Legalize / United Kingdom / Public General Act

Courts Act 2003

Type Public General Act

Publication 2003-11-20

Last updated 2024-05-02

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Ordnance Survey Act 1841 (c. 30)

11

In section 2 (dispute as to damage caused during survey)—

(a) for “by any two or more justices in petty sessions assembled of the place in which the lands, grounds, heritages, or trees may be situate” substitute “ by a magistrates' court ”, and

(b) for “the justices, may appeal” substitute “ the magistrates' court, may appeal ”.

Railway Regulation Act 1842 (c. 55)

12

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Defence Act 1842 (c. 94)

13

(1) In section 24 (compensation for damage caused by temporary buildings), omit “of the county, riding, city, or place”.

(2) This paragraph extends only to England and Wales.

London Hackney Carriages Act 1843 (c. 86)

14

(1) Amend section 24 (proceedings with respect to licences on quitting service) as follows.

(2) Re-number the existing provision subsection (1).

(3) In that subsection—

(a) for “any time not exceeding” substitute “ a time which, excluding any day mentioned in subsection (2), does not exceed ”,

(b) for “the magistrates' court for the petty sessions area in which the said proprietor shall dwell” substitute “ a magistrates' court ”,

(d) for “justices' chief executive for such” substitute “ designated officer for the ”,

(e) for “twenty-four hours, exclusive of Sunday or any day on which the magistrates' court shall not sit,” substitute “ that time ”, and

(f) for “at the same magistrates' court” substitute “ to a magistrates' court ”.

(4) After that subsection insert—

(2) The days are— (a) Saturday or Sunday; (b) Christmas Day or Good Friday; (c) a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

Companies Clauses Consolidation Act 1845 (c. 16)

15

In section 3 (interpretation), omit the words from “The word “justice”” to “acting together in petty sessions”.

16

In section 18 (transmission of shares by other means than transfer to be authenticated by a declaration), for the words from “before a justice” to “and such declaration” substitute “ before a justice or a person authorised to administer oaths; and such declaration ”.

17

In section 33 (evidence as to forfeiture of shares), for the words from “before any justice” to “that the call” substitute “ before any justice or a person authorised to administer oaths, that the call ”.

18

Paragraphs 15 to 17 extend only to England and Wales.

Lands Clauses Consolidation Act 1845 (c. 18)

19

(1) In section 3 (interpretation), omit the words from “The word “justices”” to “acting together”.

(2) This paragraph extends only to England and Wales.

Railway Clauses Consolidation Act 1845 (c. 20)

20

In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.

21

In section 11 (limiting deviation from datum line described on sections, etc.)—

(a) for “in petty sessions assembled for that purpose, and acting for the district” substitute “ acting in the local justice area ”, and

(b) for the words from “every petty sessions” to “holding of such petty sessions” substitute “ every hearing before two or more justices to be held for the purpose of obtaining their consent as mentioned above shall, at least 14 days before the hearing ”.

22

In section 46 (crossings of roads—level crossings), omit “in petty sessions”.

23

In section 59 (proceedings on application to justices to consent to level crossings over highways other than public carriage roads)—

(a) for “fourteen days at least previous to the holding of the petty sessions at which such application is intended to be made” substitute “ at least 14 days before the application is intended to be made ”,

(b) for “acting for the district” substitute “ acting in the local justice area ”, and

24

Paragraphs 20 to 23 extend only to England and Wales.

Geological Survey Act 1845 (c. 63)

25

In section 1 (dispute as to damage caused during survey), for “by any two or more justices of the peace, in petty sessions assembled, of the place where the lands or trees may be situate” substitute “ by a magistrates' court ”.

26

In section 6 (interpretation), for “the word “justices” shall include all persons acting in the commission of the peace and” substitute “ the words “magistrates' court” shall include ”.

Markets and Fairs Clauses Act 1847 (c. 14)

27

(1) In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.

(2) This paragraph does not extend to Northern Ireland.

Harbours, Docks and Piers Clauses Act 1847 (c. 27)

28

(1) In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.

(2) This paragraph does not extend to Northern Ireland.

Towns Improvement Clauses Act 1847 (c. 34)

29

(1) In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.

(2) This paragraph does not extend to Northern Ireland.

Cemeteries Clauses Act 1847 (c. 65)

30

(1) In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.

(2) This paragraph does not extend to Northern Ireland.

Town Police Clauses Act 1847 (c. 89)

31

(1) In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.

(2) This paragraph does not extend to Northern Ireland.

Hares Act 1848 (c. 29)

32

Indictable Offences Act 1848 (c. 42)

33

In section 13 (English warrants may be backed in the Isles of Man, Guernsey, Jersey, Alderney or Sark, and vice versa)—

(a) omit “any county, riding, division, liberty, city, borough, or place in” (in both places),

(b) for “and for the county or place into which such person shall escape or go, or where he shall reside or be, or be supposed or suspected to be,” substitute “ England and Wales ”,

(d) for “issued such warrant or process shall have jurisdiction” substitute “ issued such warrant or process is acting or has jurisdiction ”, and

(e) for “had been apprehended within his jurisdiction” substitute “ had been apprehended in England or Wales or (as the case may be) within his jurisdiction ”.

Evidence Act 1851 (c. 99)

34

In section 13(2)(a) (proof of conviction of defendant by copy of certified record), for “justices' chief executive” substitute “ designated officer ”.

Inclosure Act 1859 (c. 43)

35

In section 4 (how damage to be assessed), for “for the county or riding or other division or place within which” substitute “ acting in the local justice area in which ”.

36

In section 6 (justices' warrant for distress), for “of such county or riding, or other district or place as aforesaid, shall, by warrant under their hands and seals,” substitute “ acting in the local justice area shall by warrant ”.

Ecclesiastical Courts Jurisdiction Act 1860 (c. 32)

37

In section 2 (offence of making a disturbance in churches, chapels, churchyards etc.)—

(a) for “before two justices of the peace” substitute “ by a magistrates' court ”,

(b) for “a penalty of not more than” substitute “ a fine not exceeding ”, and

(c) for “for every such offence, or may, if the justices before whom he shall be convicted think fit, instead of being subjected to any pecuniary penalty, be committed to prison for any time” substitute “ or to imprisonment for a term ”.

38

In section 3 (power to arrest offenders and take them before a justice of the peace), for “justice of the peace of the county or place where the said offence shall have been so committed,” substitute “ magistrates' court ”.

39

Paragraphs 37 and 38 do not extend to Northern Ireland.

Defence Act 1860 (c. 112)

40

(1) In section 47 (interpretation), omit the words from “The word “justices”” to “acting together:”.

(2) This paragraph extends only to England and Wales.

Offences Against the Person Act 1861 (c. 100)

41

In section 44 (if magistrates dismiss case of assault or battery, they must make out certificate to that effect), omit“under their hands”.

42

In section 65 (justices may issue search warrants for explosive substances)—

(a) for “Any justice of the peace of any county or place in which” substitute “ Where ”,

(b) after “in this Act mentioned,” insert “ a justice of the peace, ”, and

43

Paragraphs 41 and 42 do not extend to Northern Ireland.

