Courts Act 1971

1971 CHAPTER 23

An Act to make further provision as respects the Supreme Court and county courts, judges and juries, to establish a Crown Court as part of the Supreme Court to try indictments and exercise certain other jurisdiction, to abolish courts of assize and certain other courts and to deal with their jurisdiction and other consequential matters, and to amend in other respects the law about courts and court proceedings.

[12th May 1971]

Extent Information

E1 For extent see s. 59(5)(6)(7).

Commencement Information

I1 Act not in force at Royal Assent see s. 59(2); Act wholly in force at 1. 1. 1972.

F1 Part I E+W Introductory

Textual Amendments

F1 Pts. I, II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

F1 1 The Supreme Court. E+W

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F1 2 Location of sittings and business of High Court. E+W

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F1 3 Abolition of courts of quarter sessions. E+W

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F1 Part II E+W+S The Crown Court

F1 4 Establishment of the Crown Court. E+W

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F1 5 Justices as judges of Crown Court. E+W

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Trial on indictment E+W

F1 6 Exclusive jurisdiction in trial on indictment. E+W

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F1 7 Committal for trial on indictment. E+W

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Other jurisdiction E+W

F1 8 Transfer to Crown Court of quarter sessions jurisdiction. E+W

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F1 9 Appeals to Crown Court. E+W

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F1 10 High Court jurisdiction in Crown Court proceedings. E+W

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Trial on indictment and other jurisdiction E+W

F1 11 Sentences imposed and other decisions made by Crown Court. E+W

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F1 12 Right of audience. E+W

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[F1 13 Process to compel appearance before Crown Court. E+W+S

(1) [F2 Any direction to appear and] any condition of a recognizance to appear before the Crown Court, and any summons or order to appear before the Crown Court, may be framed so as to require appearance at such time and place as may be directed by the Crown Court, and if a time or place is specified in the [F2 direction] condition, summons or order, it may be varied by any subsequent direction of the Crown Court.

(2) Where an indictment has been signed although the person charged has not been committed for trial, the Crown Court may issue a summons requiring that person to appear before the Crown Court, or may issue a warrant for his arrest.

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F4 The Crown Court may grant bail to any person]—

(a) who has been committed in custody for appearance before the Crown Court, or

(b) who is in custody pursuant to a sentence imposed by a magistrates’ court, and who has appealed to the Crown Court against his conviction or sentence, or

(c) who is in the custody of the Crown Court pending the disposal of his case by the Crown Court, or

(d) who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or

(e) who has applied to the High Court for an order of certiorari to remove proceedings in the Crown Court in his case into the High Court, or has applied to the High Court for leave to make such an application,

and the time during which a person is [F4 released on] bail under any provision of this subsection shall not count as part of any term of imprisonment or detention under his sentence.

(5) Provision may be made by Crown Court rules as respects the powers of the Crown Court relating to bail, including any provision—

[F5 (a) except in the case of bail in criminal proceedings, allowing the court, instead of requiring a person to enter into a recognizance to consent to his giving other security,]

(b) allowing the court to direct that a recognizance shall be entered into or other security given before a magistrates’ court or a justice of the peace, or, if the rules so provide, a person of such other description as is specified in the rules,

(c) prescribing the manner in which a recognizance is to be entered into or other security given, and the persons by whom and the manner in which the recognizance or security may be enforced,

(d) authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody in pursuance of the powers,

(e) making provision corresponding to sections 94 and 95 of the M1 Magistrates’ Courts Act 1952 (varying or dispensing with requirements as to sureties, and postponement of taking recognizances).

Any reference in any enactment to a recognizance shall include, unless the context otherwise requires, a reference to any other description of security given instead of a recognizance, whether in pursuance of paragraph (a) above or otherwise.

