Act 1985, after paragraph 14 insert—

(14A) Where the Society investigates a failure or apprehended failure by a recognised body to comply with any requirement imposed by or by virtue of this Act or any rules applicable to it by virtue of section 9 of this Act, the Council may direct the body to pay to the Council an amount which— (a) is calculated by the Council as the cost to the Society of the investigation; or (b) in the opinion of the Council represents a reasonable contribution towards that cost.

Registered foreign lawyers

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Subsections (5) to (7) of section 89 of the Courts and Legal Services Act 1990 power to apply existing provisions to registered foreign lawyers with or without modifications and power to modify existing provisions in their application to recognised bodies whose officers include registered foreign lawyers) apply in relation to the provisions contained in this Schedule as if they were contained in an Act passed before the commencement of that section.

SCHEDULE 8

Provision for discharge of functions

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Delegation of functions

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Remuneration

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Staff

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Annual and other reports

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Accounts and audit

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Financial provisions

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Parliamentary disqualification

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Parliamentary Commissioner

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Acting Commissioner

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SCHEDULE 9

1

Schedule 2 to the Criminal Justice Act 1991 (enforcement of community orders) has effect subject to the amendments in paragraphs 2 to 8.

2

In paragraph 2(2) (issue by justice of the peace of summons or warrant to direct offender to appear or be brought, in the case of a drug treatment or testing order, before the court responsible for the order and, in the case of any other relevant order, before a magistrates’ court for the petty sessions area concerned), for paragraphs (a) and (b) substitute—

(a) in the case of a drug treatment and testing order, before the court responsible for the order; (b) in the case of any other relevant order which was made by the Crown Court and included a direction that any failure to comply with any of the requirements of the order be dealt with by the Crown Court, before the Crown Court; and (c) in the case of any other relevant order, before a magistrates’ court acting for the petty sessions area concerned.

3

In paragraph 3(1) (powers of magistrates’ court), for “the magistrates’ court” substitute “ a magistrates’ court ”.

4

In paragraph 6(5) (community service orders)—

(a) in paragraph (a), for “7(2)(a)(ii)” substitute “ 7(2)(b) ”, and

(b) in paragraph (b), for “reference in paragraph 7(1)(b)” substitute “ references in paragraphs 7(1)(b) and 8(1)(a) ” and for “a reference” substitute “ references ”.

5

(1) Paragraph 7 (revocation of order by magistrates’ court) is amended as follows.

(2) In sub-paragraph (1)—

(a) after “a relevant order” insert “ made by a magistrates’ court ”, and

(b) for “for which a magistrates’ court is responsible, to that court” substitute “ , to the magistrates’ court responsible for the order ”.

(3) For sub-paragraph (2) substitute—

(2) The court may— (a) revoke the order; or (b) revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

(4) In sub-paragraph (3), for “(2)(a)(i)” substitute “ (2)(a) ”.

(5) In sub-paragraphs (4) and (5), for “(2)(a)(ii)” substitute “ (2)(b) ”.

(6) Omit sub-paragraph (6).

6

For paragraph 8(1) and (1A) (circumstances in which Crown Court may revoke an order) substitute—

(8) (1) This paragraph applies where— (a) a relevant order made by the Crown Court is in force in respect of an offender and the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other manner for the offence in respect of which the order was made; or (b) an offender in respect of whom a relevant order is in force is convicted of an offence before the Crown Court or, having been committed by a magistrates’ court to the Crown Court for sentence, is brought or appears before the Crown Court.

7

(1) Paragraph 8A (replacement of probation order with conditional discharge) is amended as follows.

(2) In sub-paragraph (1), for “it appears to a magistrates’ court acting for the petty sessions area concerned” substitute “ to a magistrates’ court acting for the petty sessions area concerned (where the order was made by a magistrates’ court) or the Crown Court (where the order was made by the Crown Court) it appears to the court ”.

(3) In sub-paragraph (2), after “paragraph 7” insert “ or 8 ”.

(4) In sub-paragraph (3)—

(a) omit “and the probation order was made by a magistrates’ court”, and

(b) for “the magistrates’ court” substitute “ the court ”.

(5) Omit sub-paragraphs (4) and (5).