Poaching Prevention Act 1862 (c. 114)

44

(1) In section 1 (interpretation), omit from “; and the words “justice” and “justices”” onwards.

(2) This paragraph does not extend to Northern Ireland.

45

In section 2 (summons to appear before justice of the peace)—

(a) after “citing such person to appear before” insert “ , in England and Wales, a magistrates' court or ”,

(b) omit “England and”, and

46

In section 3 (recovery of penalties), omit “in England in the same manner as penalties under the Game Act 1831 and”.

Criminal Procedure Act 1865 (c. 18)

47

In section 6(2)(a) (proof of conviction of witness by signed certificate), for “justices' chief executive” substitute “ designated officer ”.

Dockyard Ports Regulation Act 1865 (c. 125)

48

(1) In section 2 (interpretation), omit the words from “The term “justice”” to “arises:”.

(2) This paragraph does not extend to Northern Ireland.

49

In section 22 (jurisdiction of justice of the peace), for “Where any district” substitute—

(1) For the purposes of this Act, where a local justice area in England and Wales abuts on the shore of the sea or other navigable water, any magistrates' court in England and Wales has jurisdiction over— (a) any vessel which is near or passes near the shore, and (b) every person on board the vessel or belonging to it, as if the vessel or person were in England and Wales. (2) Where any other district.

Newspapers, Printers and Reading Rooms Repeal Act 1869 (c. 24)

50

In Schedule 2 (which sets out enactments continued in force under section 1)—

(a) in section 29 of the Unlawful Societies Act 1799 (penalty for neglecting or refusing to produce copy), for “forfeit and lose the sum” substitute “ be liable on summary conviction to a fine ”,

(b) in section 34 of the 1799 Act (prosecutions to be commenced within 3 months), omit “or sued” and “, or such action shall be brought,”,

(d) omit section 36 of the 1799 Act (application of penalties), and

(e) in section 2 of the Printers and Publishers Act 1839 (penalty upon printers for not printing their name, etc.), for “forfeit a sum not more than” substitute “ be liable on summary conviction to a fine not exceeding ”.

Promissory Oaths Act 1871 (c. 48)

51

In section 2 (persons before whom oaths to be taken), for the paragraph beginning “In England” substitute—

In England and Wales— (a) before the Lord Chancellor, or (b) in open court before one or more judges of the High Court or before one or more Circuit judges.

Prevention of Crimes Act 1871 (c. 112)

52

In paragraph (a) of the last sentence of section 18 (proof of conviction by certificate or copy of conviction), for “justices' chief executive” substitute “ designated officer ”.

Fairs Act 1873 (c. 37)

53

The amendments of section 6 (alteration of fair day on representation of local authority) made by—

(a) paragraph 10 of Schedule 10 to the Access to Justice Act 1999, and

(b) paragraph 5 of Schedule 13 to that Act,

shall be treated as if they had never had effect.

Commons Act 1876 (c. 56)

54

In section 20 (prohibition of gravel digging on certain commons without authority of justices), for “in petty sessions assembled, and acting in and for the petty sessions area in which such common is situate,” substitute “ of the peace ”.

Municipal Corporations Act 1882 (c. 50)

55

In section 153(3) (issue of warrant following failure by borough to pay sum due to county), omit “for a commission area consisting of or including the whole or part of the county”.

Explosive Substances Act 1883 (c. 3)

56

(1) In section 6(1) (inquiry into offences)—

(a) omit “for the county, borough, or place in which the crime was committed or is suspected to have been committed,”,

(b) omit “sit at a petty sessional or occasional court-house, or police station in the said county, borough or place, and”, and

(2) This paragraph does not extend to Northern Ireland.

57

In section 9(2) (application of Act to Scotland), for “ “petty sessional court house”” substitute “ “magistrates' court” ”.

Sheriffs Act 1887 (c. 55)

58

In section 7(1) (declaration of office), for the words from “effect before” onwards substitute

effect— (a) before one of the judges of Her Majesty’s High Court; or (b) in the county of which he is sheriff before a justice of the peace.

59

In section 17 (disqualification from acting as justice of the peace), for “peace for” substitute “ peace in any local justice area consisting of or including the whole or a part of ”.

60

In section 23(3) (declaration of office by under-sheriff), for the words from “effect before” onwards substitute

effect— (a) before one of the judges of Her Majesty’s High Court; or (b) in the county for which such under-sheriff is appointed before a justice of the peace.

61

(1) Amend section 26 (declaration by bailiffs, etc.) as follows.

(2) Re-number the existing provision subsection (1).

(3) In that subsection, for the words from “effect before” onwards substitute

effect— (a) before any judge of the High Court; or (b) in the county in which he exercises his authority before a justice of the peace.

(4) After that subsection insert—

(2) Subsection (1) does not apply to any enforcement officer or any person acting under the authority of an enforcement officer.

62

In section 29 (punishment for misconduct), after subsection (2) insert—

(2A) Subsection (2) does not apply to any enforcement officer or any person acting under the authority of an enforcement officer.

63

In section 38 (definitions), after the definition of “county” insert—

“enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003;

, and omit from “Any reference” to the end of the section.

Local Government Act 1888 (c. 41)

64

In section 28(2) (power of county council to delegate to justices functions relating to contagious diseases of animals), for “for a commission” substitute “ acting in a local justice ”.

Behring Sea Award Act 1894 (c. 2)

65

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Public Health Acts Amendment Act 1907 (c. 53)

66

In section 94(7) (licensing of pleasure boats: appeals to magistrates' court), for “justices' chief executive for the court” substitute “ designated officer for the court ”.

Indictments Act 1915 (c. 90)

67

In section 2(2) (powers of rule committee), for the words preceding “shall have power” substitute “ The Criminal Procedure Rule Committee ”.

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

68

In section 3(4) (return of order to original court for further evidence to be taken), omit “appointed for the same commission area”.

69

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70

(1) In section 7(2) (power to make rules about proceedings under the Act), for the words from “Without prejudice” to “such rules” substitute “ For the purpose of giving effect to this Act rules of court ”.

(2) Sub-paragraph (1) does not extend to Northern Ireland.

Criminal Justice Act 1925 (c. 86)

71

In section 33(4) (rules about service of documents on a corporation), omit “, except in so far as such provision may be made by rules under section 144 of the Magistrates' Courts Act 1980”.

Children and Young Persons Act 1933 (c. 12)

72

In section 7(2) (offence of selling tobacco to persons under 16: complaint to court of summary jurisdiction), for “court of summary jurisdiction” substitute “ magistrates' court ”.

73

(1) Amend section 25 (restrictions on persons under 18 going abroad to perform for profit) as follows.

(2) In subsection (6), for “court of summary jurisdiction” substitute “ relevant court ”.

(3) After subsection (10), insert—

(11) In this section “the relevant court”— (a) in relation to England and Wales, means a magistrates' court; (b) in relation to Scotland, means a sheriff court; (c) in relation to Northern Ireland, means a court of summary jurisdiction.