(6) The Crown Court, on issuing a warrant for the arrest of any person, may endorse the warrant for bail, and in any such case—

(a) the person arrested under the warrant shall, unless the Crown Court otherwise directs, be taken to a police station, and

(b) the officer in charge of the station shall release him from custody if he, and any sureties required by the endorsement and approved by the officer, enter into recognizances of such amount as may be fixed by the endorsement.

[F6 Provided that in the case of bail in criminal proceedings, the person arrested shall not be required to enter into a recognizance.]

(7) A person in custody in pursuance of a warrant issued by the Crown Court with a view to his appearance before the Crown Court shall be brought forthwith before either the Crown Court or a magistrates’ court, and if he is brought before a magistrates’ court—

(a) the court shall commit him in custody or release him on bail until he can be brought or appear before the Crown Court at the time and place appointed by the Crown Court,

(b) if the warrant is endorsed for bail, but the person in custody is unable to satisfy the conditions endorsed, the magistrates’ court may vary those conditions, if satisfied that it is proper to do so.

(8) Section 4 of the M2 Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to process issued under this section as it applies to process issued under the M3 Magistrates’ Courts Act 1952 by a magistrates’ court.

(9) A magistrates’ court shall have jurisdiction, and a justice of the peace may act, under or in pursuance of this section whether or not the offence was committed, or the arrest was made, within the court’s area, or the area for which he was appointed.

[F7 (10) In this section “bail in criminal proceedings” has the same meaning as in the M4 Bail Act 1976.]]

Textual Amendments

F2 Words inserted by Bail Act 1976 (c. 63), Sch. 2 para. 48(1)(2)

F3 S. 13(3) repealed by Bail Act 1976 (c. 63), Sch. 3

F4 Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 48(1)(3)

F5 S. 13(5)(a) substituted by Bail Act 1976 (c. 63), Sch. 2 para. 48(1)(4)

F6 Proviso added by Bail Act 1976 (c. 63), Sch. 2 para. 48(1)(5)

F7 S. 13(10) added by Bail Act 1976 (c. 63), Sch. 2 para. 48(1)(6)

Marginal Citations

M1 1952 c. 55.

M2 1881 c. 24.

M3 1952 c. 55.

M4 1976 c. 63.

F1 14 Practice and procedure: power to make rules. E+W

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F1 15 Crown Court rules. E+W

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Part III E+W Judges

16 Appointment of Circuit Judges. E+W

(1) Her Majesty may from time to time appoint as Circuit judges, to serve in the Crown Court and county courts and to carry out such other judicial functions as may be conferred on them under this or any other enactment, such qualified persons as may be recommended to Her by the Lord Chancellor.

(2) The maximum number of Circuit judges shall be such as may be determined from time to time by the Lord Chancellor with the concurrence of the Minister for the Civil Service.

(3) No person shall be qualified to be appointed a Circuit judge [F8 unless—

[F9 (a) he satisfies the judicial-appointment eligibility condition on a 7-year basis;]

(b) he is a Recorder; or

(c) he has held as a full-time appointment for at least 3 years one of the offices listed in Part IA of Schedule 2.]

(4) Before recommending any person to Her Majesty for appointment as a Circuit judge, the Lord Chancellor shall take steps to satisfy himself that that person’s health is satisfactory.

(5) The provisions of Part I of Schedule 2 to this Act shall have effect with respect to the appointment as Circuit judges of the holders of certain judicial offices, and the supplementary provisions in Part II of that Schedule shall have effect.

Textual Amendments

F8 S. 16(3)(a)–(c) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 31(1)

F9 S. 16(3)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 9(2); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

Modifications etc. (not altering text)

C1 S. 16(3)(c) modified by Courts and Legal Services Act 1990 (c. 41, SIF 37, 76:1), s. 125(6), Sch. 19 para. 5

17 Retirement, removal and disqualifications of Circuit judge. E+W

[F10 (1) Subject to subsection (4) below and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75), a Circuit judge shall vacate his office on the day on which he attains the age of 70.]

