Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Maintaining the court system
The general duty
The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of—and that appropriate services are provided for those courts.
the Senior Courts
the Court of Protection,
the county court,
the family court, and
magistrates' courts,
In this Part—
“the Senior Courts” includes the district probate registries, and
“magistrates' court” includes a committee of justices.
In this Part references to the Lord Chancellor’s general duty in relation to the courts are to his duty under this section.
The Lord Chancellor must, within 18 months of the coming into force of this section, and afterwards annually, prepare and lay before both Houses of Parliament a report as to the way in which he has discharged his general duty in relation to the courts.
Court staff and accommodation
The Lord Chancellor may appoint such officers and other staff as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.
The civil service pension arrangements for the time being in force apply (with any necessary adaptations) to persons appointed under subsection (1) as they apply to other persons employed in the civil service of the State.
“The civil service pension arrangements” means—
the principal civil service pension scheme (within the meaning of section 2 of the Superannuation Act 1972 (c. 11)), and
any other superannuation benefits for which provision is made under or by virtue of section 1 of the 1972 Act for or in respect of persons in employment in the civil service of the State.
Subject to subsections (5) and (6), the Lord Chancellor may enter into such contracts with other persons for the provision, by them or their sub-contractors, of officers, staff or services as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.
The Lord Chancellor may not enter into contracts for the provision of officers and staff to discharge functions which involve making judicial decisions or exercising any judicial discretion.
The Lord Chancellor may not enter into contracts for the provision of officers and staff to carry out the administrative work of the courts unless an order made by the Lord Chancellor authorises him to do so.
Before making an order under subsection (6) the Lord Chancellor must consult—as to what effect (if any) the order might have on the proper and efficient administration of justice.
the Lord Chief Justice,
the Master of the Rolls,
the President of the Queen's Bench Division,
the President of the Family Division, and
the Chancellor of the High Court.
An order under subsection (6) may authorise the Lord Chancellor to enter into contracts for the provision of officers or staff to discharge functions—
wholly or to the extent specified in the order,
generally or in cases or areas specified in the order, and
unconditionally or subject to the fulfilment of conditions specified in the order.
The Lord Chancellor may provide, equip, maintain and manage such court-houses, offices and other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.
The Lord Chancellor may enter into such arrangements for the provision, equipment, maintenance or management of court-houses, offices or other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.
The powers under—to acquire land necessary for the public service are to be treated as including power to acquire land for the purpose of its provision under arrangements entered into under subsection (2).
section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by agreement), and
section 228(1) of the Town and Country Planning Act 1990 (c. 8) (compulsory acquisition),
“Court-house” means any place where a court sits, including the precincts of any building in which it sits.
Courts boards
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Abolition of magistrates' courts committees
The Greater London Magistrates' Courts Authority (the magistrates' courts committee for Greater London) and all the magistrates' courts committees for areas of England and Wales outside Greater London are abolished.
In consequence of that—
England and Wales outside Greater London is no longer divided into magistrates' courts committee areas, and
the office of justices' chief executive is abolished.
Schedule 2 (abolition of magistrates' courts committees: transfers) has effect.
The Justices of the Peace Act 1997 (c. 25) ceases to have effect.
Justices of the peace
The commission of the peace and local justice areas
There shall be a commission of the peace for England and Wales—
issued under the Great Seal, and
addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for England and Wales.
England and Wales is to be divided into areas to be known as local justice areas.
The areas are to be those specified by an order made by the Lord Chancellor.
Each local justice area established by order under subsection (2) is to be known by such name as is specified in the order (but subject to subsection (4)).
The Lord Chancellor may make orders altering local justice areas.
“Altering”, in relation to a local justice area, includes (as well as changing its boundaries)—
combining it with one or more other local justice areas,
dividing it between two or more other local justice areas, and
changing its name.
Before making any order under subsection (2) or (4), the Lord Chancellor must consult the Lord Chief Justice.
Before making an order under subsection (4) in relation to a local justice area the Lord Chancellor must consult—
the justices of the peace assigned to the local justice area,
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unless the alteration consists only of a change of name, any local authorities whose area includes the local justice area or a part of the local justice area.
“Local authority” means—
any council of a county, a county borough, a London borough or a council of a district,
the Common Council of the City of London, or
a police and crime commissioner or the Mayor's Office for Policing and Crime.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
Lay justices
In this Act “lay justice” means a justice of the peace who is not a District Judge (Magistrates' Courts).
Lay justices are to be appointed for England and Wales by the Lord Chief Justice by instrument on behalf and in the name of Her Majesty.
Lord Chief Justice
must assign each lay justice to one or more local justice areas, and
may change an assignment so as to assign the lay justice to a different local justice area or to different local justice areas.
The Lord Chief Justice must ensure that arrangements for the exercise, so far as affecting any local justice area, of the function under subsection (1) include arrangements for consulting persons appearing to the Lord Chief Justice to have special knowledge of matters relevant to the exercise of that function in relation to that area.
The Lord Chancellor must ensure that arrangements for the exercise, so far as affecting any local justice area, of functions under subsection(2) include arrangements for consulting persons appearing to him to have special knowledge of matters relevant to the exercise of those functions in relation to that area.
Every lay justice is, by virtue of his office, capable of acting as such in any local justice area (whether or not he is assigned to it); but he may do so only in accordance with arrangements made by Lord Chief Justice .
Rules may make provision about the training courses to be completed before a person may exercise functions as a lay justice in any proceedings or class of proceedings specified in the rules.
Subsection (3) is subject to section 12 (the supplemental list).
The functions conferred on the Lord Chief Justice by subsections (2) and (3) may be exercised only after consulting the Lord Chancellor.
The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under subsection (1).
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2), (2ZA) or (3).
A lay justice may resign his office at any time.
The Lord Chancellor may , with the concurrence of the Lord Chief Justice, remove a lay justice from his office by an instrument on behalf and in the name of Her Majesty—
on the ground of incapacity or misbehaviour,
on the ground of a persistent failure to meet such standards of competence as are prescribed by a direction given by the Lord Chancellor with the concurrence of the Lord Chief Justice , or
if he is satisfied that the lay justice is declining or neglecting to take a proper part in the exercise of his functions as a justice of the peace.
A list, to be known as “the supplemental list”, must be kept in the office of the Clerk of the Crown in Chancery.
A lay justice whose name is entered in the supplemental list is not qualified as a justice of the peace to do any act or to be a member of a committee or other body.
No act or appointment is invalidated by reason of the disqualification of a lay justice under subsection (2).
Subject to subsection (3), the name of a lay justice who has reached 75 must be entered in the supplemental list.
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Where—the Lord Chief Justice may, with the concurrence of the Lord Chancellor, direct that the name of the lay justice need not be entered in the supplemental list until the proceedings have ended.
proceedings are, or are expected to be, in progress on the day on which the lay justice reaches 75, and
the lay justice is exercising functions in those proceedings as a justice of the peace,
The name of a lay justice must be entered in the supplemental list if—
he applies for it to be entered, and
the application is approved by the Lord Chancellor.
The Lord Chancellor may , with the concurrence of the Lord Chief Justice, direct that the name of a lay justice is to be entered in the supplemental list on the ground of incapacity.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).
A person’s name must be removed from the supplemental list if he ceases to be a justice of the peace.
A person’s name must be removed from the supplemental list if—
the Lord Chancellor , with the concurrence of the Lord Chief Justice, directs its removal.
A lay justice is entitled to payments by way of—
travelling allowance,
subsistence allowance, and
financial loss allowance.
Allowances under this section are to be paid by the Lord Chancellor at rates determined by him.
A lay justice’s travelling allowance is an allowance in respect of expenditure—
which is incurred by him on travelling, and
which is necessarily incurred for the purpose of enabling him to perform his duties.
A lay justice’s subsistence allowance is an allowance in respect of expenditure—
which is incurred by him on subsistence, and
which is necessarily incurred for the purpose of enabling him to perform his duties.
A lay justice’s financial loss allowance is an allowance in respect of—
any other expenditure incurred by reason of the performance of his duties, and
any loss of earnings or social security benefits suffered by reason of the performance of his duties.
A lay justice is not entitled to a payment under this section in respect of the performance of his duties if—
a payment of a similar kind in respect of those duties may be made to him apart from this section, or
entitlement to the payment is excluded by regulations made by the Lord Chancellor.
For the purposes of this section the performance of a lay justice’s duties includes taking a training course provided by or on behalf of the Lord Chief Justice .
The Lord Chancellor may by regulations make provision about the way in which this section is to be administered and may in particular make provision—
prescribing sums (including tax credits) that are to be treated as social security benefits for the purposes of financial loss allowances,
prescribing the particulars to be provided for claiming payment of allowances, and
for avoiding duplication between payments under this section and under other arrangements where expenditure is incurred for more than one purpose.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (7).
The Lord Chancellor—
must appoint a person to be keeper of the rolls for each local justice area, and
may appoint the same person to be keeper of the rolls for more than one local justice area.
The keeper of the rolls for a local justice area must be notified, in such manner as the Lord Chancellor may direct, of—
any assignment of a lay justice to the area,
any change in an assignment of a lay justice as a result of which he ceases to be assigned to the area, and
the fact that a lay justice assigned to the area has ceased to be a justice of the peace or that his name has been entered in or removed from the supplemental list.
The keeper of the rolls for a local justice area must ensure that an accurate record is maintained of all lay justices for the time being assigned to the area.
The Lord Chancellor must consult the Lord Chief Justice before—
appointing a person under subsection (1), or
giving a direction under subsection (2).
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
Chairman and deputy chairmen and the bench
For each local justice area there is to be—chosen by them from among their number.
a chairman of the lay justices assigned to the area, and
one or more deputy chairmen of those lay justices,
Rules may make provision—
subject to subsection (3), as to the term of office of the chairman and deputy chairmen, and
as to the number of deputy chairmen to be elected for any area.
The Lord Chief Justice may, with the concurrence of the Lord Chancellor, authorise a lay justice to continue to hold office as chairman or deputy chairman for the purposes of specified proceedings which are, or are expected to be, in progress on the day on which the lay justice’s office would otherwise end.
Any contested election for choosing the chairman or a deputy chairman is to be held by secret ballot.
Rules may make provision for the purposes of this section and may in particular make provision—
about the procedure for nominating candidates for election as a chairman or a deputy chairman;
about the procedure at such an election.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
If the chairman for a local justice area is present at a sitting or other meeting of lay justices assigned to or acting in the area, he must preside.
If, in the absence of the chairman, one or more of the deputy chairmen for a local justice area is present at a sitting or other meeting of lay justices assigned to or acting in that area he (or the most senior of them) must preside.
Neither subsection (1) nor subsection (2) applies if, in accordance with rules, the chairman or (as the case may be) the deputy chairman asks another of the lay justices to preside.
Subsections (1) and (2) do not confer on the chairman or a deputy chairman a right to preside in court if, under rules, he is ineligible to do so.
Subsections (1) and (2) do not confer on the chairman or a deputy chairman a right to preside—
in a youth court ...,
at meetings of a committee or other body of justices of the peace which has its own chairman, or
at sittings when a District Judge (Magistrates' Courts) is engaged as such in administering justice.
Rules may make provision for the purposes of subsections (3) and (4) and may in particular make provision—
as to training courses to be completed by lay justices before they may preside in court,
as to—
the approval of lay justices, in accordance with the rules, before they may preside in court,
the lay justices who may be so approved, and
the courts to which the approval relates, and
as to circumstances in which a lay justice may preside in court even though requirements imposed under paragraph (a) or (b) are not met in relation to him.
Rules may also make provision—
specifying the maximum number of lay justices who may sit to deal with a case as a magistrates' court, and
as to the arrangements to be made for securing the presence on the bench of enough, but not more than enough, lay justices.
Supplementary provisions about the bench
Such rules may make provision for committees, constituted in accordance with the rules, to have such functions as may be specified in the rules, including, in particular—
providing advice and support to lay justices in connection with their functions as lay justices;
identifying the training needs of lay justices;
appraising lay justices and reporting on the results of appraisals;
giving or withholding approval for the purposes of section 18;
advising the Lord Chief Justice in relation to authorisations of lay justices as judges of the family court or as members of youth courts;
granting or revoking such authorisations on behalf of the Lord Chief Justice .
The Lord Chief Justice must ensure that training and training materials that appear to him, after consulting the Lord Chancellor, to be appropriate are provided for lay justices with a view to enabling them to comply with requirements as to training imposed by rules under section 10 or 18 or this section.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
the Lord Chancellor,
the Criminal Procedure Rule Committee, and
the Family Procedure Rule Committee, ...
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The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions of making the rules referred to in this section.
The Lord Chancellor and the Lord Chief Justice must take all reasonable and practicable steps—
for ensuring that lay justices acting in a local justice area are kept informed of matters affecting them in the performance of their duties, and
for ascertaining their views on such matters.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
District Judges (Magistrates' Courts)
Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person who satisfies the judicial-appointment eligibility condition on a 5-year basis to be a District Judge (Magistrates' Courts).
A District Judge (Magistrates' Courts) must, before acting as such, take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Act 1868 (c. 72) and the Promissory Oaths Act 1871 (c. 48).
The Lord Chancellor may pay to a District Judge (Magistrates' Courts) such allowances as he may determine.
Any such allowances are in addition to the salary charged on and paid out of the Consolidated Fund under section 9 of the Administration of Justice Act 1973 (c. 15).
The Lord Chancellor may , with the concurrence of the Lord Chief Justice, remove a District Judge (Magistrates' Courts) from office on the ground of incapacity or misbehaviour.
Her Majesty
may designate one of the District Judges (Magistrates' Courts) to be Senior District Judge (Chief Magistrate), and
if she does so, may designate another of them to be the deputy of the Senior District Judge (Chief Magistrate).
The Lord Chief Justice may appoint a person who satisfies the judicial-appointment eligibility condition on a 5-year basis to be a Deputy District Judge (Magistrates' Courts) for such period as the Lord Chancellor considers appropriate (but subject to subsection (4)).
A Deputy District Judge (Magistrates' Courts) must, before acting as such, take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Act 1868 and the Promissory Oaths Act 1871.
The Lord Chancellor may pay to a Deputy District Judge (Magistrates' Courts) such remuneration and allowances as he may determine.
A person may be removed from office as a Deputy District Judge (Magistrates' Courts)—
only by the Lord Chancellor with the agreement of the Lord Chief Justice, and
only on—
the ground of inability or misbehaviour, or
a ground specified in the person's terms of appointment.
Subject to subsection (4B), the period of a person's appointment under this section (including a period already extended under this subsection) must be extended by the Lord Chancellor before its expiry.
Extension under subsection (4A)—
requires the person's agreement,
is to be for such period as the Lord Chancellor considers appropriate, and
may be refused on—but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.
the ground of inability or misbehaviour, or
a ground specified in the person's terms of appointment,
Subject to the preceding provisions of this section (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person appointed under this section is to hold and vacate office as a Deputy District Judge (Magistrates' Courts) in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.
The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (4)(a).
During the period of his appointment, a Deputy District Judge (Magistrates' Courts)—
is to act as a District Judge (Magistrates' Courts), and
is to be treated for all purposes (apart from appointment, tenure, remuneration, allowances and pensions) as if he were a District Judge (Magistrates' Courts).
A District Judge (Magistrates' Courts) is by virtue of his office a justice of the peace for England and Wales.
It is the duty of a District Judge (Magistrates' Courts) to act as a justice of the peace in any local justice area in accordance with arrangements made by the Lord Chief Justice, after consulting the Lord Chancellor .
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).
Nothing in the 1980 Act—applies to a District Judge (Magistrates' Courts).
requiring a magistrates' court to be composed of two or more justices, or
limiting the powers of a magistrates' court when composed of a single justice,
A District Judge (Magistrates' Courts) may—which can be done or exercised by two justices, apart from granting or transferring a licence.
do any act, and
exercise alone any jurisdiction,
Any enactment making provision ancillary to the jurisdiction exercisable by two justices of the peace also applies to the jurisdiction of a District Judge (Magistrates' Courts), unless the provision relates to granting or transferring a licence.
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“The 1980 Act” means the Magistrates' Courts Act 1980 (c. 43).
Legal advice
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The Lord Chief Justice may authorise a person—
to give advice to justices of the peace about matters of law (including procedure and practice) on questions arising in connection with the discharge of their functions, including questions arising when the person is not personally attending on them, and
to bring to the attention of justices of the peace, at any time when the person thinks appropriate, any point of law (including procedure and practice) that is or may be involved in any question so arising.
For the purposes of subsection (1), the functions of justices of the peace do not include functions as a judge of the family court or the Crown Court.
The Lord Chief Justice may authorise a person under subsection (1) only if the person—
has such qualifications as may be prescribed by regulations made by the Lord Chancellor with the agreement of the Lord Chief Justice.
An authorisation under subsection (1)—
may be subject to conditions, and
may be varied or revoked by the Lord Chief Justice at any time.
The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under the preceding provisions of this section—
a judicial office holder;
A person nominated under subsection (5)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—when exercising the functions.
the Lord Chief Justice, or
a judicial office holder nominated by the Lord Chief Justice,
In this section “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005.
The Lord Chief Justice may give directions to a person authorised to exercise functions under section 28(1).
Apart from such directions, a person authorised to exercise functions under section 28(1) is not subject to the direction of the Lord Chancellor or any other person when exercising the functions.
The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under subsection (1)—
a judicial office holder;
A person nominated under subsection (3)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—when exercising the functions.
the Lord Chief Justice, or
a judicial office holder nominated by the Lord Chief Justice,
In this section “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005.
Places, dates and times of sittings
The Lord Chancellor may , after consulting the Lord Chief Justice, give directions as to the places in England and Wales at which magistrates' courts may sit.
In exercising his powers under subsection (1), the Lord Chancellor shall have regard to the need to ensure that court-houses are accessible to persons resident in each local justice area.
The Lord Chancellor may, with the concurrence of the Lord Chief Justice, give directions as to the distribution and transfer of the general business of magistrates' courts between the places specified in directions under subsection (1).
Directions under subsection (3) may, in particular, contain provision that, where a person is charged with an offence and is being required to appear before a magistrates' court, the place where he is required to appear is one of the places described in subsection (5).
The places are—
a place in the local justice area in which the offence is alleged to have been committed;
a place in the local justice area in which the person charged with the offence resides;
a place in the local justice area in which the witnesses, or the majority of the witnesses, reside;
a place where other cases raising similar issues are being dealt with.
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The Lord Chancellor may , after consulting the Lord Chief Justice, give directions as to the days on which and times at which magistrates' courts may sit.
Subject to any directions under subsection (7), the business of magistrates' courts may be conducted on any day and at any time.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (7).
Protection and indemnification of justices and justices' clerks
No action lies against a justice of the peace in respect of what he does or omits to do—
in the execution of his duty as a justice of the peace, and
in relation to a matter within his jurisdiction.
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An action lies against a justice of the peace in respect of what he does or omits to do—if, but only if, it is proved that he acted in bad faith.
in the purported execution of his duty as a justice of the peace, but
in relation to a matter not within his jurisdiction,
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If a judge strikes out proceedings under subsection (1), he may if he thinks fit order the person bringing the action to pay costs.
A court may not order a justice of the peace to pay costs in any proceedings in respect of what he does or omits to do in the execution (or purported execution) of his duty as a justice of the peace.
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But subsection (1) does not apply in relation to any proceedings in which a justice of the peace ...—
is being tried for an offence or is appealing against a conviction, or
is proved to have acted in bad faith in respect of the matters giving rise to the proceedings.
A court which is prevented by subsection (1) from ordering a justice of the peace to pay costs in any proceedings may instead order the Lord Chancellor to make a payment in respect of the costs of a person in the proceedings.
The Lord Chancellor may , after consulting the Lord Chief Justice, make regulations specifying—
circumstances in which a court must or must not exercise the power conferred on it by subsection (4), and
how the amount of any payment ordered under subsection (4) is to be determined.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
“Indemnifiable amounts”, in relation to a justice of the peace ..., means—
costs which he reasonably incurs in or in connection with proceedings in respect of anything done or omitted to be done in the exercise (or purported exercise) of his duty as a justice of the peace ...,
costs which he reasonably incurs in taking steps to dispute a claim which might be made in such proceedings,
damages awarded against him or costs ordered to be paid by him in such proceedings, or
sums payable by him in connection with a reasonable settlement of such proceedings or such a claim.
Indemnifiable amounts relate to criminal matters if the duty mentioned in subsection (1)(a) relates to criminal matters.
The Lord Chancellor must indemnify a justice of the peace ... in respect of—
indemnifiable amounts which relate to criminal matters, unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith, and
other indemnifiable amounts if, in respect of the matters giving rise to the proceedings or claim, he acted reasonably and in good faith.
The Lord Chancellor may indemnify a justice of the peace ... in respect of other indemnifiable amounts unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith.
Any question whether, or to what extent, a person is to be indemnified under this section is to be determined by the Lord Chancellor.
The Lord Chancellor may, if the person claiming to be indemnified so requests, make a determination for the purposes of this section with respect to—before the costs are incurred or the settlement in connection with which the sums are payable is made.
costs such as are mentioned in subsection (1)(a) or (b), or
sums such as are mentioned in subsection (1)(d),
But a determination under subsection (6) before costs are incurred—
is subject to such limitations (if any) as the Lord Chancellor thinks proper and to the subsequent determination of the costs reasonably incurred, and
does not affect any other determination which may fall to be made in connection with the proceedings or claim in question.
Fines officers and designated officers
Any reference in an enactment to a fines officer is to a person who is—
designated as a fines officer by the Lord Chancellor.
A function given by or under an enactment to a fines officer as such is to be taken for the purposes of section 2(5) (ban on contracting-out of judicial functions) as not involving the making of judicial decisions and as not involving the exercise of any judicial discretion.
Any reference in an enactment to the designated officer, in relation to a magistrates' court, justice of the peace or local justice area, is to a person who is—
designated by the Lord Chancellor in relation to that court, justice of the peace or area.
In this section “magistrates' court” includes—
a committee of justices, ...
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Application of receipts of magistrates' courts etc.
The following are to be paid to the Lord Chancellor—
fines imposed by a magistrates' court,
sums which—
become payable by virtue of an order of a magistrates' court, and
are by an enactment made applicable as fines (or any description of fines) imposed by a magistrates' court, and
all other sums received by—in his capacity as such.
a designated officer for a magistrates' court, or
a designated officer for a local justice area,
“Fine” includes—
any pecuniary penalty, pecuniary forfeiture or pecuniary compensation payable under a conviction, and
any pecuniary forfeiture on conviction by, or under any order of, a magistrates' court so far as the forfeiture is converted into or consists of money.
For the purposes of this section anything done by the Crown Court on appeal from a magistrates' court is to be treated as done by the magistrates' court.
Any sums received by the Lord Chancellor under this section are to be paid by him into the Consolidated Fund.
Section 38(1) is subject to section 139 of the 1980 Act (sums paid on summary conviction applied for payment of compensation and costs).
Paragraphs (a) and (b) of section 38(1) do not apply to sums which, by or under any enactment, are directed to be paid to—
the Commissioners of Customs and Excise, or
officers of, or persons appointed by, the Commissioners.
Those paragraphs also do not apply to sums which, by or under any enactment, are directed—
to be paid to or for the benefit of—
the party aggrieved or injured or a person described in similar terms, or
the family or relatives of a person described in any such terms or of a person dying in consequence of an act or event which constituted or was the occasion of an offence,
to be applied in making good any default or repairing any damage or reimbursing any expenses (other than those of the prosecution), or
to be paid to any person, if the enactment refers in terms to awarding or reimbursing a loss or to damages, compensation or satisfaction for loss, damage, injury or wrong.
Paragraph (c) of section 38(1) does not apply to—
sums to which a person other than the Lord Chancellor is by law entitled and which are paid to that person, or
sums received by a designated officer on account of his salary or expenses as such.
Any sum paid to the Lord Chancellor by virtue of paragraph (c) of section 38(1) is to be paid to him subject to being repaid to any person establishing his title to it.
The Lord Chancellor may, with the concurrence of the Treasury, make regulations—
as to the times at which, and the manner in which, a designated officer is to pay sums payable by him in his capacity as such to the Lord Chancellor or any other person,
requiring the keeping of accounts by designated officers in respect of sums received by them,
as to the production, inspection and audit of accounts required to be kept, and
requiring designated officers to use—in relation to sums received by them.
specified banking arrangements or facilities, or
banking arrangements or facilities of a specified description,
Regulations under this section may make different provision in relation to different descriptions of designated officer.
Miscellaneous
A lay justice who is a member of a local authority may not act as a member of the Crown Court or a magistrates' court in proceedings brought by or against, or by way of an appeal from a decision of—
that local authority,
a committee or officer of that local authority, or
if that local authority is operating executive arrangements (within the meaning of Part 2 of the Local Government Act 2000 (c. 22))—
the executive of that local authority (within the meaning of that Part), or
any person acting on behalf of that executive.
A lay justice who is a member of the Common Council of the City of London may not act as a member of the Crown Court or a magistrates' court in proceedings brought by or against, or by way of an appeal from a decision of—
the Corporation of the City,
the Common Council, or
a committee or officer of the Corporation or the Common Council.
A joint committee, joint board, joint authority or other combined body—is to be regarded for the purposes of this section as a committee of the local authority, Corporation or Common Council.
of which a local authority, the Corporation or the Common Council is a member, or
on which the local authority, the Corporation or the Council is represented,
Any reference in this section to an officer of—is to a person employed or appointed by, or by a committee of, the local authority, Corporation or Common Council in the capacity in which he is employed or appointed to act.
a local authority,
the Corporation, or
the Common Council,
No act is invalidated merely because of the disqualification under this section of the person by whom it is done.
“Local authority” means—
a local authority within the meaning of the Local Government Act 1972 (c. 70),
a local authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),
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the London Fire Commissioner,
a joint authority established under Part 4 of the Local Government Act 1985 (c. 51),
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009,
a combined authority established under section 103 of that Act,
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,
a National Park Authority,
the Broads Authority, or
a housing action trust established under Part 3 of the Housing Act 1988 (c. 50).