74

(1) Amend section 46 (assignment of certain matters to youth courts) as follows.

(2) In subsection (1), for “court of summary jurisdiction” (in each place) substitute “ magistrates' court ”.

(3) In subsection (1A), for “justices' chief executive for” substitute “ designated officer for ”.

75

In section 48(3) (remand of child or young person by youth court), for “for the same petty sessions area or place” substitute “ in the same local justice area ”.

76

Omit section 101 (application of Summary Jurisdiction Acts).

77

In section 102(1) (appeals to Crown Court), for “court of summary jurisdiction” substitute “ magistrates' court ”.

Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13)

78

(1) In section 3(1) (power to make rules of court for purposes of Act), for “rules of court under section 84 of the Supreme Court Act 1981” substitute “ Civil Procedure Rules ”.

(2) Sub-paragraph (1) extends only to England and Wales.

Public Offices (Site) Act 1947 (c. 45)

79

Omit section 7 (correction of errors in deposited plan and book of reference).

The National Assistance Act 1948 (c. 29)

80

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81

(1) Amend section 47 (removal to suitable premises of persons in need of care and attention) as follows.

(2) In subsection (2), for “a court of summary jurisdiction having jurisdiction in the place where the premises are situated” substitute “ the court ”.

(3) After subsection (12) insert—

(12A) In this section, “the court”— (a) in England and Wales, means a magistrates' court acting in the local justice area where the premises are situated; (b) in Scotland, means the sheriff having jurisdiction in the place where the premises are situated.

82

Omit section 65(c) (in application of Act to Scotland, references to court of summary jurisdiction to be read as references to sheriff).

Criminal Justice Act 1948 (c. 58)

83

For section 37(4) (recommittal following appeal etc.) substitute—

(4) Criminal Procedure Rules may be made for authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody under this section.

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

84

(1) Amend section 15 (appeal against directions) as follows.

(2) In subsection (1), omit “for the petty sessions area or place in which the works are required to be carried out or, as the case may be, in which the food or container is for the time being situated”.

(3) In subsection (5), for “from “to a court” to the end of the subsection” substitute “ “to a court of summary jurisdiction” ”.

Marriage Act 1949 (c. 76)

85

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

86

In section 68(3) (complaint to court about access requirement), omit “for the petty sessions area or place within which the land to which the notice relates is situated”.

Maintenance Orders Act 1950 (c. 37)

87

In section 17(1)(a) (registration of maintenance orders in England), for “for the same place” substitute “ acting in the same local justice area ”.

88

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89

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90

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91

(1) Amend section 25 (rules as to procedure of magistrates' courts) as follows.

(2) Omit subsection (1).

(3) In subsection (3)—

(a) after “Rules” insert “ of court ”, and

(b) in paragraph (a), for the words from “by means of” onwards, substitute “ in accordance with the rules ”.

(4) Sub-paragraph (3) does not extend to Northern Ireland.

92

(1) Amend section 28(1) (interpretation) as follows.

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

(3) In the definition of “prescribed”, omit—

(a) “England or”,

(b) “by rules made under section fifteen of the Justices of the Peace Act 1949, or”, and

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

93

(1) In Schedule 2 (paying authorities under Part 5), omit Part 2.

(2) Nothing in sub-paragraph (1) is to be read as amending Schedule 2 as it extends to Northern Ireland.

Prison Act 1952 (c. 52)

94

(1) Amend section 19 (right of justice to visit prison) as follows.

(2) In subsection (1), for “for any commission area” substitute “ assigned to any local justice area ”.

(3) In subsection (2), omit “or to visit any prisoner under sentence of death”.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

95

In—

(a) section 189(3A)(a) (fee for certificate on delivery into military custody of person dealt with by court of summary jurisdiction as illegally absent), and

(b) section 199(4)(a) (certificate as proof of outcome of civil trial),

for “justices' chief executive” substitute “ designated officer ”.

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

96

In—

(a) section 189(3A)(a) (fee for certificate on delivery into air force custody of person dealt with by court of summary jurisdiction as illegally absent), and

(b) section 199(4)(a) (certificate as proof of outcome of civil trial),

for “justices' chief executive” substitute “ designated officer ”.

Naval Discipline Act 1957 (c. 53)

97

In—

(a) section 110(2A)(a) (fee for certificate on delivery into naval custody of person dealt with by court of summary jurisdiction as illegally absent), and

(b) section 129B(4)(a) (certificate as proof of outcome of civil trial),

for “justices' chief executive” substitute “ designated officer ”.

Maintenance Orders Act 1958 (c. 39)

98

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99

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100

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101

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102

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103

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104

In section 21(1) (interpretation), omit the definition of “rules of court”.

Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)

105

(1) Amend section 3 (power to close highways) as follows.

(2) In subsection (1), omit “sitting in petty sessions in the petty sessions area within which that highway or part of a highway is situated”.

(3) In subsection (2), omit “, being a highway or part within the jurisdiction of those justices”.

(4) For subsection (5)(c) substitute—

(c) the references to justices of the peace shall be construed as references to the district court for the area in which the highway or part of a highway is situated.

Obscene Publications Act 1959 (c. 66)

106

(1) Amend section 3 (powers of search, seizure and forfeiture) as follows.

(2) In subsection (1), omit “in the petty sessions area for which he acts,” and “in that area”.

(3) In subsection (3)—

(a) for “for the same petty sessions area as the justice who issued the warrant, and the justice before whom the articles are brought” substitute “ in the local justice area in which the articles were seized, who ”;

(b) for “for that petty sessions area” substitute “ acting in that local justice area ”.

Road Traffic Act 1960 (c. 16)

107

In section 243(a) (proof in summary proceedings of identity of driver), for “rules made under section fifteen of the Justices of the Peace Act 1949” substitute “ Criminal Procedure Rules ”.

Caravan Sites and Control of Development Act 1960 (c. 62)

108

In section 7(1) (appeal to magistrates' court against conditions attached to site licence), omit “acting for the petty sessions area in which the land is situated”.

109

In section 8(2) (appeal to magistrates' court against alteration to site licence conditions), omit “acting for the petty sessions area in which the land to which the site licence relates is situated”.

110

In section 32(1)(c) (application to Scotland), omit “acting for the petty sessions area in which the land is situated”.

Administration of Justice Act 1960 (c. 65)

111

In section 2(3) (power to extend time for applying for leave to appeal to House of Lords), omit “Except in a case involving sentence of death,”.

112

Omit section 3 (special provision as to capital cases).

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

113

In section 10A(5) (notification of cancellation of betting office licence), in paragraph (a) of the definition of “the proper officer of the court”, for “justices' chief executive” substitute “ designated officer ”.

114

In section 11 (notification of cancellation of bookmaker’s or betting agency permit)—

(a) renumber the subsection inserted by paragraph 34(3) of Schedule 13 to the Access to Justice Act 1999 as subsection (5A), and

(b) in that subsection, in paragraph (a) of the definition of “the proper officer of the court”, for “justices' chief executive” substitute “ designated officer ”.