(6) In sub-paragraph (6)—

(a) for “sub-paragraphs (3) and (5)” substitute “ sub-paragraph (3) ”, and

(b) in the words treated as substituted in section 1A(1) of the Powers of Criminal Courts Act 1973, omit “or (5)”.

8

In paragraph 11A (application of paragraph 6A for purposes of paragraphs 6 and 7), for “7(2)(a)(ii)” substitute “ 7(2)(b) ”.

9

(1) In each of the provisions specified in sub-paragraph (2) (which refer to paragraph 7 of Schedule 2 to the Criminal Justice Act 1991), for “7(2)(a)(ii)” substitute “ 7(2)(b) ”.

(2) The provisions referred to in sub-paragraph (1) are—

(a) section 16B(2) of the Children and Young Persons Act 1969,

(b) section 35(5) and (8) of the Crime (Sentences) Act 1997, and

SCHEDULE 10

The Parochial Libraries Act 1708 (c. 14)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Distress for Rent Act 1737 (c. 19)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Inclosure Act 1773 (c. 81)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Burial Ground Act 1816 (c. 141)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Inclosure and Drainage (Rates) Act 1833 (c. 35)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Ordnance Survey Act 1841 (c. 30)

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Geological Survey Act 1845 (c. 63)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Inclosure Act 1845 (c. 118)

8

In section 159 of the Inclosure Act 1845 (recovery of penalties), after “county” insert “ or other jurisdiction ”.

The Hares Act 1848 (c. 29)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Fairs Act 1873 (c. 37)

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Commons Act 1876 (c. 56)

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Municipal Corporations Act 1882 (c. 50)

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Act 1888 (c. 41)

13

In section 28(2) of the Local Government Act 1888 (power of county council to delegate to justices of the county functions relating to contagious diseases of animals), for “county sitting in petty sessions” substitute “ peace for a commission area consisting of or including the whole or part of the county ”.

The Children and Young Persons Act 1933 (c. 12)

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Justice Act 1948 (c. 58)

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Prevention of Damage by Pests Act 1949 (c. 55)

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Parks and Access to the Countryside Act 1949 (c. 97)

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Prison Act 1952 (c. 52)

21

In section 19(1) of the Prison Act 1952 (right of justice to visit prison)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “county”, in the second and third places, substitute “ area ”.

The Maintenance Orders Act 1958 (c. 39)

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Licensing Act 1964 (c. 26)

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Administration of Justice Act 1964 (c. 42)

30

(1) Section 19 of the Administration of Justice Act 1964 (sheriff of Greater London and under-sheriffs for London commission areas) is amended as follows.

(2) In subsection (1) (appointment of sheriff of Greater London and under-sheriff for each London commission area), for “and for each London commission area an under-sheriff shall be so appointed” substitute “ and an under-sheriff shall be so appointed for each area of Greater London (not including any part of the City) specified by the Lord Chancellor by order; and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament ”

(3) In subsection (2) (application of enactments to under-sheriffs as if London commission areas were counties), for “London commission area” substitute “ area specified by virtue of subsection (1) of this section ”.

(4) In subsection (4) (modification of Sheriffs Act 1887 in its application to Greater London)—

(a) for “London commission area” substitute “ area specified by virtue of subsection (1) of this section ”,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) for the words from “shall be sent” to the end substitute “ shall be sent to the officer specified by the Lord Chancellor by order made by statutory instrument. ”

The Sunday Theatre Act 1972 (c. 26)

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Solicitors Act 1974 (c. 47)

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Magistrates' Courts Act 1980 (c. 43)

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Public Passenger Vehicles Act 1981 (c. 14)

37

In section 82(1) of the Public Passenger Vehicles Act 1981 (interpretation), in the definition of “magistrates’ court” and “petty sessions area”, for “and “petty sessions area” have the same meanings” substitute “ has the same meaning ”.

The Road Traffic Regulation Act 1984 (c. 27)

38

In section 142(1) of the Road Traffic Regulation Act 1984 (interpretation), in the definition of “magistrates’ court” and “petty sessions area”, for “and “petty sessions area” have the same meanings” substitute “ has the same meaning ”.

The Criminal Justice Act 1991 (c. 53)

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Finance Act 1992 (c. 14)

40

(1) Section 46 of the Local Government Finance Act 1992 (special expenses of precepting authority) is amended as follows.