In the application of this section to the London Fire Commissioner, the reference in subsection (1) to a member of the local authority is to the person who is for the time being the Commissioner.
Nothing in section 3 of the Act of Settlement (1700 c. 2) (certain persons born outside the United Kingdom) invalidates—
any appointment, whether made before or after the passing of this Act, of a justice of the peace, or
any act done by virtue of such an appointment.
Magistrates' courts
Criminal jurisdiction and procedure
For section 1(1) of the 1980 Act (issue of summons to accused or warrant for his arrest), substitute—
Omit section 1(2), (5) and (8) of the 1980 Act.
For section 2 of the 1980 Act substitute—
Schedule 3 contains amendments of the 1980 Act relating to rulings at pre-trial hearings in magistrates' courts.
The amendments made by the Schedule apply in relation to pre-trial hearings beginning on or after the day on which it comes into force.
After section 27 of the 1980 Act insert—
Omit section 3B of the 1980 Act (transfer of trials of summary offences).
Civil jurisdiction and procedure
For section 51 of the 1980 Act (issue of summons on complaint) substitute—
For section 52 of the 1980 Act (jurisdiction to deal with complaints) substitute—
After section 57 of the 1980 Act insert—
Family proceedings courts and youth courts
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Omit section 68 of the 1980 Act (combined family panels for two or more petty sessions areas).
For section 45 of the 1933 Act (constitution of youth courts) substitute—
Omit Schedule 2 to the 1933 Act (constitution of youth courts).
Omit section 146 of the 1980 Act (rules relating to youth court panels and the composition of youth courts).
“The 1933 Act” means the Children and Young Persons Act 1933 (c. 12).
Court security
A court security officer is a person who is—
designated by the Lord Chancellor as a court security officer.
The Lord Chancellor may by regulations make provision as to—
training courses to be completed by court security officers;
conditions to be met before a person may be designated as a court security officer.
For the purposes of this Part a court security officer who is not readily identifiable as such (whether by means of his uniform or badge or otherwise), is not to be regarded as acting in the execution of his duty.
A court security officer acting in the execution of his duty may search—
any person who is in, or seeking to enter, a court building, and
any article in the possession of such a person.
Subsection (1) does not authorise the officer to require a person to remove any of his clothing other than a coat, jacket, headgear, gloves or footwear.
In this Part “court building” means any building—
where the business of any of the courts referred to in section 1 is carried on, and
to which the public has access.
A court security officer acting in the execution of his duty may exclude or remove from a court building, or a part of a court building, any person who refuses—
to permit a search under section 52(1), or
to surrender an article in his possession when asked to do so under section 54(1).
A court security officer acting in the execution of his duty may—if it is reasonably necessary to do so for one of the purposes given in subsection (3).
restrain any person who is in a court building, or
exclude or remove any person from a court building, or a part of a court building,
The purposes are—
enabling court business to be carried on without interference or delay;
maintaining order;
securing the safety of any person in the court building.
A court security officer acting in the execution of his duty may remove any person from a courtroom at the request of a judge or a justice of the peace.
The powers conferred by subsections (1), (2) and (4) include power to use reasonable force, where necessary.
If a court security officer acting in the execution of his duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (3), he must ask the person to surrender the article.
If the person refuses to surrender the article, the officer may seize it.
The grounds are that the article—
may jeopardise the maintenance of order in the court building (or a part of it),
may put the safety of any person in the court building at risk, or
may be evidence of, or in relation to, an offence.
This section applies where an order has been made under section 15A of the Juries Act 1974 (surrender of electronic communications devices by jurors) in respect of the members of a jury.
A court security officer acting in the execution of the officer's duty must, if ordered to do so by a judge, search a member of the jury in order to determine whether the juror has failed to surrender an electronic communications device in accordance with the order.
Subsection (2) does not authorise the officer to require a person to remove clothing other than a coat, jacket, headgear, gloves or footwear.
If the search reveals a device which is required by the order to be surrendered—
the officer must ask the juror to surrender the device, and
if the juror refuses to do so, the officer may seize it.
In this section, “electronic communications device” means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003).
Subject to subsection (2), a court security officer may retain an article which was—until the time when the person who surrendered it, or from whom it was seized, is leaving the court building.
surrendered in response to a request under section 54(1), or
seized under section 54(2),
Subject to subsection (2), a court security officer may retain an article which was—until the end of the period specified in the relevant order under section 15A of the Juries Act 1974.
surrendered in response to a request under section 54A(4)(a), or
seized under section 54A(4)(b),
If a court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, he may retain it until—whichever is later.
the time specified in subsection (1) or (1A) (as appropriate), or
the end of the permitted period,
“The permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the court security officer to draw the article to the attention of a constable.
This section is subject to section 55A.
Section 55 does not apply.
The knife must be retained in accordance with regulations under subsection (5), unless returned or disposed of in accordance with those regulations or regulations made under section 56.
If a court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (3) prevents the officer retaining the knife for so long as necessary to enable the court security officer to draw it to the attention of a constable.
Without prejudice to the generality of section 56, the Lord Chancellor must by regulations make provision as to—
the procedure to be followed when a knife is retained under this section;
the making of requests by eligible persons for the return of knives so retained;
the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.
For the purposes of this section—“eligible person”, in relation to a knife retained under this section, means—the person who has surrendered the knife under section 54(1) or from whom the knife has been seized under section 54(2), or any other person specified in regulations made under subsection (5);“knife” includes—a knife-blade, and any other article which—has a blade or is sharply pointed, and is made or adapted for use for causing injury to the person.
The Lord Chancellor may by regulations make provision as to—
the provision to persons—of written information about the powers of retention of court security officers,
the keeping of records about articles which have been so surrendered or seized,
the period for which unclaimed articles have to be kept, and
the disposal of unclaimed articles at the end of that period.
“Unclaimed article” means an article—
which a person is entitled to have returned to him,
which has not been returned, and
whose return has not been requested by a person entitled to it.
Any person who assaults a court security officer acting in the execution of his duty commits an offence.
A person guilty of an offence under subsection (1) is liable on summary conviction to—or to both.
a fine not exceeding level 5 on the standard scale, or
imprisonment for a term not exceeding 6 months,
A person who resists or wilfully obstructs a court security officer acting in the execution of his duty commits an offence.
A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Inspectors of court administration
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Judges
Offices, titles, styles etc.
There is to be a Head of Civil Justice.
The Head of Civil Justice is—
the Master of the Rolls, or
if the Lord Chief Justice appoints another person, that person.
The Lord Chief Justice may appoint a person to be Deputy Head of Civil Justice.
The Lord Chief Justice must not appoint a person under subsection (2)(b) or (3) unless these conditions are met—
the Lord Chief Justice has consulted the Lord Chancellor;
the person to be appointed is one of the following—
the Chancellor of the High Court;
an ordinary judge of the Court of Appeal.
A person appointed under subsection (2)(b) or (3) holds the office to which he is appointed in accordance with the terms of his appointment.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
In section 2 of the 1981 Act (the Court of Appeal), for subsection (3) substitute—
“The 1981 Act” means the Senior Courts Act 1981(c. 54).
Admiralty Registrar... Chancellor of the High Court Chief Chancery Master Chief Insolvency and Companies Court Judge Chief Taxing Master Circuit judge Deputy Circuit judge Deputy district judge appointed under section 102 of the 1981 Act Deputy district judge appointed under section 8 of the County Courts Act 1984 Deputy Head of Civil Justice Deputy Head of Family Justice Deputy judge of the High Court District judge of the county court District judge of the High Court District judge of the principal registry of the Family Division District probate registrar Head of Civil Justice Head of Family Justice Insolvency and Companies Court Judge Lord Chief Justice Master of the Chancery Division... Master of the Queen’s Bench Division Master of the Rolls Ordinary judge of the Court of Appeal President of the Courts of England and Wales President of the Court of Protection, President of the Family Division President of the Queen's Bench Division Presiding Judge for a Circuit Puisne judge of the High Court Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals Recorder... Senior District Judge of the Family Division Senior Judge of the Court of Protection, Senior Master of the Queen’s Bench Division Senior Presiding Judge for England and Wales Taxing Master of the Senior Courts... Vice-president of the Court of Appeal Vice-president of the Court of Protection. Vice-president of the Queen’s Bench Division.
The Lord Chancellor may by order—
alter the name of an office listed in subsection (2);
provide for or alter the way in which the holders of any of those offices are to be styled.
The offices are—
The Lord Chancellor may by order—
alter the name of a relevant office;
provide for or alter the way in which a relevant office is to be styled.
The Lord Chancellor may also by order provide for or alter the way in which deputies or temporary additional officers appointed under section 91(1) of the 1981 Act are to be styled.
The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.
Before making an order under this section the Lord Chancellor must consult—
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the Master of the Rolls,
the President of the Queen's Bench Division,
the President of the Family Division, and
the Chancellor of the High Court.
An order under this section may make such provision as the Lord Chancellor considers necessary in consequence of any provision made under subsection (1) , (2A) or (3).
The provision that may be made under subsection (5) includes provision amending, repealing or revoking any enactment.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
Flexibility in deployment of judicial resources
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Schedule 4 contains amendments conferring functions on District Judges (Magistrates' Courts).
References in any enactment, instrument or other document to a district judge or deputy district judge do not include—
a District Judge (Magistrates' Courts), or
a Deputy District Judge (Magistrates' Courts).
Every holder of a judicial office specified in subsection (2) has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to—
criminal causes and matters,...
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The offices are—
judge of the High Court;
Master of the Rolls;
ordinary judge of the Court of Appeal;
Senior President of Tribunals;
deputy judge of the High Court;
Circuit judge;
deputy Circuit judge;
recorder.
Chamber President, or Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal;
judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007;
transferred-in judge of the Upper Tribunal (see section 31(2) of that Act);
office listed—
in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or
in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc);
district judge (which, by virtue of section 8(1C) of the County Courts Act 1984, here includes deputy district judge appointed under section 8 of that Act);
deputy district judge appointed under section 102 of the Senior Courts Act 1981;
judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007;
transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act);
member of a panel of Employment Judges established for England and Wales or for Scotland.
A qualifying judge advocate has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to criminal causes and matters.
For the purposes of section 45 of the 1933 Act, every holder of a judicial office specified in subsection (2) is qualified to sit as a member of a youth court.
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In this section “qualifying judge advocate” means—
the Judge Advocate General; or
a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).
Subsection (2A) is without prejudice to the powers conferred by this section on a person within subsection (2) where that person is also a qualifying judge advocate.
This section does not give a person any powers that a District Judge (Magistrates' Courts) may have to act in a court or tribunal that is not a magistrates' court.
Section 56A of the 1981 Act (Circuit judges not to sit on certain appeals) ceases to have effect.
Exercise of judicial functions by authorised persons
In this Part—“judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005;“relevant judicial function” means—a function of a court to which the general duty of the Lord Chancellor under section 1 of this Act applies; a judicial function of a person holding an office that entitles the person to exercise functions of such a court; but does not include a function to which any of the following subsections applies.
This subsection applies to any function so far as its exercise involves authorising a person's committal to prison.
This subsection applies to any function so far as its exercise involves authorising a person's arrest, but it does not apply to the issue of a warrant (whether or not endorsed for bail) for a person's arrest in order to secure that the person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of the person to the issue of the warrant.
This subsection applies to the function of making an order to recover possession of a building, or part of a building, which is occupied as a dwelling by—but it does not apply to the making of an order in a case in which no objection is made by or on behalf of the person against whom the order is made to the making of the order.
the person against whom the order is made, or
the person's spouse, civil partner or dependent child aged under 18,
This subsection applies to the function of granting an injunction under section 37 of the Senior Courts Act 1981.
This subsection applies to the function of making an order under section 7 of the Civil Procedure Act 1997 (order for preserving evidence etc).
Rules of court may provide for the exercise of relevant judicial functions by persons who—
satisfy any requirements specified in the rules as to qualifications or experience.
A person may exercise functions by virtue of subsection (1) only if authorised to do so by the Lord Chief Justice.
Such a person is referred to in this Part as an “authorised person”.
An authorisation under subsection (2)—
may be subject to conditions, and
may be varied or revoked by the Lord Chief Justice at any time.
The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under the preceding provisions of this section—
a judicial office holder;
A person nominated under subsection (5)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—when exercising the functions.
the Lord Chief Justice, or
a judicial office holder nominated by the Lord Chief Justice,
Nothing in this Part is to be taken to affect the generality of any enactment conferring powers to make rules of court.
Before making rules of court that provide for the exercise of relevant judicial functions by authorised persons by virtue of section 67B(1), the authority with power to make the rules must take the following steps in relation to each of the functions in question.
The authority must consider whether the rules should include a right for the parties to proceedings in which a decision is made by an authorised person exercising the function to have the decision reconsidered by a judicial office holder.
If the authority considers that the rules should include such a right, it must include provision to that effect when it makes the rules.
If the authority does not consider that the rules should include such a right, it must inform the Lord Chancellor of—
its decision, and
its reasons for reaching that decision.
The Lord Chief Justice may give directions to an authorised person.
Apart from such directions, an authorised person exercising a relevant judicial function by virtue of section 67B(1) is not subject to the direction of the Lord Chancellor or any other person when exercising the function.
The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under subsection (1)—
a judicial office holder;
A person nominated under subsection (3)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—when exercising the functions.
the Lord Chief Justice, or
a judicial office holder nominated by the Lord Chief Justice,
No action lies against an authorised person in respect of what the person does or omits to do—
in the execution of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function, and
in relation to a matter within the person's jurisdiction.
An action lies against an authorised person in respect of what the person does or omits to do—if, but only if, it is proved that the person acted in bad faith.
in the purported execution of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function, but
in relation to a matter not within the person's jurisdiction,
If an action is brought in circumstances in which subsection (1) or (2) provides that no action lies, the court in which the action is brought—
may, on the application of the defendant, strike out the proceedings in the action, and
if it does so, may if it thinks fit order the person bringing the action to pay costs.
A court may not order an authorised person to pay costs in any proceedings in respect of what the person does or omits to do in the execution (or purported execution) of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function.
But subsection (1) does not apply in relation to any proceedings in which an authorised person—
is being tried for an offence or is appealing against a conviction, or
is proved to have acted in bad faith in respect of the matters giving rise to the proceedings.
A court which is prevented by subsection (1) from ordering an authorised person to pay costs in any proceedings may instead order the Lord Chancellor to make a payment in respect of the costs of a person in the proceedings.
The Lord Chancellor may, after consulting the Lord Chief Justice, make regulations specifying—
circumstances in which a court must or must not exercise the power conferred on it by subsection (3), and
how the amount of any payment ordered under subsection (3) is to be determined.
The Lord Chief Justice may nominate a judicial office holder to exercise the Lord Chief Justice's functions under this section.
“Indemnifiable amounts”, in relation to an authorised person, means—
costs which the person reasonably incurs in or in connection with proceedings in respect of anything done or omitted to be done in the exercise (or purported exercise) of the person's duty as an authorised person,
costs which the person reasonably incurs in taking steps to dispute a claim which might be made in such proceedings,
damages awarded against the person or costs ordered to be paid by the person in such proceedings, or
sums payable by the person in connection with a reasonable settlement of such proceedings or such a claim.
Indemnifiable amounts relate to criminal matters if the duty mentioned in subsection (1)(a) relates to criminal matters.
The Lord Chancellor must indemnify an authorised person in respect of—
indemnifiable amounts which relate to criminal matters, unless it is proved, in respect of the matters giving rise to the proceedings or claim, that the person acted in bad faith, and
other indemnifiable amounts if, in respect of the matters giving rise to the proceedings or claim, the person acted reasonably and in good faith.
The Lord Chancellor may indemnify an authorised person in respect of other indemnifiable amounts unless it is proved, in respect of the matters giving rise to the proceedings or claim, that the person acted in bad faith.
Any question whether, or to what extent, an authorised person is to be indemnified under this section is to be determined by the Lord Chancellor.
The Lord Chancellor may, if the person claiming to be indemnified so requests, make a determination for the purposes of this section with respect to—before the costs are incurred or the settlement in connection with which the sums are payable is made.
costs such as are mentioned in subsection (1)(a) or (b), or
sums such as are mentioned in subsection (1)(d),
But a determination under subsection (6) before costs are incurred—
is subject to such limitations (if any) as the Lord Chancellor thinks proper and to the subsequent determination of the costs reasonably incurred, and
does not affect any other determination which may fall to be made in connection with the proceedings or claim in question.
Procedure rules and practice directions
Criminal Procedure Rules and practice directions
In this Part “criminal court” means—
the criminal division of the Court of Appeal;
when dealing with any criminal cause or matter—
the Crown Court;
a magistrates' court.
the High Court in relation to its jurisdiction under the Extradition Act 2003.
There are to be rules of court (to be called “Criminal Procedure Rules”) governing the practice and procedure to be followed in the criminal courts.
Criminal Procedure Rules are to be made by a committee known as the Criminal Procedure Rule Committee.
The power to make Criminal Procedure Rules includes power to make different provision for different cases or different areas, including different provision—
for a specified court or description of courts, or
for specified descriptions of proceedings or a specified jurisdiction.
Any power to make . . . Criminal Procedure Rules is to be exercised with a view to securing that—
the criminal justice system is accessible, fair and efficient, and
the rules are both simple and simply expressed.
The Criminal Procedure Rule Committee is to consist of—
the Lord Chief Justice, and
the persons currently appointed in accordance with subsections (1A) and (1B).
The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (e) of subsection (2).
The Lord Chancellor must appoint the persons falling within paragraphs (f) to (k) of subsection (2).
The persons to be appointed in accordance with subsections (1A) and (1B) are—
a person nominated by the Lord Chancellor,
three persons each of whom is either a ... judge of the High Court or a judge of the Court of Appeal,
two Circuit judges with particular experience of sitting in criminal courts,
one District Judge (Magistrates' Courts),
one lay justice,
one person authorised under section 28(1) (authorisation to provide legal advice to justices of the peace),
the Director of Public Prosecutions or a person nominated by the Director,
two persons who have a Senior Courts qualification and who have particular experience of practice in criminal courts,
two persons who—
have been authorised by a relevant approved regulator to conduct litigation in relation to all proceedings in the Senior Courts, and
have particular experience of practice in criminal courts,
one person who appears to represent the National Police Chiefs' Council, and
two persons who appear to represent voluntary organisations with a direct interest in the work of criminal courts.
In subsection (2)(i)(i) “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.
Before appointing a person in accordance with subsection (1A), other than a person falling within subsection (2)(a), the Lord Chief Justice must consult the Lord Chancellor.
Before appointing a person in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice.
The Criminal Procedure Rule Committee is to be chaired by the Lord Chief Justice; and one of the judges appointed under subsection (2)(b) is to be his deputy.
A person falling within subsection (2)(f) exercising a function as a member of the Criminal Procedure Rule Committee is not subject to the direction of the Lord Chancellor or any other person when exercising the function.
The Lord Chancellor may reimburse—
the travelling and out-of-pocket expenses of the members of the Criminal Procedure Rule Committee, and
authorised travelling and out-of-pocket expenses of persons invited to participate in the work of the Committee.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
“The 1990 Act” means the Courts and Legal Services Act 1990 (c. 41).
The Lord Chancellor may by order—
amend section 70(2) or (3A), and
make consequential amendments in any other provision of section 70.
The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
The Criminal Procedure Rule Committee must, before making Criminal Procedure Rules—
consult such persons as they consider appropriate, and
meet (unless it is inexpedient to do so).
Rules made by the Criminal Procedure Rule Committee must be—
signed by a majority of the members of the Committee, and
submitted to the Lord Chancellor.
The Lord Chancellor may... allow or disallow rules so made.
If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.
Rules so made and allowed by the Lord Chancellor—
come into force on such day as the Lord Chancellor directs, and
are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.
... A statutory instrument containing Criminal Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.
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This section applies if the Lord Chancellor gives the Criminal Procedure Rules Committee written notice that he thinks it is expedient for Criminal Procedure Rules to include provision that would achieve a purpose specified in the notice.
The Committee must make such rules as it considers necessary to achieve the specified purpose.
Those rules must be—
made within a reasonable period after the Lord Chancellor gives notice to the Committee;
made in accordance with section 72.
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The Lord Chancellor may, ... after consulting the Lord Chief Justice, by order amend, repeal or revoke any enactment to the extent that he considers necessary or desirable—
in order to facilitate the making of Criminal Procedure Rules, or
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 as to the practice and procedure of the criminal courts.
Directions as to the practice and procedure of the criminal courts given otherwise than under subsection (1) may not be given without the approval of—
the Lord Chancellor, and
the Lord Chief Justice.
The power to give directions under subsection (1) includes power—
to vary or revoke directions as to the practice and procedure of the criminal courts (or any of them), whether given under subsection (1) or otherwise ,
to give directions containing different provision for different cases (including different areas), and
to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.
Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—
the application or interpretation of the law;
the making of judicial decisions.
Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—
after consulting the Lord Chancellor, and
with the approval of the Lord Chief Justice.
Family Procedure Rules and practice directions
There are to be rules of court (to be called “Family Procedure Rules”) governing the practice and procedure to be followed in family proceedings...
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Family Procedure Rules are to be made by a committee known as the Family Procedure Rule Committee.
Family proceedings” means—
proceedings in the family court, and
The power to make Family Procedure Rules includes power to make different provision for different cases or different areas, including different provision—
for a specified court or description of courts, or
for specified descriptions of proceedings or a specified jurisdiction.
Any power to make . . . Family Procedure Rules is to be exercised with a view to securing that—
the family justice system is accessible, fair and efficient, and
the rules are both simple and simply expressed.
Family Procedure Rules may not be made in respect of matters which may be dealt with in probate rules made . . . under section 127 of the 1981 Act.
Family Procedure Rules may —
modify or exclude the application of any provision of the County Courts Act 1984 (c. 28), ...
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Family Procedure Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to family proceedings held in private.
Family Procedure Rules may modify the rules of evidence as they apply to family proceedings....
Family Procedure Rules may apply any rules of court (including in particular Civil Procedure Rules) which relate to—
courts which are outside the scope of Family Procedure Rules, or
proceedings other than family proceedings.
Any rules of court, not made by the Family Procedure Rule Committee, which apply to proceedings of a particular kind in a court within the scope of Family Procedure Rules may be applied by Family Procedure Rules to family proceedings in such a court.
In subsections (4) and (5) “rules of court” includes any provision governing the practice and procedure of a court which is made by or under an enactment.
Where Family Procedure Rules may be made by applying other rules, the other rules may be applied—
to any extent,
with or without modification, and
as amended from time to time.
Family Procedure Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions.
The Family Procedure Rule Committee is to consist of—
the President of the Family Division, and
the persons currently appointed in accordance with subsections (1A) and (1B).
The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (f) of subsection (2).
The Lord Chancellor must appoint the persons falling within paragraphs (g) to (o) of subsection (2).
The persons to be appointed in accordance with subsections (1A) and (1B) are—
two judges of the Senior Courts, at least one of whom must be a puisne judge attached to the Family Division,
one Circuit judge,
one judge of the family court who sits exclusively or primarily in Wales,
one person who is either a district judge of the principal registry of the Family Division or a district judge appointed under section 6 of the County Courts Act 1984,
one district judge appointed under section 6 of the County Courts Act 1984 (c. 28),
one District Judge (Magistrates' Courts),
one lay justice,
one person authorised under section 31O(1) of the Matrimonial and Family Proceedings Act 1984 (authorisation to provide legal advice to judges of the family court),
one person who has—
a Senior Courts qualification, and
particular experience of family practice in the High Court,
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one person who has—
a Senior Courts qualification, and
particular experience of family practice in the family court,
one person who—
has been authorised by a relevant approved regulator to conduct litigation in relation to all proceedings in the Senior Courts, and
has particular experience of family practice in the High Court,
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one person who—
has been so authorised, and
has particular experience of family practice in the family court,
one person nominated by CAFCASS, ...
one person nominated by the Welsh Ministers to represent the interests of Welsh family proceedings officers (within the meaning given by section 35(4) of the Children Act 2004), and
one person with experience in and knowledge of the lay advice sector or the system of justice in relation to family proceedings.
Before appointing a person in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor and the President of the Family Division.
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Before appointing a person in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within any of paragraphs (h) to (m) of subsection (2), must also consult any body which—
has members eligible for appointment under the provision in question, and
is a relevant approved regulator in relation to the exercise of a right of audience or the conduct of litigation (or both).
A person falling within subsection (2)(g) exercising a function as a member of the Family Procedure Rule Committee is not subject to the direction of the Lord Chancellor or any other person when exercising the function.
The Lord Chancellor may reimburse the members of the Family Procedure Rule Committee their travelling and out-of-pocket expenses.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.
The Lord Chancellor may by order—
amend section 77(2) (persons to be appointed to Committee by Lord Chancellor or Lord Chief Justice), and
make consequential amendments in any other provision of section 77.
The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.
Before making an order under this section the Lord Chancellor must consult the President of the Family Division.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
The Family Procedure Rule Committee must, before making Family Procedure Rules—
consult such persons as they consider appropriate, and
meet (unless it is inexpedient to do so).
Rules made by the Family Procedure Rule Committee must be—
signed by a majority of the members of the Committee, and
submitted to the Lord Chancellor.
The Lord Chancellor may allow or disallow rules so made.
If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.
Rules so made, and allowed by the Lord Chancellor—
come into force on such day as the Lord Chancellor directs, and
are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.
. . . a statutory instrument containing Family Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.
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This section applies if the Lord Chancellor gives the Family Procedure Rules Committee written notice that he thinks it is expedient for Family Procedure Rules to include provision that would achieve a purpose specified in the notice.
The Committee must make such rules as it considers necessary to achieve the specified purpose.
Those rules must be—
made within a reasonable period after the Lord Chancellor gives notice to the Committee;
made in accordance with section 79.
The Lord Chancellor may , after consulting the Lord Chief Justice, by order amend, repeal or revoke any enactment to the extent that he considers necessary or desirable—
in order to facilitate the making of Family Procedure Rules, or
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 as to the practice and procedure of—
the civil division of the Court of Appeal in proceedings on appeal from the Family Division of the High Court or from the family court,
the family court.