115

(1) Amend Schedule 1 (bookmaker’s permits, betting agency permits and betting office licences) as follows.

(2) In paragraph 1(a)—

(a) for “petty sessions” substitute “ local justice ”, and

(b) for “acting for” substitute “ acting in ”.

(3) In paragraph 2—

(a) in the definition of “appropriate authority”, for “petty sessions” substitute “ local justice ”, and

(b) in paragraph (a) of the definition of “the proper officer of the appropriate authority”, for “chief executive to” substitute “ designated officer for ”.

(4) In paragraph 20A(5), for the words from “for a petty” onwards substitute “ in a local justice area, is a justices' clerk designated by the Lord Chancellor in relation to the committee ”.

Offices, Shops and Railway Premises Act 1963 (c. 41)

116

In section 46(11) (appeals relating to exemptions from Act), omit “acting for the petty sessions area in which they are situate”.

Administration of Justice Act 1964 (c. 42)

117

For section 19(4)(a) (application of Sheriffs Act 1887 to Greater London) substitute—

(a) in sections 7(1), 17, 23(3) and 26(1) any reference to a county shall be construed as a reference to Greater London;

118

In section 26 (Inner and Middle Temples), omit “commissions of the peace,”.

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

119

In section 1(1) (endorsement of warrants issued in Republic of Ireland)—

(a) in paragraph (b), after “within the area” insert “ in or ”, and

(b) for “comprising the area for” substitute “ which consists of or includes the area in or for ”.

120

In section 4(1) (issue of provisional warrant), in paragraph (c), after “within the area” insert “ in or ”.

121

In section 6(2) (discharge of persons where police of Republic no longer require his delivery into their custody), after “justice of the peace acting” insert “ in or ”.

122

In section 8(1) (rules of court), for paragraph (a) substitute—

(a) in England and Wales, Criminal Procedure Rules;

123

(1) Amend the Schedule (supplementary provisions as to proceedings under section 2) as follows.

(2) For paragraphs 2 and 2A substitute—

(2) The court shall sit in open court and shall consist of— (a) at least two justices, or (b) a District Judge (Magistrates' Courts).

(3) In paragraph 3, for “paragraphs 2 and 2A” substitute “ paragraph 2 ”.

Compulsory Purchase Act 1965 (c. 56)

124

Omit section 1(5) (jurisdiction of justices of the peace).

Public Works Loans Act 1965 (c. 63)

125

In section 2(1)(a) (loan to relevant authority)—

(a) in sub-paragraph (iii), after “applies;” insert “ and ”, and

(b) omit sub-paragraph (v) and “and” before it.

Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)

126

In each of the following provisions, for “Crown Court rules”, in each place it occurs, substitute “ Criminal Procedure Rules ”

(a) section 2(7), (8) and (9) (issue of witness summons on application to Crown Court),

(b) section 2B(2) and (3) (summons no longer needed),

(d) section 2E(3) and (4) (application to make section 2D summons ineffective).

National Loans Act 1968 (c. 18)

127

In Schedule 4 (local loans), in paragraph 1, in paragraph (a) of the definition of “local authority”—

(a) in sub-paragraph (iii), after “applies;” insert “ and ”, and

(b) omit sub-paragraph (v) and “and” before it.

Criminal Appeal Act 1968 (c. 19)

128

In section 45 (construction of references to single judge), for “31, 31A” substitute “ 31 to 31C ”.

129

Omit section 48 (appeal in capital cases).

130

Omit Schedule 4 (procedural and other modifications for capital cases).

Courts-Martial (Appeals) Act 1968 (c. 20)

131

Omit—

(a) section 55 (modification of provisions of Parts 2 and 3 for capital cases), and

(b) Schedule 2 (procedural and other modifications for capital cases).

Gaming Act 1968 (c. 65)

132

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133

(1) Amend Schedule 3 (registration of members' clubs in England and Wales) as follows.

(2) In—

(a) paragraph 12(1) (in both places),

(b) paragraph 13(1),

(d) paragraph 16(1),

(e) paragraph 17(3) (in both places),

(f) paragraph 23, and

(g) paragraph 24(1) and (2),

for “chief executive to” substitute “ designated officer for ”.

(3) In paragraph 17(4), for “justices' chief executive” substitute “ designated officer ”.

134

In Schedule 7 (registration for gaming by means of machines), in—

(a) paragraphs 3(1) and 4(1),

(b) paragraph 11(1) (in both places),

(d) paragraphs 13(1) and 14,

(e) paragraph 20(1) (in both places), and

(f) paragraphs 24 and 25(1) and (2),

for “chief executive to” substitute “ designated officer for ”.

Children and Young Persons Act 1969 (c. 54)

135

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136

In section 23A(2)(a) (court appearance of person arrested for breaking remand conditions), omit “for the petty sessions area in which he was arrested”.

Taxes Management Act 1970 (c. 9)

137

In section 4(7) (power to appoint officers and staff for carrying out the administrative work of the Special Commissioners), for “section 27 of the Courts Act 1971” substitute “ section 2(1) of the Courts Act 2003 ”.

Administration of Justice Act 1970 (c. 31)

138

In section 41(5) (enforcement of orders for payment of costs and compensation made before the appointed day), for “the magistrates' court for the petty sessions area” substitute “ a magistrates' court acting in the local justice area ”.

Courts Act 1971 (c. 23)

139

Omit—

(a) section 27 (administrative and other court staff),

(b) section 28 (provision of accommodation), and

140

In section 52(3) (award of costs where information or complaint is not proceeded with)—

(a) in paragraph (b), for “acting for any area” substitute “ acting in any local justice area ”, and

(b) for “for that area” substitute “ acting in that area ”.

Attachment of Earnings Act 1971 (c. 32)

141

In section 3(1)(c) (persons who may apply for an attachment of earnings order), for “a justices' chief executive, that justices' chief executive” substitute “ the designated officer for a magistrates' court, that officer ”.

142

In section 6(7)(c) (collecting officer in case of order made by magistrates' court), for “justices' chief executive for that court or for” substitute “ designated officer for that court or for ”.

143

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144

In section 21(2)(a)(ii) (costs to be sum due), for “justices' chief executive for the” substitute “ designated officer for the magistrates' ”.

145

In section 25(1) (interpretation), omit the definition of “rules of court” and “and” before it.

Fire Precautions Act 1971 (c. 40)

146

In section 43(1) (interpretation), in the definition of “the court”, omit “acting for the petty sessions area in which they are situated”.

Immigration Act 1971 (c. 77)

147

In section 25D(6)(a) (court to which application may be made following detention of ships, aircraft and vehicles), for sub-paragraphs (i) and (ii) substitute—

(ia) if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;

148

(1) Amend section 28K (execution of search warrants issued to immigration officers) as follows.

(2) For subsection (9)(a), substitute—

(a) if issued by a justice of the peace in England and Wales, to the designated officer for the local justice area in which the justice was acting when he issued the warrant;

(3) In subsection (10), for “justices' chief executive” substitute “ designated officer ”.