F11 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Lord Chancellor may, if he thinks fit [F12 and if the Lord Chief Justice agrees]F12 , remove a Circuit judge from office on the ground of incapacity or misbehaviour.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F10 S. 17(1) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 8(2); S.I. 1995/631, art. 2

F11 S. 17(2)(3) repealed (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 8(3)(4), Sch.9; S.I. 1995/631, art. 2

F12 Words in s. 17(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 68; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F13 S. 17(5) repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 3 Pt. I

F14 S. 17(6) repealed by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20

18 Salaries and allowances of Circuit judges. E+W

(1) Subject to Part II of Schedule 2 to this Act, there shall be paid to each Circuit judge such salary as may be determined by the Lord Chancellor with the consent of the Minister for the Civil Service.

(2) Every salary payable under this section—

(a) shall be charged on and paid out of the Consolidated Fund;

(b) shall begin from the date of appointment and accrue due from day to day;

(c) shall be payable at such intervals, not exceeding three months, as the Treasury may determine; and

(d) may be increased, but not reduced, by a further determination under this section.

F15 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) became a Circuit judge by virtue of having held any of the offices specified in paragraph 1 of Schedule 2 to this Act, and

(b) held that office before 10th May 1967 (that is to say before the passing of the M5 Superannuation (Miscellaneous Provisions) Act 1967).

(5) There shall be paid to Circuit judges out of money provided by Parliament such allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.

Textual Amendments

F15 S. 18(3) repealed by Courts and Legal Services Act 1990 (c. 41, SIF 37, 76:1), ss. 84(c), 125(7), Sch. 20

F16 S. 18(4) repealed by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20

Modifications etc. (not altering text)

C2 S. 18 modified (9.11.1998) by 1998 c. 42, s. 18(4)(d) (with ss. 7(8), 22(5))

S. 18 modified (27.9.1999) by 1999 c. 22, ss. 68(3)(a), 108(3)(b) (with Sch. 14 para. 7(2))

Marginal Citations

M5 1967 c. 28.

19

F17 (1)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The decision of the Minister for the Civil Service shall be final on any question arising with regard to—

(a) the application of any of the provisions of this section to any person, or

F20 (b)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 S. 19(1)–(4) repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(2), Sch. 4

F18 S. 19(5) repealed by Courts and Legal Services Act 1990 (c. 41, SIF 37, 76:1), s. 125(7), Sch. 20 (subject to a saving in s. 125(6), Sch. 19 para. 10(3))

F19 S. 19(6) repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(2), Sch. 4

F20 S. 19(7) paragraphs (b) and (c) repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(2), Sch. 4

20 Judges of county courts. E+W

[F21 (1) Every Circuit judge shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales, and the Lord Chancellor shall assign one or more Circuit judges to each district and may from time to time vary the assignment of Circuit judges among the districts.

(2) Subject to any directions given by or on behalf of the Lord Chancellor, in any case where more than one Circuit judge is assigned to a district under subsection (1) above, any function conferred by or under the M6 County Courts Act 1959 on the judge for a district may be exercised by any of the Circuit judges for the time being assigned to that district.

(3) The following, that is—

• every judge of the Court of Appeal,

• every judge of the High Court,

• every Recorder,

shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales and if he consents to do so, shall sit as such a judge at such times and on such occasions as the Lord Chancellor considers desirable.

(4) Notwithstanding that he is not for the time being assigned to a particular district, a Circuit judge—

(a) shall sit as a judge of that district at such times and on such occasions as the Lord Chancellor may direct; and

(b) may sit as a judge of that district in any case where it appears to him that the judge of that district is not, or none of the judges of that district is, available to deal with the case.]

(5) F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Nothing in this Act shall affect the operation, in relation to the superannuation and other benefits payable to or in respect of persons who ceased to be judges of county courts before the day appointed for the coming into force of section 16(5) of this Act, of any enactment repealed or amended by this Act.