Directions as to the practice and procedure mentioned in subsection (1) which are given otherwise than under subsection (1) may not be given without the approval of—
the Lord Chancellor, and
the Lord Chief Justice.
Directions as to the practice and procedure mentioned in subsection (1)(whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1 to the Civil Procedure Act 1997, may be provided for by Civil Procedure Rules.
The power to give directions under subsection (1) includes power—
to vary or revoke directions as to the practice and procedure mentioned in subsection (1), whether given under subsection (1) or otherwise,
to give directions containing different provision for different cases (including different areas), and
to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.
Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—
the application or interpretation of the law;
the making of judicial decisions.
Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—
after consulting the Lord Chancellor, and
with the approval of the Lord Chief Justice.
In this section—“Civil Procedure Rules” has the same meaning as in the Civil Procedure Act 1997;...
Civil Procedure Rules
For section 1(3) of the 1997 Act (general objectives of Civil Procedure Rules) substitute—
“The 1997 Act” means the Civil Procedure Act 1997 (c. 12).
For section 2(1)(a) and (b) of the 1997 Act (ex officio members of the Committee) substitute—.
For section 2(2)(a) of the 1997 Act (one judge of the Senior Courts to be appointed to Committee) substitute—.
For section 2(2)(g) and (h) of the 1997 Act (appointment of persons with experience etc. of lay advice sector and consumer affairs) substitute
After section 2 of the 1997 Act insert—
Transmission and recording of court and tribunal proceedings
Remote observation and recording
This section applies (subject to subsections (12) and (13)) to proceedings in any court; and in this section “court” has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act).
If the proceedings are specified under subsection(8)(a), the court may direct that images or sounds of the proceedings are to be transmitted electronically for the purpose of enabling persons not taking part in the proceedings to watch or listen to the proceedings.
A direction under subsection(2) may authorise only the following types of transmission—
transmission to designated live-streaming premises, or
transmission to which individuals are given access only having first identified themselves to the court (or to a person acting on behalf of the court).
In subsection(3)(a), “designated live-streaming premises” means premises that are designated by the Lord Chancellor as premises that are made available for members of the public to watch or listen to proceedings in accordance with directions under subsection(2).
A direction under subsection(2) may include further provision about—
the manner of transmission, or
the persons who are to be able to watch or listen to the transmission (including provision making that ability subject to conditions, or aimed at preventing persons who are not meant to watch or listen from being able to do so).
If images or sounds of the proceedings are transmitted electronically (whether under a direction under subsection(2) or any other power), the court may direct that a recording of the transmission is to be made, in the manner specified in the direction, for the purpose of enabling the court to keep a record of the proceedings.
A direction under subsection(2) or(6)—
may relate to the whole, or to part, of the proceedings concerned, and
may be varied or revoked.
The Lord Chancellor may by regulations—
specify proceedings (by reference to their type, the court in which they take place, or any other circumstance) in relation to which directions under subsection(2) may be made;
specify matters of which the court must be satisfied before deciding to make such a direction;
specify matters that the court must take into account when deciding whether, and on what terms, to make such a direction;
require directions under subsection(2) to include certain provision under subsection(5).
Before making regulations under subsection(8), the Lord Chancellor must determine whether the function of giving or withholding concurrence to the regulations would most appropriately be exercised by—
the Lord Chief Justice of England and Wales,
the Senior President of Tribunals, or
both of them.
Regulations under subsection(8) may be made only with the concurrence of the Lord Chief Justice of England and Wales, the Senior President of Tribunals, or both of them, as determined under subsection(9).
Regulations under subsection(8) may make different provision for different purposes.
This section does not apply to proceedings in the Supreme Court.
This section does not apply to proceedings if provision regulating the procedure to be followed in those proceedings could be made by—
an Act of the Scottish Parliament,
an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or
an Act of the Northern Ireland Assembly passed without the consent of the Secretary of State.
Offence of recording or transmission
It is an offence for a person to make, or attempt to make—of an image or sound within subsection(2) or(3).
an unauthorised recording, or
an unauthorised transmission,
An image or sound is within this subsection if it is an image or sound of court proceedings that is being transmitted to the place where the recording or transmission referred to in subsection(1) is made or attempted to be made.
An image or sound is within this subsection if it is an image or sound of a person while that person is remotely attending court proceedings.
A person is remotely attending court proceedings at any time when the person—
is not in the same place as any member of the court, and
is taking part in, watching or listening to the proceedings by way of a transmission.
For the purposes of this section a recording or transmission is “unauthorised” unless it is—
authorised (generally or specifically) by the court in which the proceedings concerned are being conducted, or
authorised (generally or specifically) by the Lord Chancellor.
It is a defence for a person charged with an offence under subsection(1) to prove that, at the time of the actual or attempted recording or transmission, the person—
was not in designated live-streaming premises, and
did not know that the image or sound concerned was of a sort within subsection(2) or(3).
In subsection(6)(a), “designated live-streaming premises” has the meaning given by section 85A(4).
A person guilty of an offence under subsection(1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Conduct that amounts to an offence under subsection(1) is also a contempt of court. But a person cannot, in respect of the same conduct, be both convicted of the offence and punished for the contempt.
For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
This section does not apply to proceedings in the Supreme Court.
This section does not apply to court proceedings if provision regulating the procedure to be followed in those proceedings could be made by—
an Act of the Scottish Parliament,
an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or
an Act of the Northern Ireland Assembly passed without the consent of the Secretary of State.
In this section—“court” has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act);“court proceedings” means proceedings in any court;“recording” means a recording on any medium—of a single image, a moving image or any sound, or from which a single image, a moving image or any sound may be produced or reproduced;“transmission” means any transmission by electronic means of a single image, a moving image or any sound (and “transmitted” is to be construed accordingly).
Civil proceedings: prohibition of cross-examination in person
In this Part—“civil proceedings” means—proceedings in the county court, proceedings in the High Court, other than—proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, and proceedings in the exercise of its jurisdiction under the Extradition Act 2003, and proceedings in the civil division of the Court of Appeal arising out of civil proceedings within paragraph (a) or (b);“witness”, in relation to any proceedings, includes a party to the proceedings.
In civil proceedings, no party to the proceedings who has been convicted of, or given a caution for, a specified offence may cross-examine in person a witness who is the victim of that offence.
In civil proceedings, no party to the proceedings who is the victim of a specified offence may cross-examine in person a witness who has been convicted of, or given a caution for, that offence.
Subsections (1) and (2) do not apply to a conviction or caution that is spent for the purposes of the Rehabilitation of Offenders Act 1974, unless evidence in relation to the conviction or caution is admissible in, or may be required in, the proceedings by virtue of section 7(2), (3) or (4) of that Act.
Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the conviction or caution when the cross-examination took place.
In this section—“caution” means—in the case of England and Wales—a conditional caution given under section 22 of the Criminal Justice Act 2003, a youth conditional caution given under section 66A of the Crime and Disorder Act 1998, or any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, the person has admitted; in the case of Scotland, anything corresponding to a caution falling within paragraph (a) (however described) which is given to a person in respect of an offence under the law of Scotland; in the case of Northern Ireland—a conditional caution given under section 71 of the Justice Act (Northern Ireland) 2011, or any other caution given to a person in Northern Ireland in respect of an offence which, at the time the caution is given, the person has admitted;“conviction” means—a conviction by or before a court in England and Wales, Scotland or Northern Ireland; a conviction in service disciplinary proceedings (in England and Wales, Scotland, Northern Ireland, or elsewhere), including—in the case of proceedings in respect of a service offence, anything that under section 376(1) and (2) of the Armed Forces Act 2006 (which relates to summary hearings and the Summary Appeal Court) is to be treated as a conviction for the purposes of that Act, and in the case of any other service disciplinary proceedings, a finding of guilt in those proceedings; a finding in any criminal proceedings (including a finding linked with a finding of insanity) that the person concerned has committed an offence or done the act or made the omission charged; and “convicted” is to be read accordingly;“service disciplinary proceedings” means—any proceedings (whether or not before a court) in respect of a service offence (except proceedings before a civilian court within the meaning of the Armed Forces Act 2006); any proceedings under the Army Act 1955, the Air Force Act 1955, or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under any of those Acts to award a punishment in respect of an offence); any proceedings before a Standing Civilian Court established under the Armed Forces Act 1976;“service offence” means—a service offence within the meaning of the Armed Forces Act 2006, or an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);“specified offence” means an offence which is specified, or of a description specified, in regulations made by the Lord Chancellor.
The following provisions (which deem a conviction of a person discharged not to be a conviction) do not apply for the purposes of this section to a conviction of a person for an offence in respect of which an order has been made discharging the person absolutely or conditionally—
section 14 of the Powers of Criminal Courts (Sentencing) Act 2000;
section 82 of the Sentencing Code;
section 187 of the Armed Forces Act 2006 or any corresponding earlier enactment.
For the purposes of this section “offence” includes an offence under a law that is no longer in force.
In civil proceedings, no party to the proceedings against whom an on-notice protective injunction is in force may cross-examine in person a witness who is protected by the injunction.
In civil proceedings, no party to the proceedings who is protected by an on-notice protective injunction may cross-examine in person a witness against whom the injunction is in force.
Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the protective injunction when the cross-examination took place.
In this section “protective injunction” means an order, injunction or interdict specified, or of a description specified, in regulations made by the Lord Chancellor.
For the purposes of this section, a protective injunction is an “on-notice” protective injunction if—
the court is satisfied that there has been a hearing at which the person against whom the protective injunction is in force asked, or could have asked, for the injunction to be set aside or varied, or
the protective injunction was made at a hearing of which the court is satisfied that both the person who applied for it and the person against whom it is in force had notice.
In civil proceedings, where specified evidence is adduced that a person who is a witness has been the victim of domestic abuse carried out by a party to the proceedings, that party to the proceedings may not cross-examine the witness in person.
In civil proceedings, where specified evidence is adduced that a person who is a party to the proceedings has been the victim of domestic abuse carried out by a witness, that party may not cross-examine the witness in person.
In this section—“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;“specified evidence” means evidence specified, or of a description specified, in regulations made by the Lord Chancellor.
Regulations under subsection (3) may provide that any evidence which satisfies the court that domestic abuse, or domestic abuse of a specified description, has occurred is specified evidence for the purposes of this section.
In civil proceedings, the court may give a direction prohibiting a party to the proceedings from cross-examining (or continuing to cross-examine) a witness in person if—
it appears to the court that—
the quality condition or the significant distress condition is met, and
it would not be contrary to the interests of justice to give the direction.
The “quality condition” is met if the quality of evidence given by the witness on cross-examination—
is likely to be diminished if the cross-examination (or continued cross-examination) is conducted by the party in person, and
would be likely to be improved if a direction were given under this section.
The “significant distress condition” is met if—
the cross-examination (or continued cross-examination) of the witness by the party in person would be likely to cause significant distress to the witness or the party, and
that distress is likely to be more significant than would be the case if the witness were cross-examined other than by the party in person.
A direction under this section may be made by the court—
on an application made by a party to the proceedings, or
of its own motion.
In determining whether the quality condition or the significant distress condition is met in the case of a witness or party, the court must have regard to, among other things—
any views expressed by the witness as to whether or not the witness is content to be cross-examined by the party in person;
any views expressed by the party as to whether or not the party is content to cross-examine the witness in person;
the nature of the questions likely to be asked, having regard to the issues in the proceedings;
any charge of which the court is aware in respect of a specified offence alleged to have been committed by the party in relation to the witness;
any charge of which the court is aware in respect of a specified offence alleged to have been committed by the witness in relation to the party;
any behaviour by the party in relation to the witness in respect of which the court is aware that a finding of fact has been made in the proceedings or in any other proceedings;
any behaviour by the witness in relation to the party in respect of which the court is aware that a finding of fact has been made in the proceedings or in any other proceedings;
any behaviour by the party at any stage of the proceedings, both generally and in relation to the witness;
any behaviour by the witness at any stage of the proceedings, both generally and in relation to the party;
any relationship (of whatever nature) between the witness and the party.
In subsection (5)(d) and (e) “specified offence” means an offence that is a specified offence for the purposes of section 85F.
Any reference in this section to the quality of a witness's evidence is to its quality in terms of completeness, coherence and accuracy.
For this purpose “coherence” refers to a witness's ability in giving evidence to give answers which—
address the questions put to the witness, and
can be understood, both individually and collectively.
A direction under section 85I has binding effect from the time it is made until the witness in relation to whom it applies is discharged.
But the court may revoke a direction under section 85I before the witness is discharged, if it appears to the court to be in the interests of justice to do so, either—
on an application made by a party to the proceedings, or
of its own motion.
The court may revoke a direction under section 85I on an application made by a party to the proceedings only if there has been a material change of circumstances since—
the direction was given, or
if a previous application has been made by a party to the proceedings, the application (or the last application) was determined.
The court must state its reasons for—
giving a direction under section 85I;
refusing an application for a direction under section 85I;
revoking a direction under section 85I;
refusing an application for the revocation of a direction under section 85I.
The court must consider whether (ignoring this section) there is a satisfactory alternative means—
for the witness to be cross-examined in the proceedings, or
of obtaining evidence that the witness might have given under cross-examination in the proceedings.
If the court decides that there is not, the court must—
invite the party to the proceedings to arrange for a qualified legal representative to act for the party for the purpose of cross-examining the witness, and
require the party to the proceedings to notify the court, by the end of a period specified by the court, of whether a qualified legal representative is to act for the party for that purpose.
Subsection (5) applies if, by the end of the period specified under subsection (3)(b), either—
the party has notified the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness, or
no notification has been received by the court and it appears to the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness.
The court must consider whether it is necessary in the interests of justice for the witness to be cross-examined by a qualified legal representative appointed by the court to represent the interests of the party.
If the court decides that it is, the court must appoint a qualified legal representative (chosen by the court) to cross-examine the witness in the interests of the party.
A qualified legal representative appointed by the court under subsection (6) is not responsible to the party.
For the purposes of this section—
a reference to cross-examination includes a reference to continuing to conduct cross-examination;
“qualified legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act) in civil proceedings.
The Lord Chancellor may by regulations make provision for the payment out of central funds of sums in respect of—
fees or costs properly incurred by a qualified legal representative appointed under section 85K(6), and
expenses properly incurred in providing such a person with evidence or other material in connection with the appointment.
The regulations may provide for sums payable under subsection (1) to be determined by the Lord Chancellor or such other person as the regulations may specify.
The regulations may provide for sums payable under subsection (1)—
to be such amounts as are specified in the regulations;
to be calculated in accordance with—
a rate or scale specified in the regulations, or
other provision made by or under the regulations.
A qualified legal representative appointed under section 85K(6) must have regard to any guidance issued under this section.
The Lord Chancellor may from time to time revise any guidance issued under this section.
The Lord Chancellor must publish—
any guidance issued under this section, and
any revisions of that guidance.
Regulations under this Part may make different provision for different purposes.
Miscellaneous
Provisions relating to criminal procedure and appeals
A person who is a defendant in proceedings in a criminal court must provide his or her name, date of birth and nationality if required to do so at any stage of proceedings by the court.
Criminal Procedure Rules must specify the stages of proceedings at which requirements are to be imposed by virtue of subsection (1) (and may specify other stages of proceedings when such requirements may be imposed).
A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed by virtue of subsection (1), whether by providing false or incomplete information or by providing no information.
Information provided by a person in response to a requirement imposed by virtue of subsection (1) is not admissible in evidence in criminal proceedings against that person other than proceedings for an offence under this section.
A person guilty of an offence under subsection (3) is liable on summary conviction to either or both of the following—
imprisonment for a term not exceeding 51 weeks (or 6 months if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003), or
a fine.
The criminal court before which a person is required to provide his or her name, date of birth and nationality may deal with any suspected offence under subsection (3) at the same time as dealing with the offence for which the person was already before the court.
In this section a “criminal court” is, when dealing with any criminal cause or matter—
the Crown Court;
a magistrates' court.
In section 31 of the 1968 Act (powers of the Court of Appeal under Part 1 of that Act exercisable by single judge), in subsection (2), after paragraph (h) insert—
In section 31A of the 1968 Act (powers of Court of Appeal under Part 1 of that Act exercisable by registrar), in subsection (2), after paragraph (c) insert—, and at the end of paragraph (b), omit “and”.
After section 31A of the 1968 Act insert—
Sections 31B to 31C of the 1968 Act apply to—
applications for leave to appeal falling to be determined on or after the date on which this section comes into force, and
appeals in relation to which—is granted on or after that date.
a certificate under Part 1 of the 1968 Act that the case is fit for appeal, or
leave to appeal,
“The 1968 Act” means the Criminal Appeal Act 1968 (c. 19).
Amend section 2 of the Administration of Justice Act 1960 (c. 65) (applications for leave to appeal to Supreme Court) as follows.
In subsection (1)—
for “fourteen” (in both places) substitute “ 28 ”, and
for “date of the decision of that court” substitute “ relevant date ”.
After subsection (1) insert—
Amend section 34 of the 1968 Act (applications for leave to appeal to the Supreme Court) as follows.
In subsection (1)—
for “fourteen” (in both places) substitute “ 28 ”, and
for “date of the decision of the Court of Appeal” substitute “ relevant date ”.
After subsection (1) insert—
In section 92 of the 1981 Act (tenure of offices in Senior Courts)—
in subsection (2) (offices with retirement age of 70, but with possibility of extensions to not beyond 75), omit “except the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals”,
omit subsections (2D) and (2E) (retirement age of 62 for that office), and
in subsection (4) (offices to which subsection (1), (2A) or (2D) applies to be held during good behaviour), for “to which subsection (1), (2A) or (2D) applies” substitute “ listed in column 1 of Part 1 or 2 of Schedule 2 ”.
In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement), after the entry relating to a Deputy or temporary Master, Queen’s Bench Division, insert— “Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals ”.
In section 36 of the Courts-Martial (Appeals) Act 1968 (c. 20) (powers of the Appeal Court under Part 2 of that Act exercisable by single judge), in subsection (1), after paragraph (g) insert—, and at the end of paragraph (f), omit “and”.
In section 36A of that Act (powers of the Appeal Court under Part 2 of that Act exercisable by registrar), in subsection (1), at the end of paragraph (b) insert, and at the end of paragraph (a), omit “and”.
After section 36A of that Act insert—
Sections 36B to 36C of that Act apply to—
applications for leave to appeal falling to be determined on or after the date on which this section comes into force, and
appeals in relation to which leave to appeal is granted on or after that date.
Amend section 40 of the Courts-Martial (Appeals) Act 1968 (c. 20) (applications for leave to appeal to Supreme Court) as follows.
In subsection (1)—
for “fourteen” (in both places) substitute “ 28 ”, and
for “date of the decision of the Appeal Court” substitute “ relevant date ”.
After subsection (1) insert—
Fees and costs
The Lord Chancellor may with the consent of the Treasury by order prescribe fees payable in respect of anything dealt with by—
the Senior Courts,
the family court,
the county court, and
magistrates' courts.
An order under this section may, in particular, contain provision as to—
scales or rates of fees;
exemptions from or reductions in fees;
remission of fees in whole or in part.
When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied.
The Lord Chancellor may not under this section prescribe fees which he or another authority has power to prescribe apart from this section.
Before making an order under this section, the Lord Chancellor must consult—
the Lord Chief Justice;
the Master of the Rolls;
the President of the Queen's Bench Division;
the President of the Family Division;
the Chancellor of the High Court;
the Head of Civil Justice;
the Deputy Head of Civil Justice (if there is one).
Before making an order under this section in relation to civil proceedings, the Lord Chancellor must consult the Civil Justice Council.
The Lord Chancellor must take such steps as are reasonably practicable to bring information about fees to the attention of persons likely to have to pay them.
Fees payable under this section are recoverable summarily as a civil debt.
Subsection (10) applies in relation to an authority which has power to prescribe fees payable in any of the courts referred to in subsection (1).
Nothing in this section prevents the authority from applying to any extent provisions contained in an order made under this section; and an instrument made in exercise of the power is to be read (unless the contrary intention appears) as applying those provisions as amended from time to time.
After section 19A of the Prosecution of Offences Act 1985 (c. 23) insert—
Amend the Proceeds of Crime Act 2002 (c. 29) as follows.
In section 89 (procedure on appeal to the Court of Appeal), after subsection (3) insert—
Subsection (2) applies in relation to proceedings on appeals in respect of offences committed or alleged to have been committed on or after 24th March 2003.
In section 91 (Crown Court Rules) after “Crown Court Rules” insert “ or (as the case may be) Criminal Appeal Rules ”.
Fines
Amend section 20A of the Criminal Justice Act 1991 (c. 53) (false statements as to financial circumstances) as follows.
After subsection (1) insert—
In subsection (2)(b), after “may impose” insert “ and how it should be paid ”.
In section 128(5) of the 2000 Act (fixing of fines: power of court to make determination of financial circumstances where offender has failed to co-operate with court etc.), in paragraph (b) before sub-paragraph (i) insert—.
“The 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
Amend section 24 of the Criminal Justice Act 1991 (power to make regulations about recovery of fines etc. by deductions from income support) as follows.
In subsection (2), after paragraph (a) insert—.
After subsection (2) insert—
Schedule 5 contains provisions about the collection of fines.
Schedule 6 contains provisions about the discharge of fines by means of unpaid work.
Subsections (4) to (9) apply in relation to each of those Schedules.
The Schedule is to have effect only in accordance with—
subsections (5) and (6) (pilot schemes), or
subsections (7) to (9) (power to make pilot schemes, or modified versions of pilot schemes, permanent after completion of pilots).
The Lord Chancellor may by order provide that the Schedule is to have effect in relation to the local justice area or areas specified in the order for the period specified in the order.
An order under subsection (5) may make provision modifying the Schedule, or any enactment in connection with the operation of the Schedule, in relation to the specified local justice area or areas and the specified period.
The Lord Chancellor may, at the end of the relevant period, by order provide that the Schedule is to have effect—
in all local justice areas, and
indefinitely.
“The relevant period” means—
if one order has been made under subsection (5) in relation to the Schedule, the period specified in the order;
if more than one order has been made under subsection (5) in relation to the Schedule, the period which, out of the periods so specified, ends at the latest date.
An order under subsection (7) may make such amendments of—as appear to the Lord Chancellor appropriate in the light of the operation of the Schedule in accordance with the order made under subsection (5) (pilot schemes).
the Schedule, and
any other enactments,
Register of judgments etc. and execution of writs
A register is to be kept, in accordance with regulations, of—
judgments entered in the High Court;
judgments entered in the county court;
administration orders made under section 112 of the County Courts Act 1984 (c. 28) (power of county court to make administration orders);
orders restricting enforcement made under section 112A of that Act (power of county court to restrict enforcement of debts in lieu of administration order);
sums which are, for the purposes of the 1980 Act, sums adjudged to be paid by a conviction or order of a magistrates' court.
a decision or award of—in pursuance of which any sum is payable.
the First-tier Tribunal,
the Upper Tribunal,
an employment tribunal, or
the Employment Appeal Tribunal,
“Regulations” means regulations made by the Lord Chancellor for the purposes of this section.
The regulations may—
provide for prescribed classes of judgments, orders, decisions, awards or adjudged sums to be exempt from registration;
prescribe circumstances in which judgments, orders, decisions, awards or adjudged sums (or classes of them) are to be exempt from registration;
prescribe circumstances in which an entry in the register is to be cancelled;
in the case of sums adjudged to be paid by conviction of a magistrates' court or in the case of sums payable in pursuance of decisions or awards of a tribunal mentioned in subsection (1)(f), provide for sums to be registered only in prescribed circumstances or subject to prescribed conditions.
The Lord Chancellor may fix charges to be made for—
making information in an entry in the register available for inspection;
carrying out an official search of the register;
supplying a certified copy of information in an entry in the register.
The proceeds of those charges are to be applied in paying the expenses incurred in maintaining the register; and any surplus is to be paid into the Consolidated Fund.
If there is in force an agreement between the Lord Chancellor and a body corporate relating to the keeping by that body corporate of the register the register is to be kept by that body corporate.
If, under subsection (6), the register is kept by a body corporate—
the Lord Chancellor may recover from the body corporate any expenses incurred by the Lord Chancellor in connection with the supply of information to that body for the purposes of the register,
subsection (4) applies as if it enabled the Lord Chancellor to fix the maximum charges to be made (instead of the charges to be made), and
subsection (5) does not apply.
If subsection (6) ceases to apply to a body corporate as a result of the termination (for any reason) of the agreement, the Lord Chancellor may require the information contained in the entries in the register to be transferred to such person as he may direct.
Schedule 7 contains provisions about High Court writs of execution and about warrants issued in connection with the compulsory acquisition of land .
Any rule of law requiring a writ of execution issued from the High Court to be directed to a sheriff is abolished.
Damages
For section 2 of the Damages Act 1996 (c. 48) (periodical payments by consent) substitute—
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In this section—
subsection (1) shall extend only to England and Wales and Northern Ireland, and
the remainder shall extend to the whole of the United Kingdom.
“bankrupt” has the meaning given by section 381 of the Insolvency Act 1986 or Article 9 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)),“income payments agreement” means an agreement under section 310A of that Act or equivalent legislation for Northern Ireland,“income payments order” means an order under section 310 of that Act or equivalent legislation for Northern Ireland, and“periodical payments” means periodical payments awarded or agreed, or in so far as awarded or agreed, as damages for future pecuniary loss by—an order of a court made in reliance on section 2 of the Damages Act 1996 (including an order as varied), or an agreement settling a claim or action for damages in respect of personal injury (including an agreement as varied).
In section 6(1) of the Damages Act 1996 (c. 48) (guarantee for public sector settlement) for the words “on terms corresponding to those of a structured settlement as defined in section 5 above except that the person to whom the payments are to be made is not to receive them as mentioned in subsection (1)(b) of that section” substitute “ on terms whereby the damages are to consist wholly or partly of periodical payments ”.