149

(1) Amend Schedule 2 (administrative provisions about control on entry) as follows.

(2) In paragraphs 23(1A)(a) and 31(3A)(a), for “justices' chief executive” substitute “ designated officer ”.

(3) In paragraphs 23(3) and 31(4), for “purposes of the Justices of the Peace Act 1997 and, in particular section 60 of that Act, as being” substitute “ purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as being ”.

(4) In paragraphs 24(2)(a) and 33(2)(a), after “hours, before” insert “ in England and Wales, a justice of the peace, in Northern Ireland, ”.

150

(1) Amend Schedule 3 (supplementary provisions about deportation) as follows.

(2) After paragraph 6(2) insert—

(2A) Where the Crown Court directed release, the appropriate court is that court or a magistrates' court.

(3) In paragraph 6(3), omit “the Crown Court or” and “commission area or”.

(4) In paragraph 8(1)—

(a) for “England or Wales or” substitute “ England or Wales in pursuance of paragraph 7 above shall be brought as soon as practicable and in any event within twenty-four hours after his arrest before a justice of the peace in England or Wales, and a person arrested in ”;

(b) omit “area or”.

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

151

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152

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153

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154

In section 17(4) (proceedings in magistrates' courts)—

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

(b) after “Northern Ireland,” insert “ acting for the same ”.

155

(1) Amend section 18 (provision that may be made by magistrates' courts rules) as follows.

(2) In subsection (1)—

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

(b) in paragraph (a), for “for a particular petty sessions area” substitute “ in a particular local justice area ”, and for “for such other petty sessions area” substitute “ in such other local justice area ”.

(3) In subsection (1A), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “ rules of court ”.

156

In section 21(1) (interpretation of Part 1), in the definition of “prescribed”, omit—

(a) “in England and Wales or”,

(b) “by rules made under section 144 of the Magistrates' Courts Act 1980 or”, and

157

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158

In section 26(6) (application for recovery of maintenance in convention country)—

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

(b) in paragraph (b), after “district” insert “ in which the applicant is residing ”.

159

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160

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161

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162

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163

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164

In section 47(3) (construction of references to the jurisdiction of a court), for the words from “construed in relation” onwards substitute

construed— (a) in relation to a magistrates' court in England and Wales as a reference to the local justice area in which the court acts, and (b) in relation to a magistrates' court in Northern Ireland as a reference to the petty sessions district for which the court acts.

Civil Evidence Act 1972 (c. 30)

165

Omit section 2(8) (power to make rules of court under section 2 is without prejudice to other such powers).

Criminal Justice Act 1972 (c. 71)

166

In section 51(4) (execution of process between England and Wales and Scotland), for “by virtue of section 45(1) of the Justices of the Peace Act 1997, as it has” substitute “ by virtue of section 28(1) of the Courts Act 2003, as it has ”.

Administration of Justice Act 1973 (c. 15)

167

In section 5 (consequential) omit “Paragraph 7 of”.

168

In Schedule 1 (justices of the peace: consequential re-enactments and amendments), omit paragraphs 7 to 7B and 10(1).

Matrimonial Causes Act 1973 (c. 18)

169

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170

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Breeding of Dogs Act 1973 (c. 60)

171

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Juries Act 1974 (c. 23)

172

In—

(a) section 9(3) (appeal against refusal to excuse from jury service), and

(b) section 9A(3) (appeal against refusal to defer jury service),

for “Crown Court rules” substitute “ Criminal Procedure Rules ”.

173

In section 14 (views by jurors), for “Crown Court rules, and rules of court for civil cases,” substitute “ Criminal Procedure Rules and Civil Procedure Rules ”.

174

In Schedule 1 (jury service: ineligibility, disqualification and excusal), in Group B, omit “Justices' chief executives,”.

Friendly Societies Act 1974 (c. 46)

175

For section 102 (jurisdiction of magistrates' courts) substitute—

(102) (1) In Northern Ireland, a registered society or branch or any officer thereof may be prosecuted for any summary offence under this Act before a magistrates' court acting for the county court division in which the registered office of the society or branch is situated. (2) Subsection (1) is without prejudice to the provisions of the Magistrates' Courts (Northern Ireland) Order 1981 as to the jurisdiction of a magistrates' court.

Solicitors Act 1974 (c. 47)

176

(1) Amend section 38 (circumstances in which solicitor who is justice of the peace may not act as solicitor) as follows.

(2) In subsection (1), for “for any area, or for any partner of his, to act in connection with proceedings before any of those justices” substitute “ assigned to any local justice area, or for any partner of his, to act in connection with proceedings before any justice of the peace acting in that area ”.

(3) Omit subsections (2) and (3).

(4) In subsection (3A)—

(a) for “for any petty sessions” substitute “ in any local justice ”, and

(b) for “acting for” substitute “ acting in ”.

Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 34)

177

In section 7 (rules of court)—

(a) for the words from “The power” to “1981 or” substitute “ Civil Procedure Rules or rules of court under ”, and

(b) for “shall include power to make rules of court under” substitute “ may make provision ”.

Salmon and Freshwater Fisheries Act 1975 (c. 51)

178

In paragraph 14 of Schedule 4 (offences: delivery of licences and certificates of conviction), for “justices' chief executive” substitute “ designated officer ”.

Safety of Sports Grounds Act 1975 (c. 52)

179

In section 17(1) (interpretation), in the definition of “the court”, omit “acting for the petty sessions area in which they are situated”.

Bail Act 1976 (c. 63)

180

In section 2 (definitions), omit the definitions of “Crown Court rules”, “magistrates' courts rules” and “Supreme Court rules”.

181

In section 3AA (electronic monitoring of compliance with bail conditions), in each of subsections (4)(a) and (12), for “petty sessions area” substitute “ local justice area ”.

182

In section 5(10) (meaning of “prescribed” in section 5), for “Supreme Court rules, Courts-Martial Appeal rules, Crown Court rules or magistrates' courts rules” substitute “ Civil Procedure Rules, Courts-Martial Appeal rules or Criminal Procedure Rules ”.

183

(1) Amend section 5B (reconsideration of decisions granting bail) as follows.

(2) In subsection (8), omit “for the petty sessions area in which he was arrested”.

(3) In subsection (9), for “Magistrates' court rules” substitute “ Criminal Procedure Rules ”.

184

In section 6(9)(c)(i) (certification of copy of record), for “justices' chief executive” substitute “ designated officer for the court ”.

185

In section 7(4)(a) (appearance before justice following arrest for absconding or breaking bail conditions), omit “for the petty sessions area in which he was arrested”.

186

(1) Amend section 8 (bail with sureties) as follows.

(2) In subsection (4)—

(a) in paragraph (a), for “magistrates' courts rules” substitute “ Criminal Procedure Rules ”,

(b) in paragraph (b), for “Crown Court rules” substitute “ Criminal Procedure Rules ”,

(d) for “Supreme Court rules, Crown Court rules, Courts-Martial Appeal rules or magistrates' courts rules” substitute “ Civil Procedure Rules, Criminal Procedure Rules or Courts-Martial Appeal rules ”.