Textual Amendments

F21 S. 20(1)–(4) repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

F22 S. 20(5)(6) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Marginal Citations

M6 1959 c. 22.

21 Appointment of Recorders. E+W

(1) Her Majesty may from time to time appoint qualified persons, to be known as Recorders, to act as part-time judges of the Crown Court and to carry out such other judicial functions as may be conferred on them under this or any other enactment.

(2) Every appointment of a person to be a Recorder shall be of a person recommended to Her Majesty by the Lord Chancellor, and no person shall be qualified to be appointed a Recorder unless [F23 he satisfies the judicial-appointment eligibility condition on a 7-year basis.F23 ]

[F24 (3) The appointment of a person as a Recorder shall specify the following—

(a) the term for which he is appointed;

(b) the frequency and duration of the occasions during that term on which he will be required to be available to undertake the duties of a Recorder;

(c) the circumstances in which the Lord Chancellor may—

(i) decline to extend the term of the appointment, or

(ii) terminate the appointment,

(other than those in subsection (4C)(a) or (b) and subsection (6)(a) or (b)).

(4) Circumstances may be specified under subsection (3)(c) in an appointment only if the Lord Chief Justice agrees.

(4A) Subject to subsections (4B) to (5), the Lord Chancellor must extend the term of a Recorder's appointment (including a term already extended under this subsection) before its expiry, for such term as the Lord Chancellor thinks appropriate.

(4B) The Lord Chancellor must not extend the term of a Recorder's appointment unless the Recorder agrees to the extension.

(4C) The Lord Chancellor may, with the agreement of the Lord Chief Justice, decline to extend the term of a Recorder's appointment on any of these grounds—

(a) the incapacity or misbehaviour of the Recorder;

(b) a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;

(c) one or more of the circumstances specified under subsection (3)(c) in his appointment applies.]

F24 (5) Neither the initial term for which a Recorder is appointed nor any extension of that term under subsection (4) above shall be such as to continue his appointment as a Recorder after [F25 the day on which he attains the age of seventy, but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).].

[F26 (6) The Lord Chancellor may, with the agreement of the Lord Chief Justice, terminate the appointment of a Recorder on any of these grounds—

(a) the incapacity or misbehaviour of the Recorder;

(b) a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;

(c) one or more of the circumstances specified under subsection (3)(c) in his appointment applies.]

F26 (7) There shall be paid to Recorders out of money provided by Parliament such remuneration and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.

Textual Amendments

F23 Words in s. 21(2) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 9(3); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F24 S. 21(3)-(4C) substituted (3.4.2006) for s. 21(3)(4) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 69(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F25 Words in s. 21(5) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 9(1); S.I. 1995/631, art. 2

F26 S. 21(6) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 69(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

22 Oaths to be taken by Circuit judges and Recorders. E+W

(1) Subject to the following provisions of this section, every Circuit judge and every Recorder shall take the oath of allegiance and the judicial oath; and the M7 Promissory Oaths Act 1868 shall have effect as if the officers named in the Second Part of the Schedule to that Act included Circuit judges and Recorders.

(2) Notwithstanding anything in the M8 Promissory Oaths Act 1871, a Circuit judge shall take the oaths referred to in subsection (1) above before the [F27 Lord Chief Justice], and a Recorder shall take those oaths before a judge of the Court of Appeal or of the High Court or a Circuit judge.

(3) Nothing in this section shall require an oath to be taken by a person who becomes a Circuit judge in accordance with any provision of Part I of Schedule 2 to this Act.

[F28 (3A) 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).]

Textual Amendments

F27 Words in s. 22(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 70(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F28 S. 22(3A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 70(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

Marginal Citations

M7 1868 c. 72.

M8 1871 c. 48.

[F29 23 Circuit judge or Recorder sitting as High Court Judge. E+W

(1) If requested to do so by or on behalf of the Lord Chancellor, a Circuit judge or Recorder shall sit as a judge of the High Court for the hearing of such case or cases or at such place and for such time as may be specified by or on behalf of the Lord Chancellor.