In paragraph 1(a) of the Schedule to that Act (guarantee by Northern Ireland Department for public sector settlement) for the words “on terms corresponding to those of a structured settlement as defined in section 5 of this Act except that the person to whom the payments are to be made is not to receive them as mentioned in subsection (1)(b) of that section” substitute “ on terms whereby the damages are to consist wholly or partly of periodical payments ”.
Where an individual who has a right to receive periodical payments becomes bankrupt—
the payments shall be treated for the purposes of the bankruptcy as income of the bankrupt (but without prejudice to section 731 of the Income Tax (Trading and Other Income) Act 2005(c. 1)),
neither the right to receive periodical payments, nor any property or arrangement designed to protect continuity of the periodical payments, shall form part of the bankrupt’s estate for the purposes of the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)),
an income payments order may not be made in respect of any part of the periodical payments identified (in the order or agreement under which the payments are made) as relating wholly to expenditure likely to be incurred by or for the individual as a result of the personal injury concerned,
nothing in section 2 of the Damages Act 1996 (c. 48) shall prevent a court from making an income payments order (subject to paragraph (c)), and
nothing in section 2 of that Act shall prevent entry into an income payments agreement.
In subsection (4)—
In this section—
subsections (1) to (3) shall extend to the whole of the United Kingdom, and
subsections (4) and (5) shall extend only to England and Wales and Northern Ireland.
Provisions relating to Northern Ireland
County court judge Deputy judge of the county court Deputy resident magistrate District Judge Judge of the Court of Appeal Lord Chief Justice Master (Bankruptcy) Master (Care and Protection) Master (Chancery) Master (Enforcement of Judgments) Master (High Court) Master (Probate and Matrimonial) Master (Queen’s Bench and Appeals) Master (Taxing Office) Presiding judge for the county courts Presiding resident magistrate Puisne judge of the High Court. Resident magistrate
The Lord Chancellor may by order—
alter the name of any of the offices of the Court of Judicature of Northern Ireland or of the county courts or magistrates' courts in Northern Ireland which are listed in subsection (2);
provide for or alter the way in which the holders of any of those offices are to be styled.
The offices are—
The Lord Chancellor may also by order provide for or alter the way in which deputies or temporary additional officers appointed under section 74(1) of the 1978 Act are to be styled.
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An order under this section may make such provision as the Lord Chancellor considers necessary in consequence of any provision made under subsection (1) or (3).
The provision that may be made under subsection (5) includes provision amending, repealing or revoking any enactment.
The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.
The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (6A)—
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
a Lord Justice of Appeal (as defined in section 88 of that Act).
The power to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
An order under this section is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
“The 1978 Act” means the Judicature (Northern Ireland) Act 1978 (c. 23).
In Schedule 3 to the 1978 Act (statutory offices) the entry relating to the Official Solicitor ceases to have effect.
Amend section 75 of the 1978 Act (Official Solicitor) as follows.
For subsection (1) substitute—
After subsection (5) insert—
In section 68 of the 1978 Act (Senior Courts: departments)—
in subsection (2)(b) for “statutory officer” substitute “ officer ”, and
for subsection (4) substitute—
In section 73 of the 1978 Act (restrictions on practice) subsection (2) (and the words “Subject to subsection (2),”) cease to have effect.
In section 76 of the 1978 Act (property) paragraph (c) (which referred to the Official Solicitor and which ceased to have effect by virtue of the Supreme Court (Departments and Officers) (Northern Ireland) Order 1982 (S.R. 1982/ 300)) shall again have effect.
Nothing in this section has any effect in relation to the person who on the commencement of this section holds the office in Northern Ireland of Official Solicitor to the Court of Judicature.
An application under section 48(3) of the 1978 Act (application for variation of place fixed for Crown Court trial) is no longer required to be heard in open court; and accordingly section 48(4) of the 1978 Act ceases to have effect.
Amend paragraph 1 of Schedule 1 to the 1978 Act (applications for leave to appeal to House of Lords in certain criminal matters) as follows.
In sub-paragraph (1)—
for “fourteen” (in both places) substitute “ 28 ”, and
for “date of the decision of that court” substitute “ relevant date ”.
After sub-paragraph (1) insert—
Amend section 32 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (applications for leave to appeal to the House of Lords) as follows.
In subsection (1)—
for “fourteen” (in both places) substitute “ 28 ”, and
for “date of the decision of the Court” substitute “ relevant date ”.
After subsection (1) insert—
In section 116 of the 1978 Act (fees) after subsection (1) insert—
Final provisions
“the 1933 Act” means the Children and Young Persons Act 1933 (c. 12);“the 1968 Act” means the Criminal Appeal Act 1968 (c. 19);“the 1978 Act” means the Judicature (Northern Ireland) Act 1978 (c. 23);“the 1980 Act” means the Magistrates' Courts Act 1980 (c. 43);“the 1981 Act” means the Senior Courts Act 1981(c. 54);“the 1990 Act” means the Courts and Legal Services Act 1990 (c. 41);“the 1997 Act” means the Civil Procedure Act 1997 (c. 12).“5 year magistrates' court qualification”;“7 year general qualification”;“Senior Courts qualification”.
In this Act—
In this Act the following have the meaning given by section 71 of the 1990 Act—
In this Act “criminal court” has the meaning given by section 68.
In this Act “judge”, except where the context otherwise requires, means a person holding an office listed in subsection (2) of section 64 (power to alter judicial titles).
In this Act “lay justice” has the meaning given by section 9.
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In this Act “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26).
In this Act “enactment” includes subordinate legislation and, except where otherwise provided, any reference to an enactment is to an enactment whenever passed or made; and “subordinate legislation” here has the same meaning as in the Interpretation Act 1978 (c. 30).
Any power of the Lord Chancellor or Lord Chief Justice to make rules, regulations or orders under this Act is exercisable by statutory instrument.
None of the orders and regulations mentioned in subsection (3) may be made unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.
The orders and regulations are—
the first order to be made under section 4 (areas of courts boards);
an order under—which contains any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act;
section 109 (power to make consequential provision etc.),
regulations under section 85A(8)(provision about directions for remote observation of court and tribunal proceedings);
regulations under Schedule 1;
regulations under Schedule 6 relating to the prescribed hourly sum.
A statutory instrument containing—is to be laid before Parliament after being made.
the first order to be made under section 8 (local justice areas), or
regulations under section 40 (payments, accounting and banking by designated officers),
Any other statutory instrument, apart from one containing an order under section 110 (commencement), is subject to annulment in pursuance of a resolution of either House of Parliament.
Any power of the Lord Chancellor or Lord Chief Justice to make rules, regulations or orders under this Act includes power to make—which he considers necessary or expedient.
any supplementary, incidental or consequential provision, and
any transitory, transitional or saving provision,
Nothing in this section applies to—
rules made under Part 7 (Criminal Procedure and Family Procedure Rules), or
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Schedule 8 contains minor and consequential amendments.
Schedule 9 contains transitional provisions and savings.
Schedule 10 contains repeals.
The Lord Chancellor may by order make—which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.
any supplementary, incidental or consequential provision, and
any transitory, transitional or saving provision,
The following paragraphs apply to the making of provision that relates to England and Wales in an order under subsection (4)—
before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of England and Wales;
before making the order, the Lord Chancellor must consult the Lord Chief Justice of England and Wales.
The following paragraphs apply to the making of provision that relates to Northern Ireland in an order under subsection (4)—
before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland;
before making the order, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland.
An order under subsection (4) may, in particular—
provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and
amend, repeal or revoke any enactment other than one contained in an Act passed in a Session after that in which this Act is passed.
The amendments that may be made under subsection (5)(b) are in addition to those made by or under any other provision of this Act.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
a Lord Justice of Appeal (as defined in section 88 of that Act).
Any order made by the Department of Justice in Northern Ireland under subsection (4) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
No order containing any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act may be made by the Department of Justice in Northern Ireland under subsection (4) unless a draft has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (10) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
Any other order made by the Department of Justice under subsection (4) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
Subject to subsection (2), this Act comes into force in accordance with provision made by order by the Lord Chancellor.
An order under this section may appoint different days for different provisions and different purposes.
Subject to subsections (2) and (3) and to section 27(13) of the Crime and Courts Act 2013 (extent of paragraphs 9A, 9C and 10 of Schedule 5) and Article 1(3) of the Collection of Fines etc.(Northern Ireland Consequential Amendments) Order 2016 (extent of Part 3B of Schedule 5), this Act extends only to England and Wales.
This Act may be cited as the Courts Act 2003.
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Abolition of magistrates' courts committees: transfers
Property transfer schemes
Property transfer schemes: general
The Lord Chancellor may make a scheme or schemes for the transfer to him or another Minister of the Crown of any property, rights or liabilities—
to which magistrates' courts committees are entitled or subject immediately before the appointed day, or
to which any of the persons specified in sub-paragraph (2) is entitled or subject immediately before the appointed day and which then subsist for the purposes of, or in connection with, or are otherwise attributable to, magistrates' courts.
The persons are—
an authority which is a responsible authority for the purposes of the Justices of the Peace Act 1997;
the Receiver for the Metropolitan Police District;
the council of an outer London borough;
the Common Council of the City of London;
a police authority established under section 3 of the Police Act 1996;
a local probation board;
any other body which acts under any enactment or instrument for public purposes and not for its own profit.
Without prejudice to the generality of paragraph (b) of sub-paragraph (1), any property, rights or liabilities are to be treated as falling within that paragraph if the Lord Chancellor issues a certificate to that effect.
In this Schedule “property transfer scheme” means a scheme under sub-paragraph (1).
In this Part of this Schedule “the appointed day” means—
in the case of the transfer of property, rights or liabilities to which magistrates' courts committees are entitled or subject, the day immediately before the abolition day;
in any other case, the day specified in the scheme.
On the day which is the appointed day in relation to property, rights or liabilities to which provisions of a property transfer scheme apply, the property, rights and liabilities are transferred and vest in accordance with those provisions.
Property transfer schemes and terminated contracts of employment
A property transfer scheme may not transfer rights or liabilities under a contract of employment, except where the rights or liabilities—
are those to which a magistrates' courts committee is entitled or subject, and
relate to a person whose contract of employment was terminated before the appointed day.
Property transfer schemes: supplementary
A property transfer scheme may provide for the creation of rights, or the imposition of liabilities, in relation to property transferred by the scheme.
A property transfer scheme may provide for the apportionment or division of any property, rights or liabilities.
A property transfer scheme may—
specify property, rights or liabilities to be transferred under or in accordance with the scheme, or
provide for property, rights or liabilities to be transferred to be determined in accordance with the scheme.
A property transfer scheme has effect in relation to the property, rights and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of any of the property, rights and liabilities.
A right of pre-emption, right of reverter or other similar right is not to operate or become exercisable as a result of a transfer under a property transfer scheme.
In the case of such a transfer, any such right has effect as if the transferee were the same person in law as the transferor and as if the transfer had not taken place.
Such compensation as is just is to be paid to a third party in respect of any right which would, apart from paragraph 4, have operated in favour of, or become exercisable by, him but which, in consequence of the operation of that paragraph, cannot subsequently operate in his favour or become exercisable by him.
Any compensation payable by virtue of sub-paragraph (1) is to be paid by the transferor, by the transferee or by both.
A property transfer scheme may provide for the determination of any disputes as to—
whether, and (if so) how much, compensation is payable by virtue of sub-paragraph (1), and
the person to whom or by whom it is to be paid.
“Third party” means a person other than the transferor or the transferee.
Paragraphs 4 and 5 apply in relation to the creation of rights in relation to property as they apply in relation to a transfer of property; and references to the transferor and the transferee are to be read accordingly.
A certificate issued by the Lord Chancellor that any property, rights or liabilities have, or have not, been transferred under or in accordance with a property transfer scheme is conclusive evidence of the transfer, or of the fact that there has not been a transfer.
Stamp duty
Stamp duty is not chargeable in respect of a transfer or grant effected under or in accordance with a property transfer scheme.
No instrument made or executed for the purposes of such a transfer or grant is to be treated as duly stamped unless—
it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped, or
it is stamped with the duty to which it would be liable, apart from this paragraph.
Supplementary provisions in property transfer scheme
A property transfer scheme may make such supplemental, consequential or transitional provision for the purposes of, or in connection with, a transfer made by the scheme as the Lord Chancellor considers appropriate.
Staff transfers
Interpretation
In this Part of this Schedule—
“TUPE” means the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794),
“the appointed day” means the day immediately before the abolition day,
references to a responsible authority are to an authority which is a responsible authority under the Justices of the Peace Act 1997,
references to a responsible authority’s relevant functions are to its functions under that Act, and
references to a transferred employee are to an employee transferred to the Lord Chancellor’s employment by virtue of paragraph 11 or 12.
Application of TUPE
For the purposes of TUPE—
the functions of each magistrates' courts committee are to be treated as transferred on the appointed day from the committee to the Lord Chancellor, and
each such transfer is to be treated as the transfer of an undertaking.
For the purposes of TUPE—
the relevant functions of each responsible authority are to be treated as transferred on the appointed day from the authority to the Lord Chancellor,
each such transfer is to be treated as the transfer of an undertaking, and
each person falling within sub-paragraph (2) (but no other person) is to be treated as employed in the undertaking immediately before the appointed day.
A person falls within this sub-paragraph if—
immediately before the appointed day he is employed by the responsible authority under a contract of employment,
he spends a substantial part of his time on duties connected with the relevant functions of the authority, and
the Lord Chancellor certifies that in his opinion it is expedient that the person be transferred to the Lord Chancellor’s employment.
Where TUPE applies by virtue of this paragraph, it applies as if regulation 5(4B) were omitted.
A reference in any enactment to a person appointed under section 2(1) includes a transferred employee.
Restrictions on employment of aliens not to apply to transferred employees
Nothing in—applies to the employment of a transferred employee by the Lord Chancellor following his transfer by virtue of paragraph 11 or 12.
section 3 of the Act of Settlement,
section 6 of the Aliens Restriction (Amendment) Act 1919, or
any rules prescribing requirements as to nationality which must be satisfied in the case of persons employed in a civil capacity under the Crown,
Compensation for responsible authorities
The Lord Chancellor may, to the extent he thinks fit, compensate a responsible authority in respect of costs incurred by the authority as a result of this Act in respect of a person who—but who is not transferred to the Lord Chancellor’s employment by virtue of paragraph 12.
immediately before the appointed day is employed by the authority under a contract of employment, and
spends part of his time on duties connected with the relevant functions of the authority,
Miscellaneous and supplementary
Continuing provision of court-houses, accommodation etc.
The Lord Chancellor may by regulations provide that any petty sessional court-house or other accommodation specified in the regulations which immediately before the abolition day was being provided by—pursuant to regulations made under paragraph 35 of Schedule 14 to the Access to Justice Act 1999 shall on and after that day be provided by that council to the Lord Chancellor for the performance of his functions under section 3.
the council of an outer London borough, or
the Common Council of the City of London,
Regulations under sub-paragraph (1) may—
prescribe terms and conditions, including conditions as to payment, on which any court-house or other accommodation is to be provided, and
prohibit a council providing a court-house or other accommodation under sub-paragraph (1) from altering or extending it without the consent of the Lord Chancellor.
Assistance
It is the duty of each magistrates' courts committee, and each person falling within paragraph 1(2) to provide the Lord Chancellor with such information or assistance as he may reasonably require for the purposes of, or in connection with—
the exercise of any powers exercisable by him in relation to a property transfer scheme, or
Part 2 of this Schedule.
Pre-trial hearings in magistrates' courts
After section 8 of the 1980 Act, insert—
Further provision about the inspectors of court administration
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Further functions conferred on District Judges (Magistrates' Courts)
Criminal Justice Act 1967 (c. 80)
In section 9(5) (requirement for author of written statement to give evidence in person), for “by a puisne judge of the High Court, a Circuit judge or Recorder sitting alone” substitute
Taxes Management Act 1970 (c. 9)
In—after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.
section 20D(1)(a) (meaning of “the appropriate judicial authority” in relation to England and Wales), and
paragraph 9(2)(a) of Schedule 1AA (sanction for failure to comply with order under section 20BA),
Juries Act 1974 (c. 23)
In section 9B, for subsection (3) (meaning of “the judge” for purposes of discharge of person incapable of acting effectively as juror) substitute—
In section 10 (discharge of summons in case of doubt as to capacity to act effectively as juror) omit “and for this purpose “the judge” means any judge of the High Court or any Circuit judge or Recorder”.
Police and Criminal Evidence Act 1984 (c. 60)
In section 9(2A) (application of enactments relating to execution of process in Scotland or Northern Ireland to processes issued by a Circuit judge under Schedule 1 to 1984 Act), for “circuit judge” substitute “ judge ”.
In Schedule 1 (applications for access to excluded or special procedure material) for “circuit judge”, in each place, substitute “ judge ”.
After paragraph 16 insert—
Computer Misuse Act 1990 (c. 18)
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Data Protection Act 1998 (c. 29)
In Schedule 9 (powers of entry and inspection) in paragraph 1(1) after “circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.
Terrorism Act 2000 (c. 11)
In Schedule 5 (terrorist investigations: information)—
in paragraphs 5(1) and (5), 6(1), 10(1), 11(1), 12(1) and (2) and 13(1), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”, and
in paragraphs 5(4)(a) and 7(1)(b), after “Circuit judge” insert “ or the District Judge (Magistrates' Courts) ”.
In Schedule 6 (financial information), in paragraph 3(a), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.
In Schedule 6A (account monitoring orders), in paragraph 1(2)(a), for “a Circuit judge,” substitute “ a Circuit judge or a District Judge (Magistrates' Courts), ”.
Regulation of Investigatory Powers Act 2000 (c. 23)
In Schedule 2 (persons who have the appropriate permission), in paragraph 1(1)(a), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.
Freedom of Information Act 2000 (c. 36)
In Schedule 3 (powers of entry and inspection), in paragraph 1(1), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.
International Criminal Court Act 2001 (c. 17)
In Schedule 5 (investigation of proceeds of ICC crime) in paragraphs 1(1) and 8 for “a Circuit judge or, in Northern Ireland, a county court judge” substitute.
Armed Forces Act 2001 (c. 19)
In section 6(2)(a) (applications for access to excluded or special procedure material), for “circuit judges” substitute “ judges ”.
Collection of fines AND OTHER SUMS IMPOSED ON CONVICTION
Introductory
Application of Schedule
This Schedule, apart from Part 3B, applies if a person aged 18 or over (“P”) is liable to pay a sum which is or is treated for the purposes of Part 3 of the 1980 Act as a sum adjudged to be paid by a conviction of a magistrates' court.
Part 3B applies in a case where Chapter 1 of Part 1 of the Justice Act (Northern Ireland) 2016 (collection of fines etc.) applies.
A sum payable under a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) is not to be regarded as a sum within sub-paragraph (1); but this Schedule applies in relation to such sums as provided in paragraphs 10A, 21(2), 25(2), 29(2) and 37(1A).
For the purposes of this Schedule as it applies as mentioned in paragraph 1(2), “the fines officer” means any fines officer.
Meaning of “the sum due” etc
a “fine” does not include any pecuniary forfeiture or pecuniary compensation payable on conviction; and“a sum required to be paid by a compensation order” means any sum required to be paid by an order made under section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ;...“a sum required to be paid by an unlawful profit order” means any sum required to be paid by an order made under section 4 of the Prevention of Social Housing Fraud Act 2013“a sum required to be paid by a slavery and trafficking reparation order” means any sum required to be paid by an order made under section 8 of the Modern Slavery Act 2015.
In this Schedule “the sum due” means the sum adjudged to be paid as mentioned in paragraph 1(1), or (in a case where this Schedule applies as mentioned in paragraph 1(2)) the sum payable under a notice of conviction and penalty.
For the purposes of this Schedule—
Meaning of “existing defaulter” etc.
For the purposes of this Schedule, P is an existing defaulter if it is shown that—
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the sum due or any other sum is registered for enforcement against him as a fine under—
section 71 of the Road Traffic Offenders Act 1988,
section 9 of the Criminal Justice and Police Act 2001, or
any other enactment specified in fines collection regulations,
he is in default on a collection order in respect of another sum falling within paragraph 1(1),
he is in default in payment of another sum falling within paragraph 1(1) but in respect of which no collection order has been made , or
the person is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).
For the purposes of this Schedule, P’s existing default can be disregarded only if he shows that there was an adequate reason for it.
Sub-paragraph (2) is subject to sub-paragraph (4).
Where a sum is registered for enforcement against P as mentioned in sub-paragraph (1)(b), P’s existing default is not one which can be disregarded for the purposes of the following provisions of this Schedule.
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“Collection order” means an order made under Part 4 of this Schedule.
Immediate payment of fines: discounts
Application of Part
This Part applies if the court which is imposing the liability to pay the sum due concludes—
that P should be required to pay the sum due immediately, and
that he is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
Court’s duty in relation to discount
The court must make an order—
stating its conclusions on the matters referred to in paragraph 4(b),
stating the amount of the sum due, the amount of the fine and the amount of any other part of the sum due, and
informing P of the effect of paragraph 6.
The discount
P is allowed a discount on the fine if the sum due, less the amount of the discount, is paid in accordance with the terms of the order.
The amount of the discount is to be determined in accordance with fines collection regulations, but must not be greater than 50% of the fine.
The discount is given effect by extinguishing P’s liability to pay the part of the sum due that is equal to the amount of the discount.
Attachment of earnings orders and applications for benefit deductions
Application of Part
This Part does not apply where the court is hearing P's case following an appeal under paragraph 23, 32 or, 37(9) or 37A(4).
In the following provisions of this Part, “the relevant court” means—
the court which is imposing the liability to pay the sum due, or
. . . the magistrates' court responsible for enforcing payment of the sum due.
For the purposes of this Schedule—is an order or application to secure the payment of the whole of the sum due.
an attachment of earnings order, or
an application for benefit deductions,
Attachment of earnings order or application for benefit deductions where P is liable to pay compensation
This paragraph applies if the sum due consists of or includes a sum required to be paid by a compensation order, an unlawful profit order or a slavery and trafficking reparation order.
The relevant court must make an attachment of earnings order if it appears to the court—
that P is in employment, and
that it is not impracticable or inappropriate to make the order.
The relevant court must make an application for benefit deductions if it appears to the court—
that P is entitled to a relevant benefit, and
that it is not impracticable or inappropriate to make the application.
If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.
Attachment of earnings order or application for benefit deductions without P’s consent
This paragraph applies if—
paragraph 7A does not apply, and
the relevant court concludes that P is an existing defaulter and that his existing default (or defaults) cannot be disregarded.
The court must make an attachment of earnings order if it appears to the court—
that P is in employment, and
that it is not impracticable or inappropriate to make the order.
The court must make an application for benefit deductions if it appears to the court—
that P is entitled to a relevant benefit, and
that it is not impracticable or inappropriate to make the application.
If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.
Attachment of earnings order or application for benefit deductions with P’s consent
This paragraph applies if—
paragraph 7A does not apply, and
the relevant court concludes that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
The court may make—if P consents.
an attachment of earnings order, or
an application for benefit deductions,
Disclosure of information, and meaning of "relevant benefit" etc
Disclosure of information in connection with making of attachment of earnings order or application for benefit deductions
The Secretary of State or a Northern Ireland department, or a person providing services to the Secretary of State or a Northern Ireland department, may disclose social security information to a relevant person.
Her Majesty's Revenue and Customs, or a person providing services to the Commissioners for Her Majesty's Revenue and Customs, may disclose finances information to a relevant person.
The disclosure authorised by sub-paragraph (1) or (1A) is disclosure of the information concerned for the purpose of facilitating the making, by the relevant court or a fines officer, of any of the following—
a decision as to whether to make an attachment of earnings order in respect of P,
a decision as to whether to make an application for benefit deductions in respect of P, and
such an order or application.
In this paragraph—“finances information” means information which—is about a person's income, gains or capital, and is held—by Her Majesty's Revenue and Customs, or by a person providing services to the Commissioners for Her Majesty's Revenue and Customs in connection with the provision of those services, or information which is held with information so held;“social security information” means information which is held for the purposes of functions relating to social security—by the Secretary of State or a Northern Ireland Department, or by a person providing services to the Secretary of State, or a Northern Ireland Department, in connection with the provision of those services, or information which is held with information so held.
The reference in sub-paragraph (2) to functions relating to social security includes a reference to functions relating to any of the matters listed in section 127(8) of the Welfare Reform Act 2012 (statutory payments and maternity allowances).
Restrictions on disclosure
A person to whom information is disclosed under paragraph 9A, or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making, by the relevant court or a fines officer, of such a decision, order or application as is mentioned in paragraph 9A(1B).
A person to whom such information is disclosed commits an offence if the person—
discloses or uses the information, and
the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision, order or application as is mentioned in paragraph 9A(1B).
But it is not an offence under sub-paragraph (2)—
to disclose any information in accordance with any enactment or order of a court or of a tribunal established by or under an Act or for the purposes of any proceedings before a court; or
to disclose or use—
any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or
any information which has previously been lawfully disclosed to the public.
It is a defence for a person charged with an offence under sub-paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.
A person guilty of an offence under sub-paragraph (2) is liable—
on conviction on indictment—
to imprisonment for a term not exceeding 2 years, or
to a fine, or
to both;
on summary conviction—
to imprisonment for a term not exceeding the general limit in a magistrates’ court, or
to a fine not exceeding the statutory maximum, or
to both.
Sub-paragraph (5)(b) applies in relation to offences committed before 2 May 2022(general limit on power of magistrates' courts to impose imprisonment) as if the reference to the general limit in a magistrates’ court were a reference to 6 months.
A prosecution for an offence under sub-paragraph (2) may be instituted only by or with the consent of the Director of Public Prosecutions.
Paragraphs 9A and 9B: supplementary
Sub-paragraphs (3) and (3A) apply for the purposes of paragraphs 9A and 9B.
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“Information” means information held in any form.
Relevant court” has the same meaning as in Part 3 of this Schedule.
In paragraphs 9A and 10 (as in the provisions of this Schedule which extend to England and Wales only)—“fines officer” has the meaning given by section 36;“P” has the meaning given by paragraph 1.