(3) In subsection (5)(b), omit “for the petty sessions area in which he resides”.

Race Relations Act 1976 (c. 74)

187

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Administration of Justice Act 1977 (c. 38)

188

Omit section 22 (membership of rule committees).

Criminal Law Act 1977 (c. 45)

189

(1) Amend section 10 (obstruction of court officers executing process for possession against unauthorised occupiers) as follows.

(2) Before subsection (1) insert—

(A1) A person is guilty of an offence if he resists or intentionally obstructs any person who— (a) is an enforcement officer, or is acting under the authority of an enforcement officer; and (b) is engaged in executing a writ issued from the High Court.

(3) In subsection (3), for “an officer of a court” substitute “ an enforcement officer, a person acting under the authority of an enforcement officer or an officer of a court (as the case may be) ”.

(4) In subsection (5), after “uniform” insert “ , an enforcement officer ”.

(5) For subsection (6), substitute—

(6) In this section— “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003; “officer of a court” means— (a) any sheriff, under sheriff, deputy sheriff, bailiff or officer of a sheriff; and (b) any bailiff or other person who is an officer of a county court within the meaning of the County Courts Act 1984.

(6) In the section heading, for “court officers executing process for possession against unauthorised occupiers” substitute “ enforcement officers and court officers executing High Court or county court process ”.

190

In section 48(1) (power to make rules as to furnishing of information by prosecutor in criminal proceedings), for the words from “The power” to “include power to” substitute “ Criminal Procedure Rules may ”.

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

191

In section 6(9) (restrictions on power to make order where respondent not present at hearing), for “rules” substitute “ rules of court ”.

192

(1) Amend section 20ZA (variation of orders for periodical payments) as follows.

(2) In subsection (2), for “clerk to the justices for the petty sessions area for which the court is acting” substitute “ court ”.

(3) In subsection (3)—

(a) for “the clerk” substitute “ a justices' clerk ”, and

(b) for “to the justices' chief executive for the court” substitute “ to the designated officer for the court ”.

(4) In subsection (10), for “the clerk to the justices” substitute “ a justices' clerk ”.

193

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194

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195

(1) Amend section 32 (enforcement of orders for payment of money) as follows.

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

(3) In subsection (6), for “rules” substitute “ rules of court ”.

196

(1) Amend section 35 (orders for repayment of sums paid after cessation of order by reason of marriage) as follows.

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

(3) In subsection (8), for “, the officer designated by the Lord Chancellor or the justices' chief executive” substitute “ or the officer designated by the Lord Chancellor ”.

197

(1) Amend section 88 (interpretation) as follows.

(2) In subsection (1), omit the definition of “rules”.

(3) In subsection (4), for “for the same petty sessions” substitute “ in the same local justice ”.

Judicature (Northern Ireland) Act 1978 (c. 23)

198

(1) Amend Schedule 1 (appeals to House of Lords in certain criminal matters) as follows.

(2) In paragraph 1(2), omit “Except in a case involving sentence of death,”.

(3) Omit paragraph 2.

Protection of Children Act 1978 (c. 37)

199

(1) Amend section 4 (entry, search and seizure) as follows.

(2) In subsection (1), omit “in the petty sessions area for which he acts”.

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

200

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Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

In section 4 (supplemental), in subsection (4)(a), for “justices' chief executive” substitute “ designated officer ”.

Magistrates' Courts Act 1980 (c. 43)

201

Omit section 3 (offences committed on boundaries etc.).

202

In section 6(5) (display of details of committal proceedings), for “justices' chief executive for” substitute “ designated officer for ”.

203

In section 12 (non-appearance of accused), in—

(a) subsection (1)(b),

(b) subsection (4) (in both places), and

for “justices' chief executive for” substitute “ designated officer for ”.

204

(1) Amend section 12A (application of section 12 where accused appears) as follows.

(2) In subsection (1), for “clerk of” substitute “ designated officer for ”.

(3) In subsection (2)—

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

(b) for “clerk” substitute “ designated officer ”.

205

(1) Amend section 14 (proceedings invalid where accused did not know of them) as follows.

(2) In subsection (1), for “justices' chief executive for the court” substitute “ designated officer for the court ”.

(3) In subsection (2), for “justices' chief executive” substitute “ designated officer ”.

206

In section 43(2) (enforcement of recognizance of a surety for person granted bail), for “for the petty sessions” substitute “ acting in the local justice ”.

207

In section 47 (service of summons out of time after failure to prove service by post) for “the rules” (in the first place where it occurs) substitute “ rules of court ”.

208

(1) Amend section 59 (orders for periodical payment: means of payment) as follows.

(2) In subsection (3)(b), for “a justices' chief executive” substitute “ the designated officer for the court or for any other magistrates' court ”.

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

209

(1) Amend section 59A (orders for periodical payment: proceedings by justices' chief executive) as follows.

(2) In subsection (1)—

(a) for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”,

(b) for “the relevant justices' chief executive” substitute “ the relevant designated officer ”, and

(3) In subsection (2)—

(a) for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”, and

(b) for “the relevant justices' chief executive for him” substitute “ the relevant designated officer for him ”.

(4) In subsection (3), for “the relevant justices' chief executive, he” substitute “ the relevant designated officer, he ”.

(5) In subsection (4)—

(a) for “a justices' chief executive” substitute “ the relevant designated officer ”,

(b) for “justices' chief executive cancelling” substitute “ relevant designated officer cancelling ”, and

(6) In subsection (7), for the definition of “the relevant justices' chief executive” substitute—

“the relevant designated officer”, in relation to an order, means— (a) in a case where payments under the order are required to be made to or through the designated officer for a magistrates' court, the designated officer for that magistrates' court; (b) in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was made by a magistrates' court, the designated officer for that magistrates' court; and (c) in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was not made by a magistrates' court, the designated officer for the magistrates' court in which the order is registered;

(7) In the section heading, for “justices' chief executive” substitute “ designated officer ”.

210

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211

(1) Amend section 60 (revocation, variation, etc. of orders for periodical payment) as follows.

(2) In subsection (4), omit “the clerk of”.

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

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

212

(1) In section 61(1) (periodical payments payable by one person under more than one order), for “The power to make rules conferred by section 144 below shall, without prejudice to the generality of subsection (1) of that section, include power to” substitute “ Rules of court may ”.

(2) In paragraph (b) of section 61(1)—

(a) for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”, and

(b) for “that justices' chief executive” substitute “ that designated officer ”.

213

In section 62(1)(ii) (proceedings for sums payable to child), for “justices' chief executive for” substitute “ designated officer for ”.

214

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215

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216

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217

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218

(1) Amend section 77 (postponement of issue of warrant) as follows.

(2) In subsection (5), for “for the petty sessions” substitute “ in the local justice ”.

(3) For subsection (6), substitute—

(6) Where such an application is referred to the court— (a) the clerk of the court shall fix a time and place for the application to be heard; and (b) the designated officer for the court shall give the applicant notice of that time and place.