(2) In subsection (2)(d) (expenses of the Receiver relating to magistrates’ courts in the inner London area)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “that area” substitute “ the inner London area ”.

(3) In subsection (4) (interpretation), in the definition of “inner London area”, for “has the same meaning as in the Justices of the Peace Act 1997” substitute “ means the area consisting of the inner London boroughs ”.

The Probation Service Act 1993 (c. 47)

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government (Wales) Act 1994 (c. 19)

46

In section 55(3) of the Local Government (Wales) Act 1994 (alteration of areas in Wales in connection with alteration of local government area), for paragraphs (a) to (c) substitute “ the commission areas, petty sessions area or areas of magistrates’ courts committees in Wales. ”

The Justices of the Peace Act 1997 (c. 25)

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 11

The Metropolitan Police Act 1839 (c. 47)

1

The Metropolitan Police Act 1839 has effect subject to the following amendments.

2

In section 52 (prevention of obstruction in neighbourhood of public buildings), for “police courts” substitute “ magistrates’ courts ”.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In section 76 (complaints to be heard and determined by one of the police magistrates), for the words from “by one” to the end substitute “ by a District Judge (Magistrates’ Courts) ”.

The Metropolitan Police Courts Act 1840 (c. 84)

5

In section 13 of the Metropolitan Police Courts Act 1840 (duties of police magistrates in relation to deserted premises), for “police magistrates” (in both places) substitute “ District Judges (Magistrates’ Courts) ”.

The London Hackney Carriages Act 1843 (c. 86)

6

In section 24 of the London Hackney Carriages Act 1843 (application for summons to police court of district)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “police court”, in each other place, substitute “ magistrates’ court ”.

The London Hackney Carriages Act 1850 (c. 7)

7

In section 4 of the London Hackney Carriages Act 1850 (notice of hackney carriage standings to be hung in police courts), for “police courts” substitute “ magistrates’ courts acting for an area falling wholly within an inner London borough ”.

The London Hackney Carriage Act 1853 (c. 33)

8

In section 18 of the London Hackney Carriage Act 1853 (jurisdiction of police magistrates)—

(a) for “any one of the police magistrates at any of the Metropolitan Police Courts” substitute “ two justices of the peace ”, and

(b) omit the words from “or if the offence,”, in the first place, to “the county;”.

The Regulation of Railways Act 1871 (c. 78)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Metropolitan Police Courts Act 1897 (c. 26)

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Law of Distress Amendment Act 1908 (c. 53)

11

In section 2 of the Law of Distress Amendment Act 1908 (order by stipendiary magistrate or two justices for restoration of goods illegally distrained by landlord etc.), for the words from “a stipendiary” to “or justices” substitute “ two justices who ”.

The Children and Young Persons Act 1933 (c. 12)

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Act 1948 (c. 26)

13

(1) Section 121 of the Local Government Act 1948 (precept for expenses of metropolitan police) is amended as follows.

(2) In subsection (3) (precepts for expenses of metropolitan police courts and probation system in the metropolitan police court area)—

(a) for the first paragraph substitute—

(3) In relation to expenses of and incidental to magistrates’ courts acting for petty sessions areas falling wholly within the inner London boroughs and the probation system within those petty sessions areas respectively, precepts issued under this section shall be issued to all rating authorities with areas falling wholly within the area comprising those petty sessions areas:

, and

(b) in the proviso, for “metropolitan police court area” substitute “ the area comprising those petty sessions areas ”.

(3) In subsection (6) (receipts), for “metropolitan police courts and the probation system within the metropolitan police court area” substitute “ magistrates’ courts acting for petty sessions areas falling wholly within the inner London boroughs and the probation system within those petty sessions areas ”.

(4) In subsection (7) (receipts exceeding expenses), for “metropolitan police courts or the probation system within the metropolitan police court area” substitute “ magistrates’ courts acting for petty sessions areas falling wholly within the inner London boroughs or the probation system within those petty sessions areas ”.

The Metropolitan Magistrates' Courts Act 1959 (c. 45)

14

The Metropolitan Magistrates’ Courts Act 1959 (functions of Receiver) has effect subject to the following amendments.