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Nothing in paragraph 9A or 9B authorises the making of a disclosure which contravenes the data protection legislation.
In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
Meaning of “relevant benefit” and “application for benefit deductions”
In this Schedule—
“relevant benefit” means a benefit from which the Secretary of State may make deductions by virtue of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from universal credit and income support etc.), and
“application for benefit deductions”, in relation to a relevant benefit, means an application to the Secretary of State asking him to deduct sums from any amounts payable to P by way of the benefit.
Application of this Part to person with automatic online conviction
This Part of this Schedule applies to a person who has been given a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) as it applies to P.
JUSTICE ACT (NORTHERN IRELAND) 2016: INFORMATION SHARING
Attachment of earnings orders: disclosure of information
Her Majesty’s Revenue and Customs, or a person providing services to the Commissioners for Her Majesty’s Revenue and Customs, may disclose finances information to a court in Northern Ireland or a collection officer for the purpose of—
facilitating a decision by the court or officer whether or not to make an attachment of earnings order, or
facilitating the making of an attachment of earnings order by the court or officer.
In sub-paragraph (1), “finances information” means information—
which is about a person’s income, gains or capital and is held by—
Her Majesty’s Revenue and Customs, or
a person providing services to the Commissioners for Her Majesty’s Revenue and Customs in connection with the provision of those services, or
which is held with information of the description given in paragraph (a).
A person to whom information is disclosed under this paragraph commits an offence if the person—
discloses the information to another person, or
uses the information for a purpose other than a purpose referred to in sub-paragraph (1).
It is not an offence under sub-paragraph (3)—
to disclose any information in accordance with a statutory provision or an order of a court or of a tribunal established by or under a statutory provision or for the purposes of any proceedings before a court,
to disclose or use any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or
to disclose or use any information which has previously been lawfully disclosed to the public.
It is a defence for a person charged with an offence under sub-paragraph (3) to prove that the person reasonably believed that the disclosure or use was lawful.
A person guilty of an offence under sub-paragraph (3) is liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both.
Nothing in this paragraph authorises the making of a disclosure which contravenes the data protection legislation.
In this paragraph—“attachment of earnings order” and “collection officer” each have the same meaning as in Chapter 1 of Part 1 of the Justice Act (Northern Ireland) 2016 (see section 27(1) of that Act);“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);“information” means information held in any form;“statutory provision” has the same meaning as in the Interpretation Act (Northern Ireland) 1954 (see section 1(f) of that Act).
Making of collection orders
Application of Part
This Part applies whether or not the relevant court has made an attachment of earnings order or an application for benefit deductions under Part 3 of this Schedule.
In this Part “the relevant court” has the same meaning as in Part 3 of this Schedule.
Court’s power to make a collection order
The relevant court must make an order (“a collection order”) relating to the payment of the sum due, unless it appears to the court that it is impracticable or inappropriate to make the order.
If P is subject to a collection order, the powers of any court to deal with P’s liability to pay the sum due are subject to the provisions of this Schedule and to fines collection regulations.
Contents of collection orders: general
The collection order must—
state the amount of the sum due,
where that sum consists of or includes a fine, a sum required to be paid by a compensation order, a sum required to be paid by an unlawful profit order or a sum required to be paid by a slavery and trafficking reparation order, state—
the amount of the fine, the amount required to be paid by the compensation order, the amount required to be paid by the unlawful profit order or the amount required to be paid by the slavery and trafficking reparation order(or, where that sum consists of or includes two or more of those amounts, each of those amounts),
the amount of any other part of the sum due,
state the court’s conclusions as to whether P is an existing defaulter and if so whether the existing default (or defaults) can be disregarded,
if the court has made an attachment of earnings order or an application for benefit deductions, state that fact,
specify the fines office to which the order is allocated, and
contain information about the effect of the order.
In this Schedule “the fines officer”, in relation to P and a collection order, means any fines officer working at the fines office specified in the collection order.
Contents of collection orders: no attachment of earnings order etc. made
If the relevant court has not under Part 3 made an attachment of earnings order or an application for benefit deductions, the collection order must state the payment terms.
“The payment terms” means—
a term requiring P to pay the sum due within a specified period, or
terms requiring P to pay the sum due by instalments of specified amounts on or before specified dates.
Contents of collection orders: attachment of earnings order etc. made
If the court has under Part 3 of this Schedule made an attachment of earnings order or an application for benefit deductions, the collection order must state the reserve terms.
“The reserve terms” means terms of a description mentioned in paragraph 14(2) but which (subject to paragraphs 31, 32 . . . and 39) are to have effect if the attachment of earnings order or application for benefit deductions fails.
When an attachment of earnings order fails
For the purposes of this Schedule, an attachment of earnings order fails if—
P’s employer fails to comply with the order, or
the order is discharged at a time when P remains liable to pay any part of the sum due.
When an application for benefit deductions fails
For the purposes of this Schedule, an application for benefit deductions fails if—
the application is withdrawn,
the Secretary of State decides not to make deductions,
an appeal against a decision of the Secretary of State to make deductions succeeds, or
the Secretary of State ceases to make deductions at a time when P remains liable to pay any part of the sum due.
Discount where collection order made
Application of Part
This Part applies if—
a collection order has been made in respect of the sum due, and
the order states that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
Discount on fine if the sum due is paid without default
P is allowed a discount on the fine if the sum due, less the amount of the discount, is paid without P at any time having been in default on the order.
The amount of the discount is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.
The discount is given effect by extinguishing P’s liability to pay the part of the sum due that is equal to the amount of the discount.
Meaning of “in default on a collection order”
For the purposes of this Schedule, P is in default on a collection order if he fails to pay any amount due under the payment terms (or, if they have effect, the reserve terms) on or before the date on which it is required to be paid.
Variation of collection orders containing payment terms
Application of Part
This Part applies if—
the court has made a collection order, and
the order contains payment terms but does not contain reserve terms.
This Part also applies if a person (“P”) has been given a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).
In the application of this Part in such a case—
“collection order” means the notice of conviction and penalty;
a reference to the collection order being made is a reference to the notice of conviction and penalty being given;
“payment terms” means the requirements as to the time and manner of payment imposed under section 16L(2)(c) of the Magistrates’ Courts Act 1980.
Application to fines officer for variation of order or attachment of earnings order etc.
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P may at any time apply to the fines officer under this paragraph for —
the payment terms to be varied, or
an attachment of earnings order or application for benefit deductions to be made.
No application may be made under sub-paragraph (2)(a) unless—
there has been a material change in P’s circumstances since the collection order was made (or the payment terms were last varied under this paragraph), or
P is making further information about his circumstances available.
On an application under sub-paragraph (2)(a), the fines officer may decide—
to vary the payment terms ..., or
not to vary them.
The fines officer may not vary the payment terms under sub-paragraph (4)(a) so that they are less favourable to P without P's consent.
On an application under sub-paragraph (2)(b), the fines officer may decide—
to make an attachment of earnings order or application for benefit deductions, or
not to do so.
If he decides to make an order or application he must vary the collection order so that it states reserve terms.
The fines officer may not vary the order so that it states reserve terms which are less favourable to P than the payment terms without P's consent.
A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.
Subject to paragraph 23, the effect of—is that the collection order has effect as varied by the fines officer.
a decision under sub-paragraph (4)(a), and
a variation under sub-paragraph (6),
Appeal against decision of fines officer
P may, within 10 working days from the date of a decision under paragraph 22, appeal to the magistrates' court against the decision.
On an appeal under this paragraph the magistrates' court may—
confirm or vary the payment terms (or the reserve terms),
if the appeal is against a decision on an application under paragraph 22(2)(b) or if P consents, make an attachment of earnings order or an application for benefit deductions, or
discharge the collection order and exercise any of its standard powers in respect of persons liable to pay fines.
If the court makes an attachment of earnings order or an application for benefit deductions, it must vary the collection order so that it states reserve terms.
Nature of power to vary terms of collection order
A power to vary the payment terms of a collection order includes power to—
substitute terms requiring P to pay by specified instalments on or before specified dates for a term requiring P to pay within a specified period, or
substitute a term requiring P to pay within a specified period for terms requiring P to pay the sum due by specified instalments on or before specified dates.
Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid within a specified period is a power to vary the date on or before which the sum due is to be paid.
Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid by specified instalments on or before specified dates is a power to vary—
the number of instalments payable;
the amount of any instalment;
the date on or before which any instalment is required to be paid.
This paragraph applies in relation to the variation of the reserve terms as it applies in relation to the payment terms.
Meaning of “in default on a collection order”
For the purposes of this Schedule, P is in default on a collection order if he fails to pay any amount due under the payment terms (or, if they have effect, the reserve terms) on or before the date on which it is required to be paid.
Effect of first default on collection order containing payment terms
Application of Part
This Part applies on the first occasion on which P is in default on a collection order containing payment terms and none of the following is pending—
an application to a fines officer under paragraph 22 (application for variation of order or for attachment of earnings order etc) that was made at a time when P was not in default on the collection order;
an appeal under paragraph 23 against a decision of a fines officer on an application described in paragraph (a);
a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).
This Part also applies on the first occasion on which a person (“P”) is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).
Attachment of earnings order or application for benefit deductions to be made
The fines officer must make an attachment of earnings order if it appears to him—
that P is in employment, and
that it is not impracticable or inappropriate to make the order.
The fines officer must make an application for benefit deductions if it appears to him—
that P is entitled to a relevant benefit, and
that it is not impracticable or inappropriate to make the application.
If it appears to the fines officer that (apart from this sub-paragraph) both sub-paragraph (1) and sub-paragraph (2) would apply, he must make either an attachment of earnings order or an application for benefit deductions.
Increase in fine
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Notice of increase etc.
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Operation of collection orders containing reserve terms
Application of Part
This Part applies if—
a collection order contains reserve terms, and
the attachment of earnings order or application for benefit deductions made under Part 3 or 6 fails.
This Part also applies if (through the application of Part 6 by virtue of paragraph 21(2))—
a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) contains reserve terms, and
the attachment of earnings order or application for benefit deductions made under Part 6 fails.
Requirement to notify P on failure of an attachment of earnings order etc.
The fines officer must deliver to P a notice (“a payment notice”) informing P—
that the order or application has failed and the reserve terms have effect,
what P has to do to comply with the reserve terms, and
of his right to make applications under paragraph 31.
Application to fines officer for variation of reserve terms
P may, at any time after the date of a payment notice under paragraph 30, apply to the fines officer for the reserve terms to be varied.
No application may be made under sub-paragraph (1) unless—
there has been a material change in P’s circumstances since the reserve terms were set (or last varied under this paragraph), or
P is making further information about his circumstances available.
On such an application being made, the fines officer may decide—
to vary the reserve terms ..., or
not to vary them.
The fines officer may not vary the reserve terms under sub-paragraph (3)(a) so that they are less favourable to P without P's consent.
A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.
Subject to paragraph 32, the effect of a decision under sub-paragraph (3)(a) is that the collection order has effect with the reserve terms varied in the way decided by the fines officer.
Appeal against decision of fines officer
P may, within 10 working days from the date of a decision under paragraph 31(3), appeal to the magistrates' court against the decision.
On an appeal under this paragraph the magistrates' court may—
confirm or vary the reserve terms, or
discharge the order and exercise any of its standard powers in respect of persons liable to pay fines or other sums .
Increase in fine on first default
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Notice of increase etc.
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FURTHER STEPS
Effect of compliance with requirement to contact fines officer
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Application to fines officer after increase for variation of payment terms
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Functions of fines officer in relation to defaulters: referral or further steps notice
This paragraph applies if—
P is in default on a collection order,
paragraph 26 does not apply, and
none of the following is pending—
an application to a fines officer under paragraph 31 (application for variation of reserve terms) that was made at a time when P was not in default on the collection order;
an appeal under paragraph 32 against a decision of a fines officer on an application described in sub-paragraph (i);
a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).
This paragraph also applies if—
a person (“P”) is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980), and
paragraph 26 does not apply.
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The fines officer must—
refer P’s case to the magistrates' court, or
deliver to P a notice (a “further steps notice”) that he intends to take one or more of the steps listed in paragraph 38.
Any steps that the fines officer wishes to be able to take must be specified in the notice.
A further steps notice must be in writing and dated.
P may, within 10 working days from the date of the further steps notice, appeal to the magistrates' court against it.
Issue by fines officer of replacement notice
This paragraph applies if—
the fines officer has delivered to P a notice (“the current notice”) that is—
a further steps notice that has not been replaced by a notice under this paragraph, or
a notice under this paragraph that has not been replaced by a further notice under this paragraph,
P remains liable to pay any part of the sum due, and
the fines officer wishes to be able to take one or more steps listed in paragraph 38 but not specified in the current notice.
The fines officer may deliver to P a notice replacing the current notice.
A notice under this paragraph (a “replacement notice”) must—
state that the fines officer intends to take one or more of the steps listed in paragraph 38,
specify the steps that the fines officer wishes to be able to take, and
be in writing and dated.
P may, within 10 working days from the date of a replacement notice, appeal to the magistrates' court against it.
If a step is being taken in reliance on a notice at the time when the notice is replaced by a replacement notice, the taking of the step may continue despite the replacement.
The range of further steps available against defaulters
The steps referred to in paragraphs 37(6)(b), 37A(3)(a) and 39(3) and (4) (powers to take further steps) are—
issuing a warrant of control for the purpose of recovering the sum due;
registering the sum in the register of judgments and orders required to be kept by section 98;
making an attachment of earnings order or an application for benefit deductions;
subject to sub-paragraph (3), making a clamping order;
taking proceedings by virtue of section 87(1) of the 1980 Act (enforcement of payment of fines by High Court and county court).
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A clamping order is an order—
that a motor vehicle be fitted with an immobilisation device (“clamped”), and
which complies with any requirements that are imposed by fines collection regulations under paragraph 46 with respect to the making of clamping orders.
A clamping order must not be made except in relation to a vehicle which is registered under the Vehicle Excise and Registration Act 1994 in P’s name.
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Powers of court . . .
This paragraph applies if the magistrates' court is hearing P’s case following—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a referral under paragraph 37(6)(a) (functions of fines officer in relation to defaulters), or
an appeal under paragraph 37(9) or 37A(4) (appeal against a further steps notice or replacement notice).
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On a referral falling within sub-paragraph (1)(b) , the court may—
vary the payment terms (or the reserve terms);
take any of the steps listed in paragraph 38;
discharge the order and exercise any of its standard powers in respect of persons liable to pay fines or other sums .
On an appeal against a further steps notice or replacement notice, the court may—
confirm or quash the notice;
vary the notice so as to specify any step listed in paragraph 38;
vary the payment terms (or the reserve terms);
discharge the order and exercise any of its standard powers in respect of persons liable to pay fines or other sums .
Implementation of further steps notice
If—any step specified in the notice (or the notice as varied) may be taken and retaken.
P does not appeal within 10 working days against a further steps notice or replacement notice, or
he does so but the further steps notice or replacement notice is confirmed or varied,
Withdrawal of warrant of control by fines officer
This paragraph applies if, in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due.
The fines officer may withdraw the warrant if—
P remains liable to pay any part of the sum due, and
the fines officer is satisfied that the warrant was issued by mistake, including in particular a mistake made in consequence of the non-disclosure or misrepresentation of a material fact.
Discharge of warrant of control by magistrates' court
This paragraph applies if—
in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due, and
the fines officer subsequently refers P's case to the magistrates' court under paragraph 42.
The magistrates' court may discharge the warrant if—
P remains liable to pay any part of the sum due, and
the power conferred by section 142(1) of the Magistrates' Courts Act 1980 (power of magistrates' court to re-open cases to rectify mistakes etc) would have been exercisable by the court if the court had issued the warrant.
Duty of fines officer if warrant of control withdrawn or discharged
This paragraph applies if condition A or B is met.
Condition A is that the fines officer has withdrawn a warrant of control under paragraph 40A.
Condition B is that—
in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due,
the fines officer has referred P's case to the magistrates' court under paragraph 42,
the magistrates' court has discharged the warrant of control under paragraph 40B(2), and
the magistrates' court has not discharged the collection order or exercised any of its powers under paragraph 42(2).
If P remains liable to pay any part of the sum due, the fines officer must—
take (or retake) one or more of the steps specified in the further steps notice or replacement notice that was the last notice to be delivered to P under paragraph 37 or 37A before the warrant of control was issued, or
deliver to P a replacement notice and take one or more of the steps specified in that notice, or
refer P's case to, or back to, the magistrates' court under paragraph 42.
Power to order sale of clamped vehicle
This paragraph applies if—
a motor vehicle has been clamped under a clamping order, and
at the end of the period specified in fines collection regulations under paragraph 46 any part of the sum due is unpaid.
The magistrates' court may order that—
the vehicle is to be sold or otherwise disposed of in accordance with those regulations, and
any proceeds are to be applied in accordance with those regulations in discharging P’s liability in respect of the sum due.
Power of fines officer to refer case to magistrates' court
The fines officer may refer a case to the magistrates' court at any time during the period which—
begins the day after the collection order is made, and
ends with the date on which—
the sum due (including any increase to which he remains liable) is paid, or
the order is discharged.
On a referral under this paragraph, the court may—
confirm or vary the payment terms (or the reserve terms),
exercise any of its standard powers in respect of persons liable to pay fines or other sums, or
. . . exercise a power it could exercise under any other paragraph.
Where the court exercises any of its standard powers under sub-paragraph (2)(b) it may also discharge the order.
Fines collection regulations may provide for the fines officer to have the power to issue a summons for the purpose of ensuring that P attends a magistrates' court to whom P’s case has been referred under this paragraph or paragraph 37.
This paragraph applies where—
P is in default on a collection order,
the sum due consists of or includes a fine, and
the fines officer has referred P's case to the court—
under paragraph 37(6)(a), or
after taking any of the steps listed in paragraph 38.
Where the court is satisfied that the default is due to P's wilful refusal or culpable neglect, the court may increase the fine which is the subject of the order.
But the court may not increase any other sum which is the subject of the order.
The amount of the increase is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.
The increase is given effect by treating it as part of the fine imposed on P by his conviction.
Supplementary provisions
Fines collection regulations
In this Schedule “fines collection regulations” means regulations made by the Lord Chancellor for the purpose of giving effect to this Schedule.
Fines collection regulations may, for the purpose of giving effect to this Schedule and section 97 so far as it relates to this Schedule, make provision modifying (or applying with modifications) any enactment which relates to fines or the enforcement of payment of sums falling within paragraph 1 .
The enactments which may be so modified (or applied with modifications) include enactments containing offences.
Fines collection regulations may make different provision for different cases.
Fines collection regulations may, for the purpose of giving effect to the powers to make attachment of earnings orders, make provision as to the method for calculating the amounts which are to be deducted from P’s earnings.
“disabled person’s badge” means a badge issued, or having effect as if issued, under regulations made under section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons);“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked);“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, except that section 189 of the Road Traffic Act 1988 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts.“recognised badge” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain).
Fines collection regulations may, for the purpose of giving effect to the powers to make clamping orders and to order the sale of clamped motor vehicles, make provision in connection with—
the fitting of immobilisation devices;
the fitting of immobilisation notices to motor vehicles to which immobilisation devices have been fitted;
the removal and storage of motor vehicles;
the release of motor vehicles from immobilisation devices or from storage (including the conditions to be met before the vehicle is released);
the sale or other disposal of motor vehicles not released.
Fines collection regulations must provide that an immobilisation device may not be fitted to a vehicle—
which displays a current disabled person’s badge ;or a current recognised badge , or
in relation to which there are reasonable grounds for believing that it is used for the carriage of a disabled person.
In this Schedule—
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Offences of providing false information, failing to disclose information etc.
P commits an offence if, in providing a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) to a fines officer in response to a relevant request, he—
makes a statement which he knows to be false in a material particular,
recklessly provides a statement which is false in a material particular, or
knowingly fails to disclose any material fact.
A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
P commits an offence if he fails to provide a fines officer with a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) requested by a relevant request.
A person guilty of an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
A relevant request is a request for information about P’s financial circumstances (whether about P's assets, P's other financial circumstances or both) which—
is made by a fines officer, and
is expressed to be made for the purpose of determining whether or how the fines officer should vary the payment terms (or the reserve terms) of a collection order in P’s favour.
Proceedings in respect of an offence under this paragraph may be commenced at any time within—whichever ends first.
2 years from the date of the commission of the offence, or
6 months from its first discovery by the prosecutor,
Offence of meddling with vehicle clamp
A person commits an offence if he removes or attempts to remove—fitted or fixed to a motor vehicle in accordance with a clamping order made under a further steps notice or under paragraph 39(3)(b) (powers of court . . . ).
an immobilisation device, or
an immobilisation notice,
A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Meaning of “standard powers in respect of persons liable to pay fines or other sums”
In this Schedule “standard powers in respect of persons liable to pay fines or other sums” means any power that a magistrates' court would have had if P had not been subject to a collection order but had been liable to pay the sum due.
Meaning of references to pending appeals
For the purposes of this Schedule the period during which an appeal under this Schedule is pending is to be treated as including the period within which the appeal may be brought (regardless of whether it is in fact brought).
Meaning of “10 working days”
In this Schedule “10 working days” means any period of 10 days not including—
Saturday or Sunday,
Christmas Day or Good Friday, or
any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
Meaning of “the magistrates' court”
In this Schedule “the magistrates' court”, in relation to a collection order, means any magistrates' court acting in the local justice area in which the court which made the order was sitting.
Discharge of fines by unpaid work
Introductory
“the prescribed hourly sum” means such sum as may be prescribed by regulations;“regulations” means regulations made under this Schedule by the Lord Chancellor;“the relevant court” means—the court imposing the liability to pay the relevant sum, or if that liability has previously been imposed, the magistrates' court responsible for enforcing payment of the relevant sum;“the relevant sum” means the sum for which P is liable as mentioned in sub-paragraph (1), but excluding any pecuniary compensation, any pecuniary forfeiture or any sum due in respect of prosecution costs.
This Schedule applies if a person aged 18 or over (“P”) is liable to pay a sum which is or is treated for the purposes of Part 3 of the 1980 Act as a sum adjudged to be paid by conviction of a magistrates' court.
In this Schedule—
Cases where work order may be made
The relevant court may, on the application of a fines officer or of its own motion, make an order under this Schedule (a “work order”) where—
it appears to the court that in view of P’s financial circumstances all the following methods of enforcing payment of the relevant sum are likely to be impracticable or inappropriate—
a warrant of control under section 76 of the 1980 Act,
an application to the High Court or county court for enforcement under section 87 of the 1980 Act,
an order under section 88 of the 1980 Act,
an attachment of earnings order,
an application for deductions to be made by virtue of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from universal credit and income support etc.), and
a collection order under Schedule 5 (including a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) in a case where, by virtue of paragraph 21(3) of Schedule 5, that notice is treated as a collection order),
it appears to the court that P is a suitable person to perform unpaid work under this Schedule, and
P consents to the making of the order.
A court which is considering the making of a work order may issue a summons requiring P to appear before the court.
A magistrates' court which is considering the making of a work order may order P to give to the court, within a specified period, such a statement of his assets and other financial circumstances as the court may require.
Subsections (2) to (4) of section 84 of the 1980 Act (offences in respect of statement of assets and other financial circumstances) apply to an order made under sub-paragraph (3) as they apply to an order made under subsection (1) of that section.
Provisions of order
A work order is an order requiring P to perform unpaid work for a specified number of hours, in accordance with instructions to be given by the fines officer, in order to discharge by virtue of this Schedule his liability for the relevant sum.
The order must also—
state the amount of the relevant sum,
specify a fines office to which the order is allocated, and
specify a person (“the supervisor”) who is to act as supervisor in relation to P.
The specified number of hours is to be determined by dividing the relevant sum by the prescribed hourly sum and, where the result is not a whole number, adjusting the result upwards to the next whole number.
A work order must specify a date (“the specified date”) not later than which the required hours of unpaid work must be performed.
In the following provisions of this Schedule “the fines officer”, in relation to P, means any fines officer working at the fines office specified in the work order.
Effect of order on enforcement of payment
Where a work order has been made in respect of the relevant sum, payment of that sum may not be enforced against P unless the order is revoked.
On making a work order, the court must revoke any order relating to the enforcement of the payment of the relevant sum.
Appointment of, and duties of, supervisor
A person may not be appointed as the supervisor without his consent.
It is the duty of the supervisor—
to monitor P’s compliance with the requirements of the work order, and
to provide the court with such information as the court may require relating to P’s compliance with those requirements.
Obligations of person subject to work order, and effect of compliance
Where a work order is in force, P must perform for the number of hours specified in the order such work, at such places and at such times as he may be instructed by the fines officer.
The fines officer must ensure, as far as practicable, that any instructions given to P in pursuance of the work order are such as to avoid—
any conflict with P’s religious beliefs, and
any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
If not later than the specified date P performs work in accordance with the instructions of the fines officer for the specified number of hours, his liability to pay the relevant sum is discharged.
Effect of payment
Where a work order has been made in respect of any sum—
on payment of the whole of the sum to any person authorised to receive it, the work order ceases to have effect, and
on payment of part of the sum to any such person, the number of hours specified in the order is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole of the relevant sum.
In calculating any reduction required by sub-paragraph (1)(b), any fraction of an hour is to be disregarded.
Revocation or variation of order
If, on the application of the fines officer, it appears to the relevant court that P is failing or has failed to comply with a work order without reasonable excuse, the court must revoke the order.
If, on the application of the fines officer, it appears to the relevant court—the court may revoke the order or postpone the specified date.
that P has failed to comply with a work order but has a reasonable excuse for the failure, or
that, because of a change in circumstances since the order was made, P is unlikely to be able to comply with a work order,
The relevant court may of its own motion revoke a work order if it appears to the court that, because of a change in circumstances since the order was made, P is unlikely to be able to comply with the order.
A work order may be revoked under any of sub-paragraphs (1) to (3), or varied under sub-paragraph (2), before the specified date (as well as on or after that date).