219

In—

(a) section 78(4) (offence of removing impounded goods marked in accordance with rules), and

(b) section 79(2) (reduction of period of detention on payment being made in accordance with rules),

for “the rules” substitute “ rules of court ”.

220

(1) Amend section 82 (restriction on power to impose imprisonment for default) as follows.

(2) After subsection (4A) insert—

(4B) The cases in which the offender’s default may be regarded for the purposes of subsection (4)(b)(i) as being attributable to his wilful refusal or culpable neglect include any case in which— (a) he has refused, otherwise than on reasonable grounds, to consent to a work order proposed to be made under Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), or (b) he has without reasonable excuse failed to comply with such an order.

(3) In subsection (5A), for “justices' chief executive for” substitute “ designated officer for ”.

221

In section 84(1) (power to require statement of means) for “for the same petty sessions” substitute “ in the same local justice ”.

222

(1) Amend section 85 (power to remit fine) as follows.

(2) After subsection (2A) insert—

(2B) Where the court remits the whole or part of the fine after a work order has been made under Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), it shall also reduce the number of hours specified in the order by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order.

(3) In subsection (3), for “or (2A)” substitute “ , (2A) or (2B) ”.

223

(1) Amend section 87 (enforcement of payment of fines by High Court and county court) as follows.

(2) In subsection (1), for “justices' chief executive for” substitute “ designated officer for ”.

(3) In subsection (3), for “justices' chief executive” substitute “ designated officer for the magistrates' court ”.

(4) Omit subsection (4).

224

(1) Amend section 87A (fines imposed on companies) as follows.

(2) In subsection (1), for “justices' chief executive for” substitute “ designated officer for ”.

(3) Omit subsection (2).

225

(1) Amend section 89 (transfer of fine order) as follows.

(2) In subsection (1)—

(a) after “Where a magistrates' court” insert “ in a local justice area ”,

(b) for “in any petty sessions area other than that for which the court acted” substitute “ in England and Wales ”, and

(c) for “the petty sessions area in which it appears to the court that he is residing;” substitute “ another local justice area ”.

(3) In subsection (2)—

(a) for “justices' chief executive for” (in both places) substitute “ designated officer for ”, and

(b) for “for the petty sessions area” substitute “ in the local justice area ”.

(4) For subsection (3) substitute—

(3) A court by which functions in relation to any sum are for the time being exercisable by virtue of a transfer of fine order may make a further transfer of fine order with respect to that sum.

226

In section 90(3) (transfer of fines to Scotland or Northern Ireland), for “justices' chief executive for” substitute “ designated officer for ”.

227

(1) Amend section 91 (transfer of fines from Scotland and Northern Ireland) as follows.

(2) In subsection (1)—

(a) for “in a specified petty sessions area in England and Wales, a magistrates' court acting for that area,” substitute “ by a magistrates' court in England and Wales, a magistrates' court acting in the area in which the person subject to the order resides, ”, and

(b) for “justices' chief executive for” substitute “ designated officer for ”.

(3) In subsection (3)—

(a) for “in a petty sessions area” substitute “ by a magistrates' court ”, and

(b) for “acting for that area” substitute “ acting in the area in which the person subject to the order resides ”.

228

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229

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230

In section 97(1), omit—

(a) “for any commission area”, and

(b) “for that commission area”.

231

(1) Amend section 97A (summons or warrant as to committal proceedings) as follows.

(2) In subsection (1)—

(a) omit “for any commission area”,

(b) at the end of paragraph (a) insert “ and ”, and

(3) In subsections (9), (10) and (11), for “chief executive to” substitute “ designated officer for ”.

232

In section 99 (proof of non-payment of sum adjudged)—

(a) for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”, and

(b) for “the justices' chief executive” (in both places) substitute “ the designated officer ”.

233

In section 107 (false statements in declaration proving service), for “the rules” substitute “ rules of court ”.

234

In section 109(2) (notice to abandon an appeal), for “Crown Court rules” substitute “ rules of court ”.

235

In section 114 (payment of recognisances and fees on case stated)—

(a) for “the clerk of a magistrates' court” substitute “ a justices' clerk ”, and

(b) for “justices' chief executive” substitute “ designated officer ”.

236

(1) Amend section 116 (discharge of recognizance to keep the peace or be of good behaviour etc.) as follows.

(2) In subsection (1), omit “for any area to which this section applies”, the words from “, if the complaint” to “for that area,” and “for that area” (in the second place where it occurs).

(3) Omit subsection (3).

237

(1) Amend section 121 (constitution and place of sitting of court) as follows.

(2) Omit subsection (3).

(3) For subsection (4), substitute—

(4) Subject to the provisions of any enactment to the contrary, a magistrates' court must sit in open court if it is— (a) trying summarily an information for an indictable offence, (b) trying an information for a summary offence, (c) imposing imprisonment, (d) hearing a complaint, or (e) holding an inquiry into the means of an offender for the purposes of section 82.

(4) In subsection (5), omit “, or sitting in an occasional court-house”.

238

In section 125(1) (warrants) for “the rules” substitute “ rules of court ”.

239

(1) Amend section 125B (execution of warrants by approved enforcement agency) as follows.

(2) In subsection (2), for the words from “under” onwards substitute “ by the Lord Chancellor ”.

(3) After subsection (2), insert—

(2A) The Lord Chancellor must maintain a register containing the names of all persons and bodies approved by him under subsection (2) and must make such arrangements as he considers appropriate for making the register available for inspection.

(4) Omit subsection (3).

(5) In subsection (5)(d), for the words from “under” onwards substitute “ by the Lord Chancellor under subsection (2A) ”.

(6) After subsection (5), insert—

(6) A decision by the Lord Chancellor to revoke the approval of a person or body under subsection (2) does not have effect to revoke the approval until the Lord Chancellor has informed the person or body of the decision.

240

(1) Amend section 125C (disclosure of information for enforcing warrants) as follows.

(2) In subsection (1)—

(a) for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”, and

(b) omit “appointed by, or member of the staff of, his magistrates' courts committee”.

(3) In subsection (2), in the definition of “a section 125A warrant” omit the words from “and” onwards.

(4) In subsection (3), for paragraph (c) substitute—

(c) any justices' clerk or other person appointed under section 2(1) of the Courts Act 2003.

241

In section 126 (execution of certain warrants outside England and Wales)—

(a) for “Sections 12 to 14” substitute “ Section 13(1) and (2) ”, and

(b) in paragraph (a), for “those referred to in the said sections 12 to 14” substitute “ indictable offences ”.

242

Omit sections 137 and 138 (fees and remission of fees).

243

In section 139 (disposal of sums adjudged to be paid by conviction)—

(a) for “A justices' chief executive” substitute “ The designated officer for a magistrates' court ”, and

(b) for “section 60 of the Justices of the Peace Act 1997” substitute “ section 38 of the Courts Act 2003 ”.

244

Omit section 141 (clerks to justices).

245

(1) Amend section 144 (rule committee) as follows.