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

In section 4(2) (borrowing power of Receiver), for the words “of the metropolitan magistrates’ courts” substitute “ of the magistrates’ courts acting for petty sessions areas falling wholly within the inner London boroughs ”.

The Licensing Act 1964 (c. 26)

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Courts Act 1971 (c. 23)

19

In Part IA of Schedule 2 to the Courts Act 1971 (certain office-holders eligible for appointment as Circuit judges), for “Stipendiary magistrate” substitute “ District Judge (Magistrates’ Courts). ”

The Local Government Act 1972 (c. 70)

20

In section 67(2)(b) of the Local Government Act 1972 (which provides that regulations may make provision about the functions or areas of jurisdiction of certain bodies or officers in connection with changes in local government areas in Wales)—

(a) for “justice of the peace, stipendiary magistrate” substitute “ justice of the peace other than a District Judge (Magistrates’ Courts), ” and

(b) after “police officers)” insert “ , and the functions of any District Judge (Magistrates’ Courts), ”.

The Administration of Justice Act 1973 (c. 15)

21

In section 9(1) of the Administration of Justice Act 1973 (judicial salaries charged on and paid out of the Consolidated Fund), for paragraphs (e) and (f) (metropolitan stipendiary magistrates and other stipendiary magistrates) substitute—

(e) District Judges (Magistrates’ Courts);

The Juries Act 1974 (c. 23)

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Solicitors Act 1974 (c. 47)

23

In section 38 of the Solicitors Act 1974 (disqualification of a solicitor who is a justice of the peace), after subsection (3) insert—

(3A) Subsection (1) does not apply where a solicitor is a Deputy District Judge (Magistrates’ Courts); but where a solicitor is acting as a Deputy District Judge (Magistrates’ Courts) for any petty sessions area it shall not be lawful for him, or for any partner of his, to act in connection with proceedings before any justice of the peace acting for that area as solicitor or agent for the solicitor of any person concerned in those proceedings.

The House of Commons Disqualification Act 1975 (c. 24)

24

In Part I of Schedule 1 to the House of Commons Disqualification Act 1975 (judicial offices disqualifying for membership of the House of Commons), for “Stipendiary Magistrate within the meaning of the Justices of the Peace Act 1997.” substitute “ District Judge (Magistrates’ Courts) (but not Deputy District Judge (Magistrates’ Courts)). ”

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

25

In Part I of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (judicial offices disqualifying for membership of the Northern Ireland Assembly), for “Stipendiary Magistrate within the meaning of the Justices of the Peace Act 1949.” substitute “ District Judge (Magistrates’ Courts) (but not Deputy District Judge (Magistrates’ Courts)). ”

The Magistrates' Courts Act 1980 (c. 43)

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Extradition Act 1989 (c. 33)

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Courts and Legal Services Act 1990 (c. 41)

37

In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc. barred from legal practice), for “Stipendiary Magistrate” substitute “ District Judge (Magistrates’ Courts) ”.

The Local Government Act 1992 (c. 19)

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Judicial Pensions and Retirement Act 1993 (c. 8)

39

The Judicial Pensions and Retirement Act 1993 has effect subject to the following amendments.

40

In Part I of Schedule 1 (qualifying offices), after “County Court Judge in Northern Ireland” insert “ District Judge (Magistrates’ Courts) ”.

41

In Schedule 5 (retirement), for “Stipendiary magistrate in England and Wales” substitute “ District Judge (Magistrates’ Courts) ”.

The Probation Service Act 1993 (c. 47)

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Justices of the Peace Act 1997 (c. 25)

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 12

The Public Works Loans Act 1965 (c. 63)

1

In section 2(1)(a) of the Public Works Loans Act 1965 (authorities to which Public Works Loans Commissioners may make unsecured loans), after sub-paragraph (iv) insert

and (v) the Greater London Magistrates’ Courts Authority;

The National Loans Act 1968 (c. 13)

2

In paragraph 1(a) of Schedule 4 to the National Loans Act 1968 (authorities to which local loans may be made), after sub-paragraph (iv) insert

and (v) the Greater London Magistrates’ Courts Authority,

The Road Traffic Offenders Act 1988 (c. 53)

3

In section 82(2A) of the Road Traffic Offenders Act 1988 (definition of “paying authority” and “responsible authority”), at the end insert “ ; except that, in relation to the Greater London Magistrates’ Courts Authority, the Authority is the paying authority and responsible authority. ”

The Local Government and Housing Act 1989 (c. 42)

4

The Local Government and Housing Act 1989 has effect subject to the following amendments.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In section 67(3) (authorities to which provisions about interests in companies apply), after paragraph (g) insert—

(ga) the Greater London Magistrates’ Courts Authority;.