Regulations may provide for the fines officer to have the power to issue a summons for the purpose of ensuring that P attends the court to which an application has been made under sub-paragraph (1) or (2).
Allowing for work done
If it appears to the court revoking a work order under paragraph 8(1), (2) or (3) that P has performed at least one hour of unpaid work in accordance with the instructions of the fines officer, the court must by order specify the number of hours of work that have been performed; and for this purpose any fraction of an hour is to be disregarded.
Where the court has specified a number of hours under this paragraph, P’s liability to pay the relevant sum is discharged to the extent of the prescribed hourly sum in respect of each hour.
Effect of revocation
Where a work order is revoked under paragraph 8(1), (2) or (3), immediate payment of the relevant sum (subject to any reduction under paragraph 9(2)) may be enforced against P.
Sub-paragraph (1) does not limit the court’s power, on or after the revocation of the work order, to allow time for payment or to direct payment by instalments.
Order not directly enforceable
The obligations of P under a work order are not enforceable against him except by virtue of paragraph 10(1).
Evidence of supervisor
This paragraph applies where—
it falls to a court to determine whether P has performed unpaid work in accordance with a work order, and
the court is satisfied—
that the supervisor is likely to be able to give evidence that may assist the court in determining that matter, and
that the supervisor will not voluntarily attend as a witness.
The court may issue a summons directed to that person requiring him to attend before the court at the time and place appointed in the summons to give evidence.
Provision of information
Regulations may—
require a work order to contain prescribed information,
require the court making a work order to give a copy of the order to such persons as may be prescribed, and
require the court revoking or varying a work order to give notice of the revocation or variation to such persons as may be prescribed.
Enforcement of Certain Writs and Warrants
Enforcement officers: general
Districts for writs and warrantsenforced by enforcement officers
England and Wales is to be divided into districts for the purposes of this Schedule.
The districts are to be those specified in regulations made under paragraph 12.
Enforcement officers: authorisation and assignment to districts
An enforcement officer is an individual who is authorised to act as such by the Lord Chancellor or a person acting on his behalf.
The Lord Chancellor or a person acting on his behalf must assign at least one enforcement officer to each district.
The Lord Chancellor or a person acting on his behalf may—
assign an enforcement officer to more than one district, and
change any assignment of an enforcement officer so that he is assigned to a different district or to different districts.
Direction of writs of execution to enforcement officers
A writ of execution issued from the High Court may be directed—
if only one enforcement officer is assigned to the district in which the writ is to be executed, to that officer,
if two or more enforcement officers are assigned to that district, to those officers collectively, or
to a named enforcement officer who, whether or not assigned to that district, has undertaken to execute the writ.
In this paragraph “writ of execution” does not include—
a writ of sequestration, or
a writ relating to ecclesiastical property.
Issue of certain warrants to enforcement officers
Sub-paragraph (2) applies for the purpose of identifying the enforcement officer to whom a warrant may be issued under—
section 91(1) of the Lands Clauses Consolidation Act 1845 (proceedings in case of refusal to deliver possession of lands), or
section 13(1) of the Compulsory Purchase Act 1965 (refusal to give possession to acquiring authority).
The enforcement officer, in relation to such a warrant, is—
the enforcement officer assigned to a relevant district or, if two or more enforcement officers are assigned to that district, those officers collectively, or
a named enforcement officer who, whether or not assigned to a relevant district, has undertaken to execute the warrant.
In sub-paragraph (2), “a relevant district”, in relation to a warrant, means—
the district where the land in respect of which the warrant was issued is situated, or
if that land (being land in one ownership) is not situated wholly in one district, a district where any part of that land is situated.
Enforcement officers to have traditional powers etc. of sheriff
This paragraph applies in relation to writs directed to one or more enforcement officers under paragraph 3 and warrants issued to one or more enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b) .
But it is subject to Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 in the case of a writ conferring power to use the procedure in that Schedule.
The relevant officer has, in relation to the writ, the duties, powers, rights, privileges and liabilities that a sheriff of a county would have had at common law if—
the writ had been directed to him, and
the district in which it is to be executed had been within his county.
The relevant officer has, in relation to the warrant, the duties, powers, rights, privileges and liabilities that a sheriff of a county would have had at common law if—
the warrant had been issued to him, and
the district in which it is to be executed had been within his county.
“The relevant officer” means—
in relation to a writ—
if the writ is directed to a single enforcement officer under paragraph 3(1)(a) or (c), that officer;
if the writ is directed to two or more enforcement officers collectively under paragraph 3(1)(b), the officer to whom, in accordance with approved arrangements, the execution of the writ is allocated,
in relation to a warrant—
if the warrant is issued to a single enforcement officer in accordance with paragraph 3A(2)(a) or (b), that officer;
if the warrant is issued to two or more enforcement officers collectively in accordance with paragraph 3A(2)(a), the officer to whom, in accordance with approved arrangements, the execution of the warrant is allocated.
Sub-paragraphs (2) and (2A) apply to a person acting under the authority of the relevant officer as they apply to the relevant officer.
In this Schedule “approved arrangements” means arrangements approved by the Lord Chancellor or a person acting on his behalf.
Constable’s duty to assist enforcement officers
It is the duty of every constable, at the request of—to assist the officer or that person in the execution of a writ or warrant.
an enforcement officer, or
a person acting under the officer’s authority,
Writs of execution against goods
Application of paragraphs 7 to 11
Paragraph 7 applies to any writ of execution against goods which is issued from the High Court.
Paragraphs 8 to 11—
do not apply to any writ that confers power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, but
apply to any other writ of execution against goods which is issued from the High Court.
Endorsement of writ with date and time of receipt
If the writ is directed to a single enforcement officer under paragraph 3(1)(a) or (c), that officer must endorse it as soon as possible after receiving it.
If the writ is directed to two or more enforcement officers collectively under paragraph 3(1)(b), the individual who, in accordance with approved arrangements, is responsible for allocating its execution to one of those officers, must endorse it as soon as possible after receiving it.
If the writ is directed to a person who is not an enforcement officer but is under a duty to execute it, that person must endorse it as soon as possible after receiving it.
For the purposes of this paragraph, a person endorses a writ by endorsing on the back of it the date and time when he received it.
No fee may be charged for endorsing a writ under this paragraph.
Effect of writ
Subject to sub-paragraph (2), the writ binds the property in the goods of the execution debtor from the time when the writ is received by the person who is under a duty to endorse it.
The writ does not prejudice the title to any goods of the execution debtor acquired by a person in good faith and for valuable consideration.
Sub-paragraph (2) does not apply if the person acquiring goods of the execution debtor had notice, at the time of the acquisition, that—had been received by the person who was under a duty to endorse it but had not been executed.
the writ, or
any other writ by virtue of which the goods of the execution debtor might be seized or attached,
Sub-paragraph (2) does not apply if the person acquiring goods of the execution debtor had notice, at the time of the acquisition, that—
an application for the issue of a warrant of execution against the goods of the execution debtor had been made to the ... county court, and
the warrant issued on the application remained unexecuted in the hands of a person charged with its execution.
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For the purposes of sub-paragraph (2) a thing shall be treated as done in good faith if it is in fact done honestly (whether it is done negligently or not).
Any reference in this paragraph to the goods of the execution debtor includes anything else of his that may lawfully be seized in execution.
Seizure of goods
This paragraph applies where an enforcement officer or other person who is under a duty to execute the writ is executing it.
The officer may, by virtue of the writ, seize—
any goods of the execution debtor that are not exempt goods, and
any money, banknotes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the execution debtor.
“Exempt goods” means—
such tools, books, vehicles and other items of equipment as are necessary to the execution debtor for use personally by him in his employment, business or vocation;
such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the execution debtor and his family.
Sale of goods seized
This paragraph applies if—
a writ of execution has been issued from the High Court,
goods are seized under the writ by an enforcement officer or other person under a duty to execute it, and
the goods are to be sold for a sum which, including legal incidental expenses, exceeds £20.
The sale must be—
made by public auction, and not by bill of sale or private contract, unless the court otherwise orders, and
publicly advertised on, and during the three days preceding, the day of sale.
If the person who seized the goods has notice of another execution or other executions, the court must not consider an application for leave to sell privately until the notice prescribed by Civil Procedure Rules has been given to the other execution creditor or creditors.
An execution creditor given notice under sub-paragraph (3) is entitled—
to appear before the court, and
to be heard on the application for the order.
Protection of officers selling seized goods
This paragraph applies if—
a writ of execution has been issued from the High Court,
goods in the possession of an execution debtor are seized by an enforcement officer or other person under a duty to execute the writ, and
the goods are sold by that officer without any claims having been made to them.
If this paragraph applies—
the purchaser of the goods acquires a good title to them, and
no person is entitled to recover against the officer or anyone acting under his authority—unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable enquiry have ascertained, that the goods were not the property of the execution debtor.
for any sale of the goods, or
for paying over the proceeds prior to the receipt of a claim to the goods,
Nothing in this paragraph affects the right of a lawful claimant to any remedy to which he is entitled against any person other than the enforcement officer or other officer charged with the execution of the writ.
“Lawful claimant” means a person who proves that at the time of sale he had a title to any goods seized and sold.
This paragraph is subject to sections 183, 184 and 346 of the Insolvency Act 1986.
Supplementary
Regulations
The Lord Chancellor may make regulations for the purpose of giving effect to the provisions of this Schedule that relate to enforcement officers.
The regulations may, in particular, make provision as to—
conditions to be met by individuals seeking to be authorised to act as enforcement officers;
the circumstances in which authorisations may be terminated;
the procedures to be followed in relation to the assignment of enforcement officers or changes in their assignments;
the publication of—
lists of enforcement officers assigned to each district, and
addresses to which writs of execution issued from the High Court to enforcement officers , or warrants issued to enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b), may be sent.
Subject to paragraph 7(5) the regulations may make provision for the determination of fees that may be charged by enforcement officers.
Before making any regulations under this paragraph, the Lord Chancellor must consult—
the Lord Chief Justice,
the Master of the Rolls,
the President of the Queen's Bench Division,
the President of the Family Division,
the Chancellor of the High Court, and
the Head of Civil Justice.
Minor and consequential amendments
Parochial Libraries Act 1708 (c. 14)
In section 10 (warrant to search for lost books), omit “for the commission area”.
Distress for Rent Act 1737 (c. 19)
In section 4 (application to justices where goods carried off or concealed), omit “of the same commission area”.
In section 16 (possession of property deserted by tenant), omit “of the county, riding, division, or place”.
Inclosure Act 1773 (c. 81)
In section 4 (issue of warrant for recovery of expenses by distress and sale), omit—
“under the hand and seal”, and
“of the commission area wherein such common field lands shall lie”.
Sale of Farming Stock Act 1816 (c. 50)
In section 10 (indemnity to sheriff and others acting under the provisions of the Act), for “or under sheriff” substitute “ , under sheriff or other officer ”.
Burial Ground Act 1816 (c. 141)
In section 2 (verification of value of land), omit “for the commission area in which such land is situated”.
Inclosure and Drainage (Rates) Act 1833 (c. 35)
In section 1 (recovery of rates or assessments), omit “acting for any commission area, in petty sessions assembled”.
In section 2 (form of warrant or distress), omit “for the said (county, riding, or division, as the case may be)”.
Judgments Act 1838 (c. 110)
In section 12 (sheriff may seize money, bank notes, etc.), after “poundage and expences” insert “ or other officer’s fees ”.
Metropolitan Police Act 1839 (c. 47)
For section 75 (meaning of “magistrate”), substitute—
Ordnance Survey Act 1841 (c. 30)
In section 2 (dispute as to damage caused during survey)—
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
for “the justices, may appeal” substitute “ the magistrates' court, may appeal ”.
Railway Regulation Act 1842 (c. 55)
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Defence Act 1842 (c. 94)
In section 24 (compensation for damage caused by temporary buildings), omit “of the county, riding, city, or place”.
This paragraph extends only to England and Wales.
London Hackney Carriages Act 1843 (c. 86)
Amend section 24 (proceedings with respect to licences on quitting service) as follows.
Re-number the existing provision subsection (1).
In that subsection—
for “any time not exceeding” substitute “ a time which, excluding any day mentioned in subsection (2), does not exceed ”,
for “the magistrates' court for the petty sessions area in which the said proprietor shall dwell” substitute “ a magistrates' court ”,
for “at the time of applying” substitute “ when applying ”,
for “justices' chief executive for such” substitute “ designated officer for the ”,
for “twenty-four hours, exclusive of Sunday or any day on which the magistrates' court shall not sit,” substitute “ that time ”, and
for “at the same magistrates' court” substitute “ to a magistrates' court ”.
After that subsection insert—
Companies Clauses Consolidation Act 1845 (c. 16)
In section 3 (interpretation), omit the words from “The word “justice”” to “acting together in petty sessions”.
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 ”.
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 ”.
Paragraphs 15 to 17 extend only to England and Wales.
Lands Clauses Consolidation Act 1845 (c. 18)
In section 3 (interpretation), omit the words from “The word “justices”” to “acting together”.
This paragraph extends only to England and Wales.
Railway Clauses Consolidation Act 1845 (c. 20)
In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.
In section 11 (limiting deviation from datum line described on sections, etc.)—
for “in petty sessions assembled for that purpose, and acting for the district” substitute “ acting in the local justice area ”, and
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 ”.
In section 46 (crossings of roads—level crossings), omit “in petty sessions”.
In section 59 (proceedings on application to justices to consent to level crossings over highways other than public carriage roads)—
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 ”,
for “acting for the district” substitute “ acting in the local justice area ”, and
omit “, and assembled in petty sessions,”.
Paragraphs 20 to 23 extend only to England and Wales.
Geological Survey Act 1845 (c. 63)
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 ”.
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)
In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.
This paragraph does not extend to Northern Ireland.
Harbours, Docks and Piers Clauses Act 1847 (c. 27)
In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.
This paragraph does not extend to Northern Ireland.
Towns Improvement Clauses Act 1847 (c. 34)
In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.
This paragraph does not extend to Northern Ireland.
Cemeteries Clauses Act 1847 (c. 65)
In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.
This paragraph does not extend to Northern Ireland.
Town Police Clauses Act 1847 (c. 89)
In section 3 (interpretation), omit the words from “The word “justice”” to “acting together:”.
This paragraph does not extend to Northern Ireland.
Hares Act 1848 (c. 29)
In section 2 (registration of authorisation)—
for “clerk of the magistrates acting for the petty sessions area” substitute“ designated officer for the local justice area ”, and
for “clerk of the magistrates as” substitute“ designated officer as ”.
Indictable Offences Act 1848 (c. 42)
In section 13 (English warrants may be backed in the Isles of Man, Guernsey, Jersey, Alderney or Sark, and vice versa)—
omit “any county, riding, division, liberty, city, borough, or place in” (in both places),
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 ”,
for “indorsing the same has jurisdiction” substitute “ indorsing the same is acting or has jurisdiction ”,
for “issued such warrant or process shall have jurisdiction” substitute “ issued such warrant or process is acting or has jurisdiction ”, and
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)
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)
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 ”.
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)
In section 2 (offence of making a disturbance in churches, chapels, churchyards etc.)—
for “before two justices of the peace” substitute “ by a magistrates' court ”,
for “a penalty of not more than” substitute “ a fine not exceeding ”, and
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 ”.
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 ”.
Paragraphs 37 and 38 do not extend to Northern Ireland.
Defence Act 1860 (c. 112)
In section 47 (interpretation), omit the words from “The word “justices”” to “acting together:”.
This paragraph extends only to England and Wales.
Offences Against the Person Act 1861 (c. 100)
In section 44 (if magistrates dismiss case of assault or battery, they must make out certificate to that effect), omit“under their hands”.
In section 65 (justices may issue search warrants for explosive substances)—
for “Any justice of the peace of any county or place in which” substitute “ Where ”,
after “in this Act mentioned,” insert “ a justice of the peace, ”, and
omit “under his hand and seal”.
Paragraphs 41 and 42 do not extend to Northern Ireland.
Poaching Prevention Act 1862 (c. 114)
In section 1 (interpretation), omit from “; and the words “justice” and “justices”” onwards.
This paragraph does not extend to Northern Ireland.
In section 2 (summons to appear before justice of the peace)—
after “citing such person to appear before” insert “ , in England and Wales, a magistrates' court or ”,
omit “England and”, and
for “forfeit and pay any sum” substitute “ be liable to a fine ”.
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)
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)
In section 2 (interpretation), omit the words from “The term “justice”” to “arises:”.
This paragraph does not extend to Northern Ireland.
In section 22 (jurisdiction of justice of the peace), for “Where any district” substitute—
Newspapers, Printers and Reading Rooms Repeal Act 1869 (c. 24)
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 ”,
in section 34 of the 1799 Act (prosecutions to be commenced within 3 months), omit “or sued” and “, or such action shall be brought,”,
omit section 35 of the 1799 Act (recovery of penalties),
omit section 36 of the 1799 Act (application of penalties), and
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)
In section 2 (persons before whom oaths to be taken), for the paragraph beginning “In England” substitute—
Prevention of Crimes Act 1871 (c. 112)
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)
The amendments of section 6 (alteration of fair day on representation of local authority) made by—shall be treated as if they had never had effect.
paragraph 10 of Schedule 10 to the Access to Justice Act 1999, and
paragraph 5 of Schedule 13 to that Act,
Commons Act 1876 (c. 56)
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)
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)
In section 6(1) (inquiry into offences)—
omit “for the county, borough, or place in which the crime was committed or is suspected to have been committed,”,
omit “sit at a petty sessional or occasional court-house, or police station in the said county, borough or place, and”, and
for “the next petty sessions, or” substitute “ a magistrates' court ”.
This paragraph does not extend to Northern Ireland.
In section 9(2) (application of Act to Scotland), for “ “petty sessional court house”” substitute “ “magistrates' court” ”.
Sheriffs Act 1887 (c. 55)
In section 7(1) (declaration of office), for the words from “effect before” onwards substitute
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 ”.
In section 23(3) (declaration of office by under-sheriff), for the words from “effect before” onwards substitute
Amend section 26 (declaration by bailiffs, etc.) as follows.
Re-number the existing provision subsection (1).
In that subsection, for the words from “effect before” onwards substitute
After that subsection insert—
In section 29 (punishment for misconduct), after subsection (2) insert—
In section 38 (definitions), after the definition of “county” insert—, and omit from “Any reference” to the end of the section.
Local Government Act 1888 (c. 41)
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)
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Public Health Acts Amendment Act 1907 (c. 53)
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)
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)
In section 3(4) (return of order to original court for further evidence to be taken), omit “appointed for the same commission area”.
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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 ”.
Sub-paragraph (1) does not extend to Northern Ireland.
Criminal Justice Act 1925 (c. 86)
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)
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 ”.
Amend section 25 (restrictions on persons under 18 going abroad to perform for profit) as follows.
In subsection (6), for “court of summary jurisdiction” substitute “ relevant court ”.
After subsection (10), insert—
Amend section 46 (assignment of certain matters to youth courts) as follows.
In subsection (1), for “court of summary jurisdiction” (in each place) substitute “ magistrates' court ”.
In subsection (1A), for “justices' chief executive for” substitute “ designated officer for ”.
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 ”.
Omit section 101 (application of Summary Jurisdiction Acts).
In section 102(1) (appeals to Crown Court), for “court of summary jurisdiction” substitute “ magistrates' court ”.
Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13)
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 ”.
Sub-paragraph (1) extends only to England and Wales.
Public Offices (Site) Act 1947 (c. 45)
Omit section 7 (correction of errors in deposited plan and book of reference).
The National Assistance Act 1948 (c. 29)
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Amend section 47 (removal to suitable premises of persons in need of care and attention) as follows.
In subsection (2), for “a court of summary jurisdiction having jurisdiction in the place where the premises are situated” substitute “ the court ”.
After subsection (12) insert—
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)
For section 37(4) (recommittal following appeal etc.) substitute—
Prevention of Damage by Pests Act 1949 (c. 55)
Amend section 15 (appeal against directions) as follows.
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”.
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)
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National Parks and Access to the Countryside Act 1949 (c. 97)
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)
In section 17(1)(a) (registration of maintenance orders in England), for “for the same place” substitute “ acting in the same local justice area ”.
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Amend section 25 (rules as to procedure of magistrates' courts) as follows.
Omit subsection (1).
In subsection (3)—
after “Rules” insert “ of court ”, and
in paragraph (a), for the words from “by means of” onwards, substitute “ in accordance with the rules ”.
Sub-paragraph (3) does not extend to Northern Ireland.
Amend section 28(1) (interpretation) as follows.
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In the definition of “prescribed”, omit—
“England or”,
“by rules made under section fifteen of the Justices of the Peace Act 1949, or”, and
“as the case may be,”.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
In Schedule 2 (paying authorities under Part 5), omit Part 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)
Amend section 19 (right of justice to visit prison) as follows.
In subsection (1), for “for any commission area” substitute “ assigned to any local justice area ”.
In subsection (2), omit “or to visit any prisoner under sentence of death”.
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
In—for “justices' chief executive” substitute “ designated officer ”.
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
section 199(4)(a) (certificate as proof of outcome of civil trial),
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
In—for “justices' chief executive” substitute “ designated officer ”.
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
section 199(4)(a) (certificate as proof of outcome of civil trial),
Naval Discipline Act 1957 (c. 53)
In—for “justices' chief executive” substitute “ designated officer ”.
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
section 129B(4)(a) (certificate as proof of outcome of civil trial),
Maintenance Orders Act 1958 (c. 39)
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In section 21(1) (interpretation), omit the definition of “rules of court”.
Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)
Amend section 3 (power to close highways) as follows.
In subsection (1), omit “sitting in petty sessions in the petty sessions area within which that highway or part of a highway is situated”.
In subsection (2), omit “, being a highway or part within the jurisdiction of those justices”.
For subsection (5)(c) substitute—
Obscene Publications Act 1959 (c. 66)
Amend section 3 (powers of search, seizure and forfeiture) as follows.
In subsection (1), omit “in the petty sessions area for which he acts,” and “in that area”.
In subsection (3)—
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 ”;
for “for that petty sessions area” substitute “ acting in that local justice area ”.
Road Traffic Act 1960 (c. 16)
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)
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”.
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”.
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)
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,”.
Omit section 3 (special provision as to capital cases).
Betting, Gaming and Lotteries Act 1963 (c. 2)
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 ”.
In section 11 (notification of cancellation of bookmaker’s or betting agency permit)—
renumber the subsection inserted by paragraph 34(3) of Schedule 13 to the Access to Justice Act 1999 as subsection (5A), and
in that subsection, in paragraph (a) of the definition of “the proper officer of the court”, for “justices' chief executive” substitute “ designated officer ”.
Amend Schedule 1 (bookmaker’s permits, betting agency permits and betting office licences) as follows.
In paragraph 1(a)—
for “petty sessions” substitute “ local justice ”, and
for “acting for” substitute “ acting in ”.
In paragraph 2—
in the definition of “appropriate authority”, for “petty sessions” substitute “ local justice ”, and
in paragraph (a) of the definition of “the proper officer of the appropriate authority”, for “chief executive to” substitute “ designated officer for ”.
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)
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)
For section 19(4)(a) (application of Sheriffs Act 1887 to Greater London) substitute—.
In section 26 (Inner and Middle Temples), omit “commissions of the peace,”.
Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)
In section 1(1) (endorsement of warrants issued in Republic of Ireland)—
in paragraph (b), after “within the area” insert “ in or ”, and
for “comprising the area for” substitute “ which consists of or includes the area in or for ”.
In section 4(1) (issue of provisional warrant), in paragraph (c), after “within the area” insert “ in or ”.
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 ”.
In section 8(1) (rules of court), for paragraph (a) substitute—.
Amend the Schedule (supplementary provisions as to proceedings under section 2) as follows.
For paragraphs 2 and 2A substitute—
In paragraph 3, for “paragraphs 2 and 2A” substitute “ paragraph 2 ”.
Compulsory Purchase Act 1965 (c. 56)
Omit section 1(5) (jurisdiction of justices of the peace).
Public Works Loans Act 1965 (c. 63)
In section 2(1)(a) (loan to relevant authority)—
in sub-paragraph (iii), after “applies;” insert “ and ”, and
omit sub-paragraph (v) and “and” before it.
Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)
In each of the following provisions, for “Crown Court rules”, in each place it occurs, substitute “ Criminal Procedure Rules ”
section 2B(2) and (3) (summons no longer needed),
section 2C(2), (3), (5), (6) and (7) (application to make section 2 summons ineffective), and
section 2E(3) and (4) (application to make section 2D summons ineffective).
National Loans Act 1968 (c. 18)
In Schedule 4 (local loans), in paragraph 1, in paragraph (a) of the definition of “local authority”—
in sub-paragraph (iii), after “applies;” insert “ and ”, and
omit sub-paragraph (v) and “and” before it.
Criminal Appeal Act 1968 (c. 19)
In section 45 (construction of references to single judge), for “31, 31A” substitute “ 31 to 31C ”.
Omit section 48 (appeal in capital cases).
Omit Schedule 4 (procedural and other modifications for capital cases).
Courts-Martial (Appeals) Act 1968 (c. 20)
Omit—
section 55 (modification of provisions of Parts 2 and 3 for capital cases), and
Schedule 2 (procedural and other modifications for capital cases).
Gaming Act 1968 (c. 65)
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Amend Schedule 3 (registration of members' clubs in England and Wales) as follows.
In—for “chief executive to” substitute “ designated officer for ”.
paragraph 12(1) (in both places),
paragraph 13(1),
paragraph 15(1) (in both places),
paragraph 16(1),
paragraph 17(3) (in both places),
paragraph 23, and
paragraph 24(1) and (2),
In paragraph 17(4), for “justices' chief executive” substitute “ designated officer ”.
In Schedule 7 (registration for gaming by means of machines), in—for “chief executive to” substitute “ designated officer for ”.
paragraphs 3(1) and 4(1),
paragraph 11(1) (in both places),
paragraph 11(2),
paragraphs 13(1) and 14,
paragraph 20(1) (in both places), and
paragraphs 24 and 25(1) and (2),
Children and Young Persons Act 1969 (c. 54)
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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)
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)
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)
Omit—
section 27 (administrative and other court staff),
section 28 (provision of accommodation), and
Schedule 3 (premises formerly used for business of abolished courts).