(2) In subsection (1), after “prescribing” insert

except in relation to— (a) any criminal cause or matter, or (b) family proceedings,

and for “and justices' chief executives” substitute “ and designated officers for magistrates' courts ”.

(3) In subsection (2), omit “the President of the Family Division of the High Court, the Senior District Judge (Chief Magistrate)”.

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

(5) Omit subsection (5).

246

(1) Amend section 145 (rules: supplementary provisions) as follows.

(2) In subsection (1), omit paragraphs (aa), (f) and (i).

(3) Omit subsection (4).

247

Omit section 147(occasional court-house).

248

In section 148(2) (power of magistrates' courts to act where another may act), for “for the same petty sessions” substitute “ in the same local justice ”.

249

Omit section 149 (Isles of Scilly).

250

(1) Amend section 150(1) (interpretation) as follows.

(2) Omit the definitions of “petty-sessional court-house”, “the register” and “the rules”.

(3) In the definition of “prescribed”, for “the rules” substitute “ rules of court ”.

251

In section 152, for “the rules” substitute “ rules of court ”.

252

Omit section 153 (magistrates' courts may sit on Sundays and public holidays).

253

In section 155(4) (extent of section 126 of 1980 Act), for “sections” substitute “ section ”.

254

Omit Schedule 6 (fees).

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

255

Omit—

(a) section 48 (appeal in capital cases), and

(b) Schedule 3 (procedural and other modifications for capital cases).

Highways Act 1980 (c. 66)

256

(1) Amend section 47 (power of magistrates' court to declare that an unnecessary highway is not maintainable at public expense) as follows.

(2) In subsection (5), for “acting for the petty sessions for” substitute “ assigned to the local justice area in ”.

(3) In subsection (6), for “chief executive to” substitute “ designated officer for ”.

257

(1) Amend section 116 (power of magistrates' court to authorise stopping up or diversion of highway) as follows.

(2) In subsection (8)(b), for “for the same petty sessions” substitute “ in the same local justice ”.

(3) In subsection (9), for “the clerk of the court” substitute “ a justices' clerk ”.

Zoo Licensing Act 1981 (c. 37)

258

In section 18(1) (appeals to magistrates' courts), omit “acting for the petty sessions area in which the zoo is situated”.

Supreme Court Act 1981 (c. 54)

259

(1) Amend section 8 (the Crown Court) as follows.

(2) For subsection (2), substitute—

(2) A justice of the peace is not disqualified from acting as a judge of the Crown Court merely because the proceedings are not at a place within the local justice area to which he is assigned or because the proceedings are not related to that area in any other way.

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

260

In section 9(6A) (Circuit judge and Recorder not to exercise powers of single judge), after “31” insert “ , 31B, 31C ”.

261

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

262

In—

(a) section 125 (copies of wills and grants),

(b) section 126(1) (depositaries for wills of living persons), and

for “the prescribed fee” substitute “ the fee prescribed by an order under section 92 of the Courts Act 2003 (fees) ”.

263

Omit section 130 (fees to be taken in Senior Courts).

264

Omit sections 138, 138A and 138B (effect of writs of execution against goods).

265

In section 151(1) (interpretation), in the definition of “prescribed”, omit paragraph (b) and “and” before it.

Betting and Gaming Duties Act 1981 (c. 63)

266

In paragraph 15(4A) of Schedule 1 (betting duties: notification of forfeiture and cancellation of betting office licence), in paragraph (a) of the definition of “proper officer of the court”, for “justices' chief executive” substitute “ designated officer ”.

267

In paragraph 15(3)(a) of Schedule 4 (gaming machine licence duty: registers of permits), for “for a petty sessions area, the chief executive to the justices” substitute “ in a local justice area, the designated officer for the committee ”.

Civil Jurisdiction and Judgments Act 1982 (c. 27)

268

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

269

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

Administration of Justice Act 1982 (c. 53)

270

In section 23(6)(a) (fees for deposit of wills), for “section 130 of the Supreme Court Act 1981” substitute “ section 92 of the Courts Act 2003 ”.

County Courts Act 1984 (c. 28)

271

In—

(a) section 66(4) (fees payable in respect of trial with jury proceedings in a county court),

(b) section 80(2) (judge’s note on appeal—fee etc.), and

for “the fees orders” substitute “ an order under section 92 of the Courts Act 2003 (fees) ”.

272

Omit—

(a) section 73 (register of judgments and orders), and

(b) section 73A (provision for register to be kept by body under contract to Lord Chancellor).

273

In section 98(1) (protection of district judge of county court selling goods under execution without notice of claim by third party), for the words from “(b) no person” to “execution debtor” substitute—

(b) no person shall be entitled to recover against the district judge or other officer, or anyone lawfully acting under his authority— (i) for any sale of the goods, or (ii) for paying over the proceeds prior to the receipt of a claim to the goods, unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable inquiry have ascertained, that the goods were not the property of the execution debtor.

274

(1) Amend section 99 (effect of warrants of execution) as follows.

(2) In subsection (2)(b)—

(a) after “to” insert “ an enforcement officer or other officer charged with the execution of the writ ”, and

(b) for “the sheriff” substitute “ that person ”.

(3) In subsection (4)—

(a) before paragraph (a) insert—

(za) “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003;

, and

(b) omit paragraph (b).

275

For section 104 (information as to writs and warrants of execution), substitute—

(104) (1) Where a writ against the goods of any person issued from the High Court is delivered to an enforcement officer who is under a duty to execute the writ or to a sheriff, then on demand from the district judge of a county court that person shall— (a) in the case of an enforcement officer, by writing signed by that officer or a person acting under his authority, and (b) in the case of a sheriff, by writing signed by any clerk in the office of the under-sheriff, inform the district judge of the precise time the writ was delivered to him. (2) A bailiff of a county court shall on demand show his warrant to any enforcement officer, any person acting under the authority of an enforcement officer and any sheriff’s officer. (3) Any writing purporting to be signed as mentioned in subsection (1) and the endorsement on any warrant issued from a county court shall respectively be sufficient justification to any district judge, or enforcement officer or sheriff, acting on it. (4) In this section “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003.

276

Omit section 128 (fees).

277

In section 147(1) (interpretation), omit the definition of “fees orders”.

Matrimonial and Family Proceedings Act 1984 (c. 42)

278

Omit—

(a) section 40 (family proceedings rules), and

(b) section 41 (fees in family proceedings).

Building Act 1984 (c. 55)

279

In section 40(1) (appeal against section 36 notice), omit “acting for the petty sessions area in which is situated land on which there has been carried out any work to which the notice relates”.

280

In section 55(1) (appeals), omit “acting for the petty sessions area in which is situated land on which there will be, or there has been, carried out any work to which the notice or certificate relates”.

Police and Criminal Evidence Act 1984 (c. 60)

281

(1) Amend section 16 (execution of warrants) as follows.

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

(3) In subsection (11), for “chief executive to the justices” substitute “ designated officer for the local justice area ”.

282

(1) Amend section 46 (detention after charge) as follows.

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