The Criminal Justice Act 1991 (c. 53)

7

(1) Section 76 of the Criminal Justice Act 1991 as amended by Schedule 10 to this Act (provision of court security officers) is amended as follows.

(2) In subsection (1) (determination as to provision of officers), after “area” insert “ outside Greater London ”.

(3) After subsection (4) insert—

(4A) In relation to each petty sessions area within Greater London, the Greater London Magistrates’ Courts Authority shall from time to time determine— (a) whether court security officers should be provided; and (b) if so, how many such officers should be provided. (4B) As soon as practicable after making a determination under subsection (4A)(b) above, the Greater London Magistrates’ Courts Authority shall provide the required number of court security officers, on such terms and conditions as they may determine— (a) by employing persons to act as court security officers; or (b) by entering into a contract with another person for the employment by him of persons to act as such officers.

The Local Government Finance Act 1992 (c. 14)

8

In section 19(2) of the Local Government Finance Act 1992 (exclusion of Crown exemption in relation to certain authorities), after paragraph (e) insert—

(ea) the Greater London Magistrates’ Courts Authority;

The Justices of the Peace Act 1997 (c. 25)

9

The Justices of the Peace Act 1997 has effect subject to the following amendments.

10

In section 10(7) as amended by Schedule 10 to this Act (authority responsible for paying allowances to justices), after “justice” insert “ for a commission area consisting wholly or partly of Greater London, the Greater London Magistrates’ Courts Authority, and in relation to any other justice ”.

11

In section 40(8) (regulations about appointment of justices’ chief executive), after “by statutory instrument” insert “ which may make different provision in relation to the Greater London Magistrates’ Courts Authority and other magistrates’ courts committees ”.

12

In section 44 (terms of employment), after subsection (1) insert—

(1A) The approval of the Lord Chancellor shall be required for any determination by a magistrates’ courts committee reducing the salary of a justices’ clerk or justices’ chief executive, unless the justices’ clerk or justices’ chief executive concerned consents to the reduction.

13

For section 50 substitute—

(50) (1) The Lord Chancellor may, with the consent of the Minister for the Civil Service, make provision by order made by statutory instrument for section 1 of the Superannuation Act 1972 (pensions of civil servants etc.) to apply to persons employed by the Greater London Magistrates’ Courts Authority (and may make such provision by amendment of that Act). (2) An order under subsection (1) above may provide for the Authority to pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to such provision in the sums payable under the Superannuation Act 1972 out of money provided by Parliament. (3) Where an order under subsection (1) above is made, the Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit— (a) delegate to any person the function of administering a scheme made under section 1 of the Superannuation Act 1972, so far as relating to employees of the Authority; or (b) authorise the exercise of that function (so far as so relating) by, or by employees of, any person. (4) A person to whom the function of administering a scheme made under section 1 of the Superannuation Act 1972 is delegated under subsection (3)(a) above may, to such extent and subject to such conditions as he may determine, authorise the exercise of that function by, or by employees of, any person. (5) Where a person is authorised under subsection (3)(b) or (4) above to exercise the function of administering a scheme made under section 1 of the Superannuation Act 1972, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him. (6) Subsection (5) above does not apply for the purposes of— (a) any criminal proceedings against the authorised person (or any employee of his); or (b) any contract between him and the person who authorised him, so far as relating to the function. (7) A statutory instrument containing an order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

14

(1) Section 54 (indemnification of justices’ and their clerks) is amended as follows.

(2) In subsection (2) (indemnification out of local funds), for “out of local funds” (in both places) substitute “ by the appropriate authority ”.

(3) After that subsection insert—

(2A) In subsection (2) above the “appropriate authority” means— (a) the Greater London Magistrates’ Courts Authority, where at the material time the justice or justices’ clerk was acting for an area consisting of or falling within Greater London; or (b) the paying authority or authorities, where at the material time the justice or justices’ clerk was acting for an area outside Greater London.