In section 52(3) (award of costs where information or complaint is not proceeded with)—
in paragraph (b), for “acting for any area” substitute “ acting in any local justice area ”, and
for “for that area” substitute “ acting in that area ”.
Attachment of Earnings Act 1971 (c. 32)
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 ”.
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 ”.
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In section 21(2)(a)(ii) (costs to be sum due), for “justices' chief executive for the” substitute “ designated officer for the magistrates' ”.
In section 25(1) (interpretation), omit the definition of “rules of court” and “and” before it.
Fire Precautions Act 1971 (c. 40)
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)
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—.
Amend section 28K (execution of search warrants issued to immigration officers) as follows.
For subsection (9)(a), substitute—.
In subsection (10), for “justices' chief executive” substitute “ designated officer ”.
Amend Schedule 2 (administrative provisions about control on entry) as follows.
In paragraphs 23(1A)(a) and 31(3A)(a), for “justices' chief executive” substitute “ designated officer ”.
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, ”.
Amend Schedule 3 (supplementary provisions about deportation) as follows.
After paragraph 6(2) insert—
In paragraph 6(3), omit “the Crown Court or” and “commission area or”.
In paragraph 8(1)—
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 ”;
omit “area or”.
Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
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In section 17(4) (proceedings in magistrates' courts)—
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after “Northern Ireland,” insert “ acting for the same ”.
Amend section 18 (provision that may be made by magistrates' courts rules) as follows.
In subsection (1)—
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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 ”.
In subsection (1A), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “ rules of court ”.
In section 21(1) (interpretation of Part 1), in the definition of “prescribed”, omit—
“in England and Wales or”,
“by rules made under section 144 of the Magistrates' Courts Act 1980 or”, and
“as the case may be,”.
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In section 26(6) (application for recovery of maintenance in convention country)—
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in paragraph (b), after “district” insert “ in which the applicant is residing ”.
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In section 47(3) (construction of references to the jurisdiction of a court), for the words from “construed in relation” onwards substitute
Civil Evidence Act 1972 (c. 30)
Criminal Justice Act 1972 (c. 71)
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)
In section 5 (consequential) omit “Paragraph 7 of”.
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)
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Breeding of Dogs Act 1973 (c. 60)
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Juries Act 1974 (c. 23)
In—for “Crown Court rules” substitute “ Criminal Procedure Rules ”.
section 9(3) (appeal against refusal to excuse from jury service), and
section 9A(3) (appeal against refusal to defer jury service),
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 ”.
In Schedule 1 (jury service: ineligibility, disqualification and excusal), in Group B, omit “Justices' chief executives,”.
Friendly Societies Act 1974 (c. 46)
For section 102 (jurisdiction of magistrates' courts) substitute—
Solicitors Act 1974 (c. 47)
Amend section 38 (circumstances in which solicitor who is justice of the peace may not act as solicitor) as follows.
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 ”.
Omit subsections (2) and (3).
In subsection (3A)—
for “for any petty sessions” substitute “ in any local justice ”, and
for “acting for” substitute “ acting in ”.
Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 34)
In section 7 (rules of court)—
for the words from “The power” to “1981 or” substitute “ Civil Procedure Rules or rules of court under ”, and
for “shall include power to make rules of court under” substitute “ may make provision ”.
Salmon and Freshwater Fisheries Act 1975 (c. 51)
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)
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)
In section 2 (definitions), omit the definitions of “Crown Court rules”, “magistrates' courts rules” and “Supreme Court rules”.
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 ”.
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 ”.
Amend section 5B (reconsideration of decisions granting bail) as follows.
In subsection (8), omit “for the petty sessions area in which he was arrested”.
In subsection (9), for “Magistrates' court rules” substitute “ Criminal Procedure Rules ”.
In section 6(9)(c)(i) (certification of copy of record), for “justices' chief executive” substitute “ designated officer for the court ”.
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”.
Amend section 8 (bail with sureties) as follows.
In subsection (4)—
in paragraph (a), for “magistrates' courts rules” substitute “ Criminal Procedure Rules ”,
in paragraph (b), for “Crown Court rules” substitute “ Criminal Procedure Rules ”,
in paragraph (c), for “Supreme Court rules” substitute “ Civil Procedure Rules or Criminal Procedure Rules ”, and
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 ”.
In subsection (5)(b), omit “for the petty sessions area in which he resides”.
Race Relations Act 1976 (c. 74)
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Administration of Justice Act 1977 (c. 38)
Omit section 22 (membership of rule committees).
Criminal Law Act 1977 (c. 45)
Amend section 10 (obstruction of court officers executing process for possession against unauthorised occupiers) as follows.
Before subsection (1) insert—
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) ”.
In subsection (5), after “uniform” insert “ , an enforcement officer ”.
For subsection (6), substitute—
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 ”.
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)
In section 6(9) (restrictions on power to make order where respondent not present at hearing), for “rules” substitute “ rules of court ”.
Amend section 20ZA (variation of orders for periodical payments) as follows.
In subsection (2), for “clerk to the justices for the petty sessions area for which the court is acting” substitute “ court ”.
In subsection (3)—
for “the clerk” substitute “ a justices' clerk ”, and
for “to the justices' chief executive for the court” substitute “ to the designated officer for the court ”.
In subsection (10), for “the clerk to the justices” substitute “ a justices' clerk ”.
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Amend section 32 (enforcement of orders for payment of money) as follows.
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In subsection (6), for “rules” substitute “ rules of court ”.
Amend section 35 (orders for repayment of sums paid after cessation of order by reason of marriage) as follows.
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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 ”.
Amend section 88 (interpretation) as follows.
In subsection (1), omit the definition of “rules”.
In subsection (4), for “for the same petty sessions” substitute “ in the same local justice ”.
Judicature (Northern Ireland) Act 1978 (c. 23)
Amend Schedule 1 (appeals to House of Lords in certain criminal matters) as follows.
In paragraph 1(2), omit “Except in a case involving sentence of death,”.
Omit paragraph 2.
Protection of Children Act 1978 (c. 37)
Amend section 4 (entry, search and seizure) as follows.
In subsection (1), omit “in the petty sessions area for which he acts”.
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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)
Omit section 3 (offences committed on boundaries etc.).
In section 6(5) (display of details of committal proceedings), for “justices' chief executive for” substitute “ designated officer for ”.
In section 12 (non-appearance of accused), in—for “justices' chief executive for” substitute “ designated officer for ”.
subsection (1)(b),
subsection (4) (in both places), and
subsection (6) (in both places),
Amend section 12A (application of section 12 where accused appears) as follows.
In subsection (1), for “clerk of” substitute “ designated officer for ”.
In subsection (2)—
for “clerk of” substitute “ designated officer for ”, and
for “clerk” substitute “ designated officer ”.
Amend section 14 (proceedings invalid where accused did not know of them) as follows.
In subsection (1), for “justices' chief executive for the court” substitute “ designated officer for the court ”.
In subsection (2), for “justices' chief executive” substitute “ designated officer ”.
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 ”.
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 ”.
Amend section 59 (orders for periodical payment: means of payment) as follows.
In subsection (3)(b), for “a justices' chief executive” substitute “ the designated officer for the court or for any other magistrates' court ”.
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Amend section 59A (orders for periodical payment: proceedings by justices' chief executive) as follows.
In subsection (1)—
for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”,
for “the relevant justices' chief executive” substitute “ the relevant designated officer ”, and
for “to that justices' chief executive” substitute “ to that designated officer ”.
In subsection (2)—
for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”, and
for “the relevant justices' chief executive for him” substitute “ the relevant designated officer for him ”.
In subsection (3), for “the relevant justices' chief executive, he” substitute “ the relevant designated officer, he ”.
In subsection (4)—
for “a justices' chief executive” substitute “ the relevant designated officer ”,
for “justices' chief executive cancelling” substitute “ relevant designated officer cancelling ”, and
for “justices' chief executive shall” substitute “ relevant designated officer shall ”.
In subsection (7), for the definition of “the relevant justices' chief executive” substitute—.
In the section heading, for “justices' chief executive” substitute “ designated officer ”.
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Amend section 60 (revocation, variation, etc. of orders for periodical payment) as follows.
In subsection (4), omit “the clerk of”.
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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 ”.
In paragraph (b) of section 61(1)—
for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”, and
for “that justices' chief executive” substitute “ that designated officer ”.
In section 62(1)(ii) (proceedings for sums payable to child), for “justices' chief executive for” substitute “ designated officer for ”.
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Amend section 77 (postponement of issue of warrant) as follows.
In subsection (5), for “for the petty sessions” substitute “ in the local justice ”.
For subsection (6), substitute—
In—for “the rules” substitute “ rules of court ”.
section 78(4) (offence of removing impounded goods marked in accordance with rules), and
section 79(2) (reduction of period of detention on payment being made in accordance with rules),
Amend section 82 (restriction on power to impose imprisonment for default) as follows.
After subsection (4A) insert—
In subsection (5A), for “justices' chief executive for” substitute “ designated officer for ”.
In section 84(1) (power to require statement of means) for “for the same petty sessions” substitute “ in the same local justice ”.
Amend section 85 (power to remit fine) as follows.
After subsection (2A) insert—
In subsection (3), for “or (2A)” substitute “ , (2A) or (2B) ”.
Amend section 87 (enforcement of payment of fines by High Court and county court) as follows.
In subsection (1), for “justices' chief executive for” substitute “ designated officer for ”.
In subsection (3), for “justices' chief executive” substitute “ designated officer for the magistrates' court ”.
Omit subsection (4).
Amend section 87A (fines imposed on companies) as follows.
In subsection (1), for “justices' chief executive for” substitute “ designated officer for ”.
Omit subsection (2).
Amend section 89 (transfer of fine order) as follows.
In subsection (1)—
after “Where a magistrates' court” insert “ in a local justice area ”,
for “in any petty sessions area other than that for which the court acted” substitute “ in England and Wales ”, and
for “the petty sessions area in which it appears to the court that he is residing;” substitute “ another local justice area ”.
In subsection (2)—
for “justices' chief executive for” (in both places) substitute “ designated officer for ”, and
for “for the petty sessions area” substitute “ in the local justice area ”.
For subsection (3) substitute—
In section 90(3) (transfer of fines to Scotland or Northern Ireland), for “justices' chief executive for” substitute “ designated officer for ”.
Amend section 91 (transfer of fines from Scotland and Northern Ireland) as follows.
In subsection (1)—
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
for “justices' chief executive for” substitute “ designated officer for ”.
In subsection (3)—
for “in a petty sessions area” substitute “ by a magistrates' court ”, and
for “acting for that area” substitute “ acting in the area in which the person subject to the order resides ”.
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In section 97(1), omit—
“for any commission area”, and
“for that commission area”.
Amend section 97A (summons or warrant as to committal proceedings) as follows.
In subsection (1)—
omit “for any commission area”,
at the end of paragraph (a) insert “ and ”, and
omit paragraph (c) and “and” before it.
In subsections (9), (10) and (11), for “chief executive to” substitute “ designated officer for ”.
In section 99 (proof of non-payment of sum adjudged)—
for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”, and
for “the justices' chief executive” (in both places) substitute “ the designated officer ”.
In section 107 (false statements in declaration proving service), for “the rules” substitute “ rules of court ”.
In section 109(2) (notice to abandon an appeal), for “Crown Court rules” substitute “ rules of court ”.
In section 114 (payment of recognisances and fees on case stated)—
for “the clerk of a magistrates' court” substitute “ a justices' clerk ”, and
for “justices' chief executive” substitute “ designated officer ”.
Amend section 116 (discharge of recognizance to keep the peace or be of good behaviour etc.) as follows.
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).
Omit subsection (3).
Amend section 121 (constitution and place of sitting of court) as follows.
Omit subsection (3).
For subsection (4), substitute—
In subsection (5), omit “, or sitting in an occasional court-house”.
In section 125(1) (warrants) for “the rules” substitute “ rules of court ”.
Amend section 125B (execution of warrants by approved enforcement agency) as follows.
In subsection (2), for the words from “under” onwards substitute “ by the Lord Chancellor ”.
After subsection (2), insert—
Omit subsection (3).
In subsection (5)(d), for the words from “under” onwards substitute “ by the Lord Chancellor under subsection (2A) ”.
After subsection (5), insert—
Amend section 125C (disclosure of information for enforcing warrants) as follows.
In subsection (1)—
for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”, and
omit “appointed by, or member of the staff of, his magistrates' courts committee”.
In subsection (2), in the definition of “a section 125A warrant” omit the words from “and” onwards.
In subsection (3), for paragraph (c) substitute—
In section 126 (execution of certain warrants outside England and Wales)—
Omit sections 137 and 138 (fees and remission of fees).
In section 139 (disposal of sums adjudged to be paid by conviction)—
for “A justices' chief executive” substitute “ The designated officer for a magistrates' court ”, and
for “section 60 of the Justices of the Peace Act 1997” substitute “ section 38 of the Courts Act 2003 ”.
Omit section 141 (clerks to justices).
Amend section 144 (rule committee) as follows.
In subsection (1), after “prescribing” insert, and for “and justices' chief executives” substitute “ and designated officers for magistrates' courts ”.
In subsection (2), omit “the President of the Family Division of the High Court, the Senior District Judge (Chief Magistrate)”.
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Omit subsection (5).
Amend section 145 (rules: supplementary provisions) as follows.
In subsection (1), omit paragraphs (aa), (f) and (i).
Omit subsection (4).
Omit section 147(occasional court-house).
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 ”.
Omit section 149 (Isles of Scilly).
Amend section 150(1) (interpretation) as follows.
Omit the definitions of “petty-sessional court-house”, “the register” and “the rules”.
In the definition of “prescribed”, for “the rules” substitute “ rules of court ”.
In section 152, for “the rules” substitute “ rules of court ”.
Omit section 153 (magistrates' courts may sit on Sundays and public holidays).
In section 155(4) (extent of section 126 of 1980 Act), for “sections” substitute “ section ”.
Omit Schedule 6 (fees).
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
Omit—
section 48 (appeal in capital cases), and
Schedule 3 (procedural and other modifications for capital cases).
Highways Act 1980 (c. 66)
Amend section 47 (power of magistrates' court to declare that an unnecessary highway is not maintainable at public expense) as follows.
In subsection (5), for “acting for the petty sessions for” substitute “ assigned to the local justice area in ”.
In subsection (6), for “chief executive to” substitute “ designated officer for ”.
Amend section 116 (power of magistrates' court to authorise stopping up or diversion of highway) as follows.
In subsection (8)(b), for “for the same petty sessions” substitute “ in the same local justice ”.
In subsection (9), for “the clerk of the court” substitute “ a justices' clerk ”.
Zoo Licensing Act 1981 (c. 37)
In section 18(1) (appeals to magistrates' courts), omit “acting for the petty sessions area in which the zoo is situated”.
Senior Courts Act 1981
Amend section 8 (the Crown Court) as follows.
For subsection (2), substitute—
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In section 9(6A) (Circuit judge and Recorder not to exercise powers of single judge), after “31” insert “ , 31B, 31C ”.
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In—for “the prescribed fee” substitute “ the fee prescribed by an order under section 92 of the Courts Act 2003 (fees) ”.
section 125 (copies of wills and grants),
section 126(1) (depositaries for wills of living persons), and
section 134(2) (right to inspect power of attorney on payment of the prescribed fee),
Omit section 130 (fees to be taken in Senior Courts).
Omit sections 138, 138A and 138B (effect of writs of execution against goods).
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)
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 ”.
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)
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Administration of Justice Act 1982 (c. 53)
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)
In—for “the fees orders” substitute “ an order under section 92 of the Courts Act 2003 (fees) ”.
section 66(4) (fees payable in respect of trial with jury proceedings in a county court),
section 80(2) (judge’s note on appeal—fee etc.), and
section 95(4) (fees payable in respect of duties of brokers and appraisers),
Omit—
section 73 (register of judgments and orders), and
section 73A (provision for register to be kept by body under contract to Lord Chancellor).
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—
Amend section 99 (effect of warrants of execution) as follows.
In subsection (2)(b)—
after “to” insert “ an enforcement officer or other officer charged with the execution of the writ ”, and
for “the sheriff” substitute “ that person ”.
In subsection (4)—
before paragraph (a) insert—, and
omit paragraph (b).
For section 104 (information as to writs and warrants of execution), substitute—
Omit section 128 (fees).
In section 147(1) (interpretation), omit the definition of “fees orders”.
Matrimonial and Family Proceedings Act 1984 (c. 42)
Omit—
section 40 (family proceedings rules), and
section 41 (fees in family proceedings).
Building Act 1984 (c. 55)
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)
Amend section 16 (execution of warrants) as follows.
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In subsection (11), for “chief executive to the justices” substitute “ designated officer for the local justice area ”.
Amend section 46 (detention after charge) as follows.
In subsection (2), for “for the petty sessions” substitute “ in the local justice ”.
In subsection (3)—
for “for that area” substitute “ in that area ”,
for “justices' chief executive” substitute “ designated officer ”.
In subsection (4)—
for “for a petty sessions” substitute “ in a local justice ”, and
for “for that area” substitute “ in that area ”.
In subsection (5)—
for “for that area” substitute “ in that area ”, and
for “justices' chief executive” substitute “ designated officer ”.
In subsection (6)—
for “the justices' chief executive for a petty sessions” substitute “ the designated officer for a local justice ”, and
for “the justices' chief executive” substitute “ the designated officer ”.
In subsection (7)—
for “for the petty sessions” substitute “ in the local justice ”, and
for “for any other petty sessions” substitute “ in any other local justice ”.
In subsection (8), for “justices' chief executive” substitute “ designated officer ”.
In section 47(3A)(b) (date of first court appearance in bail cases), for “justices' chief executive for the relevant petty sessions” substitute “ designated officer for the relevant local justice ”.
In section 47A (early administrative hearings conducted by justices' clerks), for “the clerk to the justices for a petty sessions area” substitute “ a justices' clerk ”.
In section 73(3)(a) (proof of convictions and acquittals), for “justices' chief executive” substitute “ designated officer ”.
Prosecution of Offences Act 1985 (c. 23)
In section 7(4) (sending to Director of Public Prosecutions of details of cases which do not proceed)—
for “every justices' chief executive” substitute “ the designated officer for every magistrates' court ”, and
for “a magistrates' court for which he is the justices' chief executive” substitute “ the magistrates' court ”.
Amend section 20 (regulations) as follows.
Omit subsection (5).
In subsection (6), for “and supplemental” substitute “ , supplemental and transitional ”.
In subsection (7), after “19(1)” insert “ , 19A or 19B ”.
In subsection (8)(a)(ii), for “a party to the proceedings” substitute “ any person ”.
In section 21 (interpretation of Part 2), in subsection (4A)(b), for “, 19 and 19A” substitute “ to 19B ”.
Amend section 23 (discontinuance of proceedings in magistrates' courts) as follows.
In subsections (3), (7) and (8), for “justices' chief executive for” substitute “ designated officer for ”.
In subsection (10), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “ Criminal Procedure Rules ”.
Local Government Act 1985 (c. 51)
Omit section 99 (disqualification of justices).
In Schedule 13 (residuary bodies), omit paragraph 13(i).
Transport Act 1985 (c. 67)
Amend section 17 (London taxi and taxi driver licensing: appeals) as follows.
In subsections (2)(b) and (5), for “the appropriate” substitute “ a magistrates' ”.
In subsection (10), omit the definition of “the appropriate court”.
Insolvency Act 1986 (c. 45)
In section 124(1) (application for winding up), for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”.
Amend section 183 (effect of execution or attachment) as follows.
In subsection (2)(b), for “sheriff” substitute “ enforcement officer or other officer charged with the execution of the writ ”.
In subsection (4), for the words from “ “the sheriff”” onwards substitute “ “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003 ”.
Amend section 184 (duties of sheriff) as follows.
In subsection (1), for “sheriff” substitute “ enforcement officer, or other officer, charged with execution of the writ or other process, ”.
In subsections (2), (3) and (4), for “sheriff”, in each place where it occurs, substitute “ enforcement officer or other officer ”.
In subsection (6), for the words from “ “the sheriff”” onwards substitute “ “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003. ”
In the section heading, for “sheriff” substitute “ officers charged with execution of writs and other processes ”.
Amend section 346 (enforcement procedures) as follows.
In subsections (2), (3)(b), (4) and (8)(b), for “sheriff”, in each place where it occurs, substitute “ enforcement officer ”.
In subsection (7), for “a sheriff” substitute “ an enforcement officer ”.
After subsection (8), insert—
Amend section 347 (distress) as follows.
In subsection (6), for “sheriff” substitute “ enforcement officer, ”.
In subsection (7)—
for “a sheriff” substitute “ an enforcement officer ”, and
for “the sheriff” substitute “ the enforcement officer ”.
After subsection (10), insert—
In paragraph 12(1)(d) of Schedule B1 (application for administration order), for “justices' chief executive” substitute “ designated officer ”.
Company Directors Disqualification Act 1986 (c. 46)
In—for “for the same petty sessions” substitute “ in the same local justice ”.
section 2(2)(c) (court which may make disqualification order on conviction of indictable offence),
section 5(2) (disqualification on summary conviction),
Fire Safety and Safety of Places of Sport Act 1987 (c. 27)
In section 41 (interpretation), in the definition of “the court”, omit “acting for the petty sessions area in which it is situated”.
Coroners Act 1988 (c. 13)
In—for “justices' chief executive for” substitute “ designated officer for ”.
sections 16(1)(a) (adjournment of inquest in event of criminal proceedings), and
section 17(1) (supplementary provisions),
Criminal Justice Act 1988 (c. 33)
Amend section 41 (power of Crown Court to deal with summary offence where person committed for either way offence) as follows.
For subsection (8), substitute—
Omit subsection (9).
In subsections (10) and (11)(a), for “justices' chief executive for” substitute “ designated officer for ”.
In section 67(1) (notification of fine imposed by coroner), for “justices' chief executive for” substitute “ designated officer for ”.
Local Government Finance Act 1988 (c. 41)
In—for “, combined fire authority, or magistrates' courts committee” substitute “ or combined fire authority ”.
section 74(1)(c) (levies), and
section 117(5)(c) (rates and precepts: abolition),
Road Traffic Act 1988 (c. 52)
In section 90(1)(a) (application to court for review of conduct of test), omit “acting for the petty sessions area in which he resides”.
In section 100(1) (appeals relating to licences), omit “acting for the petty sessions area in which he resides”.
In section 119(1) (appeal to sheriff)—
omit “acting for the petty sessions area in which the holder of or applicant for the licence resides”, and
for “he” substitute “ the holder of or applicant for the licence ”.
In section 133(1)(a) (review of examinations by magistrates' court), for “the magistrates' court acting for the petty sessions area in which he resides” substitute “ a magistrates' court ”.
Road Traffic Offenders Act 1988 (c. 53)
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In sections 8(a) and 25(2)(a) (notification of date of birth and sex), for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”.
In section 26 (interim disqualification)—
renumber the subsection inserted by paragraph 143(3) of Schedule 13 to the Access to Justice Act 1999 as subsection (7A), and
in that subsection, for “justices' chief executive” substitute “ designated officer ”.
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Amend section 69 (payment of fixed penalty) as follows.
In subsection (1), for “justices' chief executive” substitute “ designated officer for a magistrates' court ”.
In subsection (4), for “justices' chief executive or” substitute “ designated officer or ”.
In section 70(4)(a) (registration certificate), for “justices' chief executive for the petty sessions” substitute “ designated officer for the local justice ”.
Amend section 71 (registration of sums payable in default) as follows.
In subsection (1)—
for “a justices' chief executive” substitute “ the designated officer for a local justice area ”,
for “petty sessions area for which he is the justices' chief executive” substitute “ local justice area for which he is the designated officer ”,
for “acting for” substitute “ acting in ”,
for “other petty sessions” substitute “ other local justice ”, and
for “justices' chief executive for” substitute “ designated officer for ”.
In subsection (2)(c), for “justices' chief executive for the petty sessions” substitute “ designated officer for the local justice ”.
In subsection (2A), for “executives” substitute “ officers ”.
In subsection (6), for “justices' chief executive for a petty sessions” substitute “ designated officer for a local justice ”.
for “petty sessions” substitute “ local justice ”,
for “for that area” substitute “ in that area ”, and
for “justices' chief executive” substitute “ designated officer ”.
In section 75(6) (conditional offer of fixed penalty: fixed penalty clerk), for “justices' chief executive” substitute “ designated officer ”.
Amend section 82 (accounting for fixed penalties) as follows.
In subsection (1), for “section 60 of the Justices of the Peace Act 1997 (application of fines and fees)” substitute “ section 38 of the Courts Act 2003 (application of receipts of designated officers) ”.
Omit subsections (2), (2A) and (3).
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In section 84(c) (power to make regulations prescribing duties), for “justices' chief executives” substitute “ designated officers ”.
Dangerous Dogs Act 1989 (c. 30)
In section 1 (additional powers of court on complaint about dangerous dog) in—for “for the same petty sessions” substitute “ in the same local justice ”.
subsection (4), and
subsection (7),
Extradition Act 1989 (c. 33)
In section 7(3) (rules as to service of documents), for “Rules under section 144 of the Magistrates' Courts Act 1980” substitute “ Criminal Procedure Rules ”.
In section 8(1)(a) (issue of warrant of arrest for purposes of committal), for “the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him” substitute “ a District Judge (Magistrates' Courts) designated by the Lord Chancellor ”.
In section 9(2) (proceedings for committal), for “the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him” substitute “ a District Judge (Magistrates' Courts) designated by the Lord Chancellor ”.
In section 13(5)(a) (return to foreign states – supplementary), for “rules under section 84 of the Supreme Court Act 1981” substitute “ Criminal Procedure Rules ”.
In section 14(2) (simplified procedure)—
for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “ Criminal Procedure Rules ”, and
for the words from “without” to “include power to” substitute “ those rules may ”.