(2) So long as a Circuit judge or Recorder sits as a judge of the High Court in pursuance of a request under this section he shall be treated, subject to subsection (3) below, for all purposes as, and accordingly may perform any of the functions of, a puisne judge of the High Court.

(3) A Circuit judge or Recorder sitting as a judge of the High Court in pursuance of a request under this section shall not be treated as a judge of the High Court for the purpose of any provision made by or under any enactment and relating to—

(a) the appointment, retirement, removal or disqualification of judges of the High Court,

(b) the tenure of office and oaths to be taken by such judges, or

(c) the remuneration, allowances or pensions of such judges.

(4) Where a Circuit judge or Recorder is requested to sit as a judge of the High Court for a period of time then, notwithstanding the expiry of that time, he may attend at the High Court for the purpose of continuing to deal with, giving judgment in, or dealing with any ancillary matter relating to, any case which may have been begun before him when sitting as a judge of that court, and for that purpose and for the purpose of any proceedings subsequent thereon he shall be treated as a judge of the High Court.]

Textual Amendments

F29 S. 23 repealed (E.W.) by Supreme Courts Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[F30 24 Deputy Circuit judges and assistant Recorders. E+W

(1) If it appears to [F31 him]F31 that it is expedient as a temporary measure to make an appointment under this section in order to facilitate the disposal of business in the Crown Court or a county court or official referees’ business in the High Court, F32 ...—

[F33 (a) the Lord Chancellor may, with the concurrence of the Lord Chief Justice, appoint to be a deputy Circuit judge, during such period or on such occasions as the Lord Chancellor thinks fit, any person who has held office as a judge of the Court of Appeal or of the High Court or as a Circuit judge;]

F33 (b) [F34 the Lord Chancellor may]F34 appoint to be an assistant Recorder, during such period or on such occasions as he thinks fit, [F35 any person who satisfies the judicial-appointment eligibility condition on a 7-year basis.F35 ]

[F36 (1A) No appointment of a person under subsection (1) above shall be such as to extend—

(a) in the case of appointment as a deputy Circuit judge, beyond the day on which he attains the age of seventy-five; or

(b) in the case of appointment as an assistant Recorder, beyond the day on which he attains the age of seventy;

but paragraph (b) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).]

(2) Except as provided by subsection (3) below, during the period or on the occasions for which a deputy Circuit judge or assistant Recorder is appointed under this section he shall be treated for all purposes as, and accordingly may perform any of the functions of, a Circuit judge or a Recorder, as the case may be.

(3) A deputy Circuit judge appointed under this section shall not be treated as a Circuit judge for the purpose of any provision made by or under any enactment and relating to the appointment, retirement, removal or disqualification of Circuit judges, the tenure of office and oaths, to be taken by such judges, or the remuneration, allowances or pensions of such judges; and section 21 of this Act shall not apply to an assistant Recorder appointed under this section.

F37 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) There shall be paid out of money provided by Parliament to deputy Circuit judges and assistant Recorders appointed under this section such remuneration and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.]

[F38 (6) 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)(a).F38 ]

Textual Amendments

F30 S. 24 with subsections (1)–(5) substituted (E.W.) for s. 24 with subsections (1)–(6) by Supreme Court Act 1981 (c. 54, SIF 37), s. 146

F31 Word in s. 24(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 71(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F32 Words in s. 24(1) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 71(2)(b), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(e), 30(b)

F33 S. 24(1)(a) substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 55, 148

F34 Words in s. 24(1)(b) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 71(2)(d); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F35 Words in s. 24(1)(b) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 9(4); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F36 S. 24(1A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 9(2); S.I. 1995/631, art. 2

F37 S. 24(4) repealed (31.3.1995) by 1993 c. 8, s. 26, Sch.9; S.I. 1995/631, art. 2

F38 S. 24(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 71(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

[F39 25 Official referees’ business. E+W

(1) After the appointed day no person shall be appointed to the office of official referee and on and after that day functions conferred on official referees by provisions of rules of the Supreme Court, or by any other provision, shall be discharged in accordance with the provisions of this section.