(4) In subsection (7) (apportionment between paying authorities), for the words from “there are” to “clerk,” substitute “ , in relation to any justice or justices’ clerk acting for an area outside Greater London, there are two or more paying authorities, ”.

(5) In subsection (9) (interpretation), in the definition of “paying authority”, for the words from “, in relation” to the end substitute—

(a) in relation to any justice or justices’ clerk who at the material time acted for an area outside Greater London, means any authority which is a paying authority for the purposes of section 55 below in relation to the magistrates’ courts committee for that area; and (b) in relation to a justice or justices’ clerk who at the material time acted for an area consisting of or falling within Greater London, means the council of any London borough or the Common Council of the City of London.

15

Before section 55 insert the heading—

16

(1) Section 55 (duties of local authorities) is amended as follows.

(2) In subsection (1) (duties of local authorities), after “committee”, in the first place, insert “ for an area outside Greater London ”.

(3) In subsections (4) and (5) (duty of paying authority or authorities to pay expenses of magistrates’ courts committee), after “courts’ committee” insert “ for an area outside Greater London ”.

(4) In subsection (10) (interpretation), after “courts’ committee” insert “ for an area outside Greater London ”.

17

(1) Section 56 (provision supplementary to section 55) is amended as follows.

(2) In subsection (1) (determination by committee)—

(a) in paragraph (b), after “committee” insert “ for an area outside Greater London ”, and

(b) in paragraph (c), after “which” insert “ such ”.

(3) In subsection (2) (apportionment), after “committee”, in the first place, insert “ for an area outside Greater London ”.

18

In section 59(1) (regulations relating to accounts of magistrates’ courts committees), after “magistrates’ courts committees” insert “ for areas outside Greater London ”.

19

After section 68 insert—

(68A) Any accommodation provided under any enactment for any justice, justices’ clerk or justices’ chief executive may be outside the area for which the justices act and, in the case of a petty sessional court-house, shall be treated as being in that area for the purposes of the jurisdiction of the justices when acting in the court-house.

SCHEDULE 13

The London Hackney Carriages Act 1843 (c. 86)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Evidence Act 1851 (c. 99)

2

(1) Section 13 of the Evidence Act 1851 (proof of previous conviction by copy of record certified by clerk) is amended as follows.

(2) Number the existing provision as subsection (1) and for the words from “under the hand” to “such clerk or other officer,” substitute “ by the proper officer of the court where such conviction or acquittal took place ”.

(3) After that subsection insert—

(2) In subsection (1) “proper officer” means— (a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and (b) in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.

The Criminal Procedure Act 1865 (c. 18)

3

(1) Section 6 of the Criminal Procedure Act 1865 (proof of previous conviction of witness by certificate signed by clerk) is amended as follows.

(2) Number the existing provision as subsection (1) and for the words from “the clerk” to “such clerk or officer,” substitute “ the proper officer of the court where the offender was convicted ”.

(3) After that subsection insert—

(2) In subsection (1) “proper officer” means— (a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and (b) in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.

The Prevention of Crimes Act 1871 (c. 112)

4

(1) Section 18 of the Prevention of Crimes Act 1871 (evidence of previous conviction by record signed by clerk) is amended as follows.

(2) For the words from “clerk of the court” to “such clerk or officer;” substitute “ proper officer of the court by which such conviction was made; ”.

(3) For “clerk or other officer” substitute “ proper officer ”.

(4) At the end of that section insert—

In this section “proper officer” means— (a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and (b) in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.

The Fairs Act 1873 (c. 37)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Public Health Acts Amendment Act 1907 (c. 53)

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Children and Young Persons Act 1933 (c. 12)

8

The Children and Young Persons Act 1933 has effect subject to the following amendments.

9

In section 42(2)(b) (transmission of deposition of child), for “clerk” substitute “ proper officer ”.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Maintenance Orders Act 1950 (c. 37)

12

Part II of the Maintenance Orders Act 1950 (enforcement of certain maintenance orders made in another part of the United Kingdom) has effect subject to the following amendments.

13

(1) Section 18 (enforcement of registered orders) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (2A) (requirement of person liable under order to notify change of address to clerk of the court), for “clerk” substitute “ proper officer ”.