Amend Schedule 1 (provisions deriving from Extradition Act 1870 (c. 52) and associated enactments) as follows.
In paragraph 4(2), for “the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him” substitute “ a District Judge (Magistrates' Courts) designated by the Lord Chancellor ”.
In paragraph 5(1)(a) and (3), for “the Senior District Judge (Chief Magistrate), or another District Judge (Magistrates' Courts) designated by him,” substitute “ a District Judge (Magistrates' Courts) designated by the Lord Chancellor ”.
In paragraph 9(2), for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “ Criminal Procedure Rules ”.
In paragraph 13(1)(a), for “the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him” substitute “ a District Judge (Magistrates' Courts) designated by the Lord Chancellor ”.
In paragraph 5 of Schedule 1A (adaptation of Act where 1995 Convention applies), amend inserted section 14A as follows.
In subsection (4), for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “ Criminal Procedure Rules ”.
In subsection (5)—
for the words from “Without” to “includes power to” substitute “ Criminal Procedure Rules may ”, and
for “a Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him” substitute “ a District Judge (Magistrates' Courts) designated by the Lord Chancellor ”.
Football Spectators Act 1989 (c. 37)
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In—for “for the same petty sessions” substitute “ in the same local justice ”.
section 14G(3) (variation of banning order),
section 14H(6) (termination of banning order),
Amend section 18 (information) as follows.
In subsection (1), for “justices' chief executive for” substitute “ designated officer for ”.
In subsection (2), for “clerk of” substitute “ designated officer for ”.
Omit subsection (4).
In section 20(7) (appeal against refusal to grant exemption), omit “acting for the petty sessions area in which he resides”.
In section 22(2) (banning orders arising out of offences outside England and Wales)—
omit “for any area”,
omit “who resides or is believed to reside in that area”, and
omit “for that area” (in both places).
Children Act 1989 (c. 41)
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Amend section 97 (privacy for children involved in certain proceedings) as follows.
In subsection (1), for “Rules made under section 144 of the Magistrates' Courts Act 1980” substitute “ Family Procedure Rules ”.
Omit subsection (7)(a).
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In paragraph 10(6) of Schedule 1 (jurisdiction to hear application for alteration of maintenance agreement), for “at least one of the parties is resident in the commission area for which the court is appointed” substitute “ the court acts in, or is authorised by the Lord Chancellor to act for, a local justice area in which at least one of the parties is resident ”.
In paragraph 24(6) of Schedule 2 (signature as evidence of contribution order), for “justices' chief executive for” substitute “ designated officer for ”.
Local Government and Housing Act 1989 (c. 42)
In section 39(1) (authorities to which provisions about revenue accounts and capital apply), omit paragraph (ea).
In section 67(3) (authorities to which provisions about interests in companies apply), omit paragraph (ga).
Town and Country Planning Act 1990 (c. 8)
In section 217(2) (appeal to magistrates' court against section 215 notice), omit “acting for the petty sessions area in which the land in question is situated”.
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
In section 47(4) (application to stay compulsory acquisition of listed building in need of repair), omit “acting for the petty sessions area within which the building is situated”.
In section 50(6) (application to court following direction for minimum compensation), omit “acting for the petty sessions area in which the building is situated”.
Computer Misuse Act 1990 (c. 18)
Omit section 11(1) (magistrates' court’s jurisdiction).
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Courts and Legal Services Act 1990 (c. 41)
Omit section 1(12) (duty of Lord Chancellor to prepare annual reports as to the business of the Senior Courts and county courts).
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Criminal Justice Act 1991 (c. 53)
In section 20A(2)(a) (official request for statement of financial circumstances), for “justices' chief executive for” substitute “ designated officer for ”.
Amend section 92 (interpretation of Part 4) as follows.
In subsection (1), omit the definitions of “court-house” and “court security officer”.
Omit subsection (2).
Dangerous Dogs Act 1991 (c. 65)
In section 4 (destruction and disqualification orders)—for “for the same petty sessions” substitute “ in the same local justice ”.
in subsection (6), and
in subsection (9)(d),
Social Security Administration Act 1992 (c. 5)
In section 107 (recovery of expenditure on income support)—
in subsections (5)(c) and (9), for “the clerk to the justices for the petty sessions area for which the court is acting” substitute “ a justices' clerk ”,
in subsections (5) and (11), for “to the justices' chief executive for the court” substitute “ to the designated officer for the court ”, and
in subsection (15), for the definition of “court” substitute—.
In section 121(1) (unpaid contributions – supplementary)—
in paragraph (a), for “rules under section 144 of that Act” substitute “ Criminal Procedure Rules ”, and
in paragraph (b), for “justices' chief executive for” substitute “ designated officer for ”.
Local Government Finance Act 1992 (c. 14)
In section 19(3) (exclusion of Crown exemption), omit paragraph (ea).
Friendly Societies Act 1992 (c. 40)
For section 110 (jurisdiction of magistrates' courts) substitute—
Charities Act 1992 (c. 41)
In section 71(3) (appeals), omit from “and references” onwards.
Protection of Badgers Act 1992 (c. 51)
In section 13 (powers of court where dog used or present at commission of offence)—for “for the same petty sessions” substitute “ in the same local justice ”.
in subsection (5), and
in subsection (9)(c),
Tribunals and Inquiries Act 1992 (c. 53)
In Schedule 1 (tribunals under direct supervision of Council on Tribunals), omit the entry relating to a person appointed under section 54(6) of the Justices of the Peace Act 1997.
Pension Schemes Act 1993 (c. 48)
In section 68(1)(b) (receipt of statement of admission of failure to pay premiums), for “justices' chief executive for” substitute “ designated officer for ”.
Vehicle Excise and Registration Act 1994 (c. 22)
In—for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “ Criminal Procedure Rules ”.
section 51(3)(b)(i) (meaning of “appropriately proved”), and
section 55(2)(a)(ii) (meaning of “appropriately proved”),
Value Added Tax Act 1994 (c. 23)
In section 82(3) (power to appoint officers and staff for carrying out the administrative work of tribunals in England and Wales), for “section 27 of the Courts Act 1971” substitute “ section 2(1) of the Courts Act 2003 ”.
Drug Trafficking Act 1994 (c. 37)
In section 55(7) (power to make rules about orders under section 55), for “Crown Court Rules” substitute “ Criminal Procedure Rules ”.
Road Traffic (New Drivers) Act 1995 (c. 13)
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Merchant Shipping Act 1995 (c. 21)
In section 68(4A) (particulars of fine for not co-operating with inquiry into fitness of seaman)—
for “(1)” substitute “ (4) ”, and
for “justices' chief executive” substitute “ designated officer ”.
Criminal Appeal Act 1995 (c. 35)
In section 22 (meaning of public body etc.), omit subsection (5).
Disability Discrimination Act 1995 (c. 50)
Amend section 38 (appeal against refusal of exemption certificate) as follows.
In subsection (1), for “the appropriate” substitute “ a magistrates' ”.
Omit subsection (3).
Reserve Forces Act 1996 (c. 14)
In paragraph 7(3A) of Schedule 2 (fee payable on delivery into military, air-force or naval custody of person dealt with by court of summary jurisdiction as illegally absent), for “justices' chief executive” substitute “ designated officer ”.
In paragraph 9(4) of Schedule 3 (certificate as proof of outcome of civil trial), for “justices' chief executive” substitute “ designated officer ”.
Police Act 1996 (c. 16)
In section 5(2) (consultation before reduction in size of police authority)—
at the end of paragraph (a), insert “ and ”, and
omit paragraph (c) and “and” before it.
In section 5C(3) (consultation before reduction in size of Metropolitan Police Authority)—
at the end of paragraph (a), insert “ and ”, and
omit paragraph (c) and “and” before it.
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Criminal Procedure and Investigations Act 1996 (c. 25)
Amend section 19 (rules of court) as follows.
In subsection (1), for the words from the beginning to “sections” substitute “ The power to make Criminal Procedure Rules ”.
In subsection (3), for “Rules made under section 144 of the Magistrates' Courts Act 1980” substitute “ Criminal Procedure Rules made ”.
In section 20(3) (rules as to disclosure), for the words from “Without” to “that section” substitute “ The power to make Criminal Procedure Rules ”.
In section 33 (Crown Court Rules)—
in subsections (1) and (2), for “Crown Court Rules” substitute “ Criminal Procedure Rules ”, and
for the section heading, substitute “ Criminal Procedure Rules ”.
In paragraph 4 of Schedule 2 (rules about statements and depositions), for the words from “Without prejudice” to “includes power to” substitute “ Criminal Procedure Rules may ”.
National Minimum Wage Act 1998 (c. 39)
After section 45 insert—
Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11)
In section 9(9) (application for termination of disqualification), for “for the same petty sessions” substitute“ in the same local justice ”.
Youth Justice and Criminal Evidence Act 1999 (c. 23)
In each of the following provisions, for “rules of court” substitute “ Criminal Procedure Rules ”
section 20(6) (applications about special measures directions);
section 27(4)(b) (video recorded evidence in chief);
section 37(5) (applications about directions under section 36);
section 38(6) and (7) (defence representation for purposes of cross-examination);
section 43(3) (procedure on applications under section 41);
section 65(1) (power to make rules for purposes of Act).
In section 24 (evidence by live link), omit subsections (5) to (7).
In section 44(11) (restrictions on reporting of offences), for “rules of court” substitute “ Criminal Procedure Rules in England and Wales, or rules of court in Northern Ireland ”.
Omit section 65(2) (meaning of “rules of court”).
Terrorism Act 2000 (c. 11)
Amend Schedule 4 (forfeiture orders) as follows.
In paragraph 4(1), for “justices' chief executive” (in each place) substitute “ designated officer ”.
In paragraph 13(5)(b), for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”.
In paragraph 46(2)(a), for “section 60 of the Justices of the Peace Act 1997 (application of fines, etc.)” substitute “ section 38 of the Courts Act 2003 (application of receipts of designated officers) ”.
Amend Schedule 5 (terrorist investigations: information) as follows.
In paragraph 10(2), for “Crown Court Rules” substitute “ Criminal Procedure Rules ”.
In paragraph 18, after paragraph (d) insert—.
Amend paragraph 4 of Schedule 6 (procedure on application for provision of financial information) as follows.
In sub-paragraph (1), for “Crown Court Rules” substitute “ Criminal Procedure Rules ”.
After sub-paragraph (2) insert—
In paragraph 29(4)(a) of Schedule 8(extension of detention: meaning of judicial authority), omit “the Senior District Judge (Chief Magistrate) or his deputy, or”.
Freedom of Information Act 2000 (c. 36)
In Schedule 1 (public authorities), omit paragraph 34.
Criminal Justice and Court Services Act 2000 (c. 43)
In paragraph 2(2) of Schedule 1 (constitution of local probation boards), for “or a Recorder” substitute “ , a Recorder or a District Judge (Magistrates' Courts) ”.
Vehicles (Crime) Act 2001 (c. 3)
In section 38(5) (unified power to fund speed cameras)—
at the end of paragraph (b) insert “ and ”, and
omit paragraph (c).
Private Security Industry Act 2001 (c. 12)
Amend section 11 (appeals in licensing matters) as follows.
In subsection (1), for “the appropriate” substitute “ a ”.
Omit subsection (3).
In subsection (6)(d)—
omit “appropriate”, and
for “that” substitute “ the ”.
Amend section 18 (appeals relating to approvals) as follows.
In subsection (1), for “the appropriate” substitute “ a ”.
Omit subsection (3).
In subsection (5)(d)—
omit “appropriate”, and
for “that” substitute “ the ”.
Criminal Justice and Police Act 2001 (c. 16)
In section 3(3)(f) (penalty notice for disorderly behaviour), for “justices' chief executive” substitute “ designated officer for a local justice area ”.
In section 7(1) (payment of penalty), for “justices' chief executive” substitute “ designated officer ”.
In section 8(2) (certificate that sum is registrable for enforcement as a fine), for “justices' chief executive for the petty sessions” substitute “ designated officer for the local justice ”.
Amend section 9 (registration of sums payable in default) as follows.
In subsection (1), for “justices' chief executive for a petty sessions” substitute “ designated officer for a local justice ”.
In subsection (2)(b), for “appropriate justices' chief executive” substitute “ designated officer for the local justice area in which the defaulter resides ”.
In subsection (3), for “justices' chief executive” substitute “ designated officer ”.
In section 21(5) (closure of unlicensed premises), for “justices' chief executive” substitute “ designated officer ”.
In section 22(5)(a) (termination of closure order), for “justices' chief executive” substitute “ designated officer ”.
International Criminal Court Act 2001 (c. 17)
In—for “rules under section 144 of the Magistrates' Courts Act 1980 (c. 43)” substitute “ Criminal Procedure Rules ”.
section 7(3) (form of consent to surrender), and
section 13(3) (form of waiver of right to review),
In section 26 (meaning of “appropriate judicial officer”), in the definition of “appropriate judicial officer” omit paragraph (a).
In paragraph 5(2) of Schedule 5 (orders under Part 1), after “by” insert “ Criminal Procedure Rules or, in Northern Ireland, ”.
Proceeds of Crime Act 2002 (c. 29)
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In section 54(6) and (7) (payments by enforcement receivers), for “justices' chief executive” substitute “ designated officer ”.
Amend section 55 (sums received by justices' chief executive) as follows.
For “justices' chief executive”, in each place (including the section heading) substitute “ designated officer ”.
In subsection (2), for “chief executive's” substitute “ designated officer's ”.
In subsection (6), for “section 60 of the Justices of the Peace Act 1997 (c. 25)” substitute “ section 38 of the Courts Act 2003 ”.
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In section 91 (Crown Court Rules) for “Crown Court Rules or (as the case may be) Criminal Appeal Rules” substitute “ Criminal Procedure Rules ”.
Adoption and Children Act 2002 (c. 38)
In section 13(2) (requirement to provide information relating to adoption), for “justices' chief executive” substitute “ designated officer ”.
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Amend section 141 (rules of procedure) as follows.
In subsection (1), for “The Lord Chancellor may make rules” substitute “ Family Procedure Rules may make provision ”.
Omit subsection (2).
In section 144(1) (interpretation), for the definition of “rules” substitute—.
Transitional provisions and savings
Interpretation
In this Schedule “the JPA 1997” means the Justices of the Peace Act 1997.
Orders contracting out the provision of officers and staff
Any order which, immediately before section 2 comes into force, was in force under section 27(3) of the Courts Act 1971, including, in particular, any order made under section 27(3) by virtue of —shall have effect as if made under section 2 for the purpose of discharging the Lord Chancellor’s general duty in relation to the courts (and may be amended or revoked accordingly).
section 4(7) of the Taxes Management Act 1970, or
section 82(3) of the Value Added Tax Act 1994,
Local justice areas
The first order under section 8 must specify as a local justice area each area which was a petty sessions area immediately before the time when that section comes into force.
Appointment and assignment of lay justices
appointed under section 10(1) as a lay justice for England and Wales, and
assigned under section 10(2)(a) to the local justice area which—
is specified as such in the first order under section 8, and
immediately before section 10 comes into force, was the petty sessions area in and for which he ordinarily acted.
The supplemental list
The existing supplemental list shall have effect as the supplemental list required to be kept by section 12; and any name which, immediately before that section comes into force, was included in that list under a provision listed in column 1 of the table shall be treated as having been entered in the list under the provision listed in column 2—
“The existing supplemental list” means the supplemental list having effect under the JPA 1997 immediately before section 12 comes into force.
Keepers of the rolls
is specified as such in the first order under section 8, and
immediately before section 16 comes into force, formed part of, or consisted of, that commission area.
Chairman and deputy chairmen of the bench
A person who, immediately before section 17 comes into force, was under section 22 of the JPA 1997 the chairman (or a deputy chairman) of the justices for a petty sessions area shall be treated as having been chosen under section 17 as the chairman (or a deputy chairman) of the lay justices assigned to the corresponding local justice area specified in the first order under section 8.
Senior District Judge (Chief Magistrate)
Justices' clerks and assistant clerks
A person who—shall be treated as having been designated as a justices' clerk under section 27(1)(b) and assigned under section 27(3)(a) to the corresponding local justice area (or areas) specified in the first order under section 8.
immediately before section 27 comes into force, was a justices' clerk for a petty sessions area (or areas), and
is transferred to the Lord Chancellor’s employment by virtue of paragraph 11 of Schedule 2,
A person who—shall be treated as having been designated as an assistant to a justices' clerk under section 27(5)(b).
immediately before section 27 comes into force, was employed to assist a justices' clerk by acting as a clerk in court in proceedings before a justice or justices, and
is transferred to the Lord Chancellor’s employment by virtue of paragraph 11 of Schedule 2,
Any regulations made under—and in force immediately before paragraph 20 of Schedule 4 to the JPA 1997 is repealed by this Act shall continue to have effect and may be revoked or amended despite the repeal by the Justices of the Peace Act 1979 of the provisions under which they were made.
section 42 of the Justices of the Peace Act 1949 (compensation in connection with Parts 2 and 3 of the 1949 Act), or
The power to make amendments by virtue of sub-paragraph (1) of regulations falling within paragraph (a) of that sub-paragraph shall extend to making provision—
for compensation to or in respect of persons falling within sub-paragraph (3) to be payable if such persons suffer loss of employment, or loss or diminution of emoluments, attributable to anything done under Part 2;
for the determination by persons other than magistrates' courts committees of claims for compensation to be made;
for the payment by the Lord Chancellor of compensation payable under the regulations.
A person falls within this sub-paragraph if—
on 2nd February 1995 he held the office of justices' clerk or was employed to assist a justices' clerk, and
is transferred to the Lord Chancellor’s employment by virtue of paragraph 11 of Schedule 2.
A person who under regulations made by virtue of sub-paragraph (2)(a) is entitled to compensation in respect of anything done under Part 2 is not entitled to compensation in respect of that thing under a scheme made under section 1 of the Superannuation Act 1972 by virtue of section 2(2)(a) of that Act.
Family proceedings courts
Youth courts
Inspectors of court administration
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Collection of fines and discharge of fines by unpaid work
Register of judgments and orders
The register having effect under section 73 of the County Courts Act 1984 immediately before section 98 comes into force shall be treated as part of the register required to be kept under section 98.
Repeals
In section 4, “of the same commission area”.
In section 16, “of the county, riding, division, or place”.
In section 1, “acting for any commission area, in petty sessions assembled”.
In section 2, “for the said (county, riding, or division, as the case may be)”.
In section 3, the words from “The word “justice”” to “acting together:”.
In section 46, “in petty sessions”.
In section 59, “, and assembled in petty sessions,”.
In section 44, “under their hands”.
In section 65, “under his hand and seal”.
In section 1, the words from “; and the words “justice” and “justices”” onwards.
In section 2, “England and”.
In section 3, “in England in the same manner as penalties under the Game Act 1831 and”.
Section 101.
Schedule 2.
Section 25(1).
In section 28(1), in the definition of “prescribed”, “England or”, “by rules made under section fifteen of the Justices of the Peace Act 1949, or” and “as the case may be,”.
In section 7(1), “acting for the petty sessions area in which the land is situated”.
In section 8(2), “acting for the petty sessions area in which the land to which the site licence relates is situated”.
In section 32(1)(c), “acting for the petty sessions area in which the land is situated”.
In section 2(3), “Except in a case involving sentence of death,”.
Section 3.
Section 17(1).
Schedule 2.
In section 31A(2), at the end of paragraph (b) “and”.
Section 48.
Schedule 4.
In section 36(1), at the end of paragraph (f) “and”.
In section 36A(1), at the end of paragraph (a) “and”.
Section 55.
Schedule 2.
Schedule 3.
In Schedule 8, paragraphs 17 and 49.
In section 21(1), “in England and Wales or”, “by rules made under section 144 of the Magistrates' Courts Act 1980 or”, and “as the case may be,”.
In section 34A(4), omit “the clerk of”.
In section 5, “Paragraph 7 of”.
In Schedule 1, paragraphs 7 to 7B and 10(1).
In section 10, “and for this purpose “the judge” means any judge of the High Court or any Circuit judge or Recorder”.
In Schedule 1, in Group B, “Justices' chief executives,”.
In section 2, the definitions of “Crown Court rules”, “magistrates' courts rules” and “Supreme Court rules”.
In section 5B(8), “for the petty sessions area in which he was arrested”.
In section 7(4)(a), “for the petty sessions area in which he was arrested”.
In section 8(5)(b), “for the petty sessions area in which he resides”.
In section 88(1), the definition of “rules”.
In Schedule 2, paragraphs 2, 6 and 9.
Section 48(4).
In section 70(2)(a), the words “, or in the case of the Official Solicitor a solicitor,”.
In section 73, in subsection (1), “Subject to subsection (2)”, and subsection (2).
In Schedule 1, in paragraph 1(2) “Except in a case involving sentence of death,” and paragraph 2.
In Schedule 3, the entry relating to the Official Solicitor.
Section 1(2), (5) and (8).
Section 3.
Section 3B.
In section 60(4), “the clerk of”.
Section 68.
Section 87(4).
Section 87A(2).
In section 97(1), “for any commission area” and “for that commission area”.
In section 97A(1), “for any commission area” and paragraph (c) and “and” before it.
In section 116, in subsection (1), “for any area to which this section applies”, from “, if the complaint” to “for that area,” and “for that area” (in the second place) and subsection (3).
In section 121, subsection (3) and, in subsection (5), “, or sitting in an occasional court-house”.
Section 125B(3).
In section 125C, in subsection (1), “appointed by, or member of the staff of, his magistrates' courts committee” and, in subsection (2), in the definition of “a section 125A warrant”, from “and” onwards.
Sections 137 and 138.
Section 141.
In section 144, in subsection (2) “the President of the Family Division of the High Court, the Senior District Judge (Chief Magistrate)” and subsection (5).
In section 145, in subsection (1) paragraphs (aa), (f) and (i) and subsection (4).
Sections 146 and 147.
Section 149.
In section 150(1), the definitions of “petty-sessional court-house”, “the register” and “the rules”.
Section 153.
Schedule 6.
In Schedule 7, paragraphs 5, 8, 101(a), 106, 107, 113, 131 and 151.
Section 56A.
Section 76(4).
In section 92, in subsection (2), “except the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals” and subsections (2D) and (2E).
Section 130.
Sections 138, 138A and 138B.
In section 151(1), in the definition of “prescribed”, paragraph (b) and “and” before it.
In Schedule 5, paragraph 1 of the entry relating to the Foreign Judgments (Reciprocal Enforcement) Act 1933, the entry relating to the Criminal Justice Act 1948, and paragraph 2 of the entry relating to the Evidence (Proceedings in Other Jurisdictions) Act 1975.
Sections 73 and 73A.
Section 99(4)(b).
Section 128.
In section 147(1), the definition of “fees orders”.
In Schedule 2, paragraph 43.
In Schedule 1, paragraph 13(b).
In section 40(1), “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”.
In section 55(1), “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”.
Section 99.
In Schedule 13, paragraph 13(i).
In section 90(1)(a), “acting for the petty sessions area in which he resides”.
In section 100(1), “acting for the petty sessions area in which he resides”.
In section 119(1), “acting for the petty sessions area in which the holder of or applicant for the licence resides”.
Section 7(10)(c) and the word “and” immediately preceding it.
Section 18(4).
In section 20(7), “acting for the petty sessions area in which he resides”.
In section 22(2), “for any area”, “who resides or is believed to reside in that area” and (in both places) “for that area”.
Section 97(7)(a).
In Schedule 11, in paragraph 8, sub-paragraphs (d) to (g).
Section 39(1)(ea).
Section 67(3)(ga).
In section 47(4), “acting for the petty sessions area within which the building is situated”.
In section 50(6), “acting for the petty sessions area in which the building is situated”.
Section 11(1).
In section 16(10), “and subsection (6) shall be omitted”.
Section 1(12).
Section 15(1).
In Schedule 17, paragraph 14.
In Schedule 18, paragraph 50.
In Schedule 19, paragraph 7.
In section 92, in subsection (1), the definitions of “court-house” and “court security officer” and subsection (2).
In Schedule 11, in paragraph 40(2)(a), “and Schedule 2” and in paragraph 41(2), paragraphs (a) and (e).
In Schedule 5, in the entry for the Judicature (Northern Ireland) Act 1978 the words “or 75(1)”.
In Schedule 6, paragraph 14(5) and (7).
Section 5(2)(c) and “and” before it.
Section 5C(3)(c) and “and” before it.
In Schedule 2, in paragraph 19(2)(a), “or 8”.
In Schedule 2A, in paragraph 14(2)(a), “or 5”.
In Schedule 2, paragraph 3.
Section 10.
Section 12(4).
Section 77.
Section 78(1).
Section 90(2) to (5).
Section 91.
Section 93(1).
Section 98(1).
In Schedule 4, paragraph 20.
In Schedule 10, paragraphs 1 to 5, 6, 7, 9 to 12, 14 to 16, 18 to 20, 21(a), 30(4)(b), 32, 35 36, 39, and 47 to 53.
In Schedule 11, paragraphs 3, 6(a), 12, 18, 28, 29, 30, 32, 36(3) and (4)(a), and 43 to 50.
Schedule 12.
In Schedule 13, paragraphs 1, 5, 6, 7, 10, 11, 13(2), 14, 15, 25 to 31, 59(2), (3)(a) and (4), 60, 65, 66, 68, 69, 72, 73(4), 74, 77, 78, 81, 82, 89 to 93, 96 to 112, 114 to 118, 122(2), 126, 127, 129 to 131, 135 to 138, 147 to 149, 150(3), 153(a), 154 to 156, 159 to 162, 165, 167 to 169 and 171.
Section 24(5) to (7).
Section 65(2).
In Schedule 27, paragraph 108.
In Schedule 29, paragraph 62.
Section 17.
In Schedule 7, paragraphs 84 to 86.
Section 38(5)(c).
In the Schedule, paragraphs 7 to 10.
In section 11, subsection (3) and, in subsection (6)(d), “appropriate”.
In section 18, subsection (3) and, in subsection (5)(d), “appropriate”.
Section 141(2).
In Schedule 3, paragraph 44.