(2) Such of the Circuit judges as the Lord Chancellor may from time to time determine shall discharge the said functions conferred on official referees.

(3) The cases in which jurisdiction or powers of the High Court or a judge of the High Court may be exercised by official referees, whether by virtue of rules of court made under section 15 of the M9 Administration of Justice Act 1956 or otherwise, shall be known as “official referees’ business”, and except where the context otherwise requires, any reference in any enactment, in rules of court or in any other document to an official referee shall, in accordance with this section, be construed as, or where the context requires as including, a reference to a Circuit judge discharging the functions of an official referee.

(4) Subject to rules of court, the distribution of official referees’ business, performed in accordance with this section, shall be determined in accordance with directions given by or on behalf of the Lord Chancellor.]

Textual Amendments

F39 Ss. 25, 26 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Marginal Citations

M9 1956 c. 46.

Part IV E+W Officers and Accommodation

Modifications etc. (not altering text)

C3 Pt. 4 functions tranferred (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887, arts. 1(2), 4, Sch. 1

[F40 26 Masters and registrars to be appointed by Lord Chancellor. E+W

(1) On and after the appointed day the following officers shall be appointed by the Lord Chancellor, with the concurrence of the Minister for the Civil Service as to numbers and salaries,—

(a) the masters, assistant masters and registrars specified in Part I of Schedule 3 to the M10 Judicature Act 1925, other than the Master of the Court of Protection (for whose appointment by the Lord Chancellor provision is made by section 100 of the M11 Mental Health Act 1959);

(b) the Queen’s coroner and attorney and master of the Crown Office;

(c) the registrar, assistant registrars and deputy assistant registrars of criminal appeals;

(d) the admiralty registrar;

(e) chancery registrars and assistant chancery registrars; and

(f) district probate registrars.

(2) The person appointed to the office of Queen’s coroner and attorney and master of the Crown Office shall, by virtue of his appointment, be a master of the Supreme Court (Queen’s Bench Division).

(3) In section 122 of the Judicature Act 1925 (which relates to certain additional duties of the senior master of the Queen’s Bench Division) for the words “The senior master” there shall be subtituted the words “The Lord Chancellor shall appoint one of the masters” and after the word “Division)”there shall be inserted the words “to be the senior master and the person so appointed”.

(4) In section 128A of the Judicature Act 1925 (which relates to the office of district probate registrar) for any reference in subsection (2) or subsection (3) to the President of the family dvision thre shall be substituted a reference to the Lord Chancellor.]

Textual Amendments

F40 Ss. 25, 26 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Modifications etc. (not altering text)

C4 The text of ss. 26(3)(4), 51(2), 53(5) and 56(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M10 1925 c. 49.

M11 1959 c. 72.

27 Administrative and other court staff. E+W

F41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41 S. 27 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 139(a), Sch. 10; S.I. 2005/910, art. 3(y)(aa) and s. 27(9) amended (with effect only until the aforementioned repeal comes fully into force in accordance with Sch. 4 para. 361 of the amending Act) by 2005 c. 4, ss. 15(1), 148(1), Sch. 4 para. 366; S.I. 2006/1014, arts. 2(a), Sch. 1 para. 11(cc)

28 Provision of accommodation. E+W

F42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42 S. 28 repealed (1.4.2005) by Courts Act 2003 (c. 29), ss. 109(1)(3), 110, Sch. 8 para. 139(b), Sch. 10; S.I. 2005/910, art. 3(y)(aa)

29 Accommodation in City of London. E+W

(1) The courthouse and accommodation which up to the appointed day have been respectively known as the Central Criminal Court and the Mayor