(4) After that subsection insert—

(2B) In subsection (2A) of this section “proper officer” means— (a) in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and (b) in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Army Act 1955 (c. 18)

16

The Army Act 1955 has effect subject to the following amendments.

17

(1) Section 189 (delivery into military custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.

(2) In subsection (1) (fee payable to clerk of the court), for “clerk” substitute “ proper officer ”.

(3) After subsection (3) insert—

(3A) In subsection (1) of this section “proper officer” means— (a) in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and (b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court.

18

(1) Section 199 (proof of outcome of civil trial) is amended as follows.

(2) In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for “clerk” substitute “ proper officer ”.

(3) For subsection (4) substitute—

(4) In this section “proper officer” means— (a) in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and (b) in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.

The Air Force Act 1955 (c. 19)

19

The Air Force Act 1955 has effect subject to the following amendments.

20

(1) Section 189 (delivery into air-force custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.

(2) In subsection (1) (fee payable to clerk of the court), for “clerk” substitute “ proper officer ”.

(3) After subsection (3) insert—

(3A) In subsection (1) of this section “proper officer” means— (a) in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and (b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court.

21

(1) Section 199 (proof of outcome of civil trial) is amended as follows.

(2) In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for “clerk” substitute “ proper officer ”.

(3) For subsection (4) substitute—

(4) In this section “proper officer” means— (a) in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and (b) in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.

The Naval Discipline Act 1957 (c. 53)

22

The Naval Discipline Act 1957 has effect subject to the following amendments.

23

(1) Section 110 (delivery into naval custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.

(2) In subsection (2) (fee payable to clerk of the court), for “clerk” substitute “ proper officer ”.

(3) After subsection (2) insert—

(2A) In subsection (2) of this section “proper officer” means— (a) in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and (b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court.

24

(1) Section 129B (proof of outcome of civil trial) is amended as follows.

(2) In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for “clerk” substitute “ proper officer ”.

(3) For subsection (4) substitute—

(4) In this section “proper officer” means— (a) in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and (b) in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.

The Maintenance Orders Act 1958 (c. 39)

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Betting, Gaming and Lotteries Act 1963 (c. 2)

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Licensing Act 1964 (c. 26)

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Gaming Act 1968 (c. 65)

57

The Gaming Act 1968 has effect subject to the following amendments.

58

(1) Schedule 2 (grant etc. of licences) is amended as follows.

(2) In paragraph 1(1) (licensing authority), at the end insert “ and references to the proper officer of a licensing authority shall be construed accordingly ”.

(3) In paragraphs 5(2) and 6(2) (procedure for application), for “clerk to” substitute “ proper officer of ”.

(4) In paragraph 7 (public notice of application)—

(a) in sub-paragraph (1), for “clerk to” substitute “ proper officer of ”,

(b) in sub-paragraph (2), for “clerk to” substitute “ proper officer of ” and for “if the clerk” substitute “ if the proper officer ”, and

(5) In paragraph 12(1) (making of application for renewal), for “clerk to” substitute “ proper officer of ”.

(6) In paragraph 13 (notification of application for renewal)—

(a) in sub-paragraphs (2) and (3), for “clerk to” substitute “ proper officer of ”,

(b) in sub-paragraph (4), for “clerk to” substitute “ proper officer of ” and for “clerk”, in the other two places, substitute “ proper officer ”, and

(7) In paragraph 14(2)(a) (proceedings on application for grant or renewal), for “clerk to” substitute “ proper officer of ”.

(8) In paragraph 15 (objections)—

(a) for “clerk to” substitute “ proper officer of ”, and

(b) in paragraph (b), for “clerk” substitute “ proper officer ”.

(9) In—

(a) paragraph 28 (notification of Board’s advice),

(b) paragraph 29(1) (in both places) and (2) (appeal by applicant),

(d) paragraph 33(1) (appeal in Scotland),

(e) paragraph 35(5) (revocation of certificate of consent), and

(f) paragraphs 36(1) and (3) and 37 (cancellation),

for “clerk to” substitute “ proper officer of ”.

(10) In paragraph 46(1) (notice of appeal), for “clerk” substitute “ proper officer ”.

(11) In paragraph 48 (cancellation of licence where holder convicted of offence)—

(a) in sub-paragraph (4), for “clerk of” and for “clerk to” (in both places) substitute “ proper officer of ”, and

(b) after that sub-paragraph insert—

(5) In sub-paragraph (4) of this paragraph, “the proper officer of the court” means— (a) in relation to a magistrates’ court, the justices’ chief executive for the court, and (b) in relation to any other court, the clerk of the court.

(12) In paragraphs 57(4) and 58(1) (transfer of licence), for “clerk to” substitute “ proper officer of ”.

(13) In paragraph 63 (fees)—

(a) in sub-paragraph (1), for “clerk to” substitute “ proper officer of ”, and

(b) in sub-paragraph (2), for “clerk to” substitute “ proper officer of ”.

(14) In paragraphs 64(1) and 65(1) and (2) (notification of corporate changes), for “clerk to” substitute “ proper officer of ”.

59

(1) Schedule 3 (registration of members’ clubs in England and Wales) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In paragraph 17 (cancellation pursuant to conviction)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) after that sub-paragraph insert—

(4) In sub-paragraph (3) of this paragraph the “proper officer of the court” means— (a) in relation to a magistrates’ court, the justices’ chief executive for the court, and (b) in relation to the Crown Court, the appropriate officer of the court.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Late Night Refreshment Houses Act 1969 (c. 53)

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Children and Young Persons Act 1969 (c. 54)

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Attachment of Earnings Act 1971 (c. 32)

64

The Attachment of Earnings Act 1971 has effect subject to the following amendments.

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67

In section 17(3)(d) (power to require court officer to deal with payments under consolidated attachment order as directed by court or rules), for “clerk or registrar” substitute “ officer ”.

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Immigration Act 1971 (c. 77)

70

(1) Schedule 2 to the Immigration Act 1971 (administrative provisions) is amended as follows.

(2) In sub-paragraph (1) of paragraph 23, in paragraph (b) (particulars of recognizance to be given to clerk), for “clerk” substitute “ proper officer ”.

(3) After that sub-paragraph insert—

(1A) In sub-paragraph (1) “proper officer” means— (a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and (b) in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.

(4) In sub-paragraph (3) of paragraph 31 (particulars of forfeited recognizance to be given to clerk), for “clerk” substitute “ proper officer ”.

(5) After that sub-paragraph insert—

(3A) In sub-paragraph (3) “proper officer” means— (a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and (b) in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.

The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

71

The Maintenance Orders (Reciprocal Enforcement) Act 1972 has effect subject to the following amendments.

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

74

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75

(1) Section 23 (maintenance orders registered in High Court under Maintenance Orders (Facilities for Enforcement) Act 1920) is amended as follows.

(2) In subsections (2), (3) and (4) (procedure), for “clerk” substitute “ appropriate officer ”.

(3) After subsection (5) insert—

(6) In this section “appropriate officer” means— (a) in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and (b) in relation to a magistrates’ court in Northern Ireland, the clerk of the court.

76

In section 26 (application for recovery of maintenance in convention country), for subsections (6) and (7) substitute—

(6) The appropriate officer for the purposes of this section is— (a) where the applicant is residing in England and Wales, the justices’ chief executive for the petty sessions area; (b) where the applicant is residing in Northern Ireland, the clerk of the court for the petty sessions district; and (c) where the applicant is residing in Scotland, the sheriff clerk or sheriff clerk depute of the sheriff court within the jurisdiction of which the applicant is residing.

77

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

79

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Matrimonial Causes Act 1973 (c. 18)

82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Powers of Criminal Courts Act 1973 (c. 62)

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

85

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Salmon and Freshwater Fisheries Act 1975 (c. 51)

86

(1) Schedule 4 to the Salmon and Freshwater Fisheries Act 1975 (procedure relating to offences) is amended as follows.

(2) In paragraphs 10 and 12 (delivery of licence and certificate of conviction), for “clerk” substitute “ proper officer ”.

(3) After paragraph 13 insert—

(14) In paragraphs 10 and 12 above “proper officer” means— (a) in relation to a magistrates’ court, the justices’ chief executive for the court; and (b) in relation to the Crown Court, the appropriate officer.

The Lotteries and Amusements Act 1976 (c. 32)

87

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Adoption Act 1976 (c. 36)

88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Bail Act 1976 (c. 63)

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)

90

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

92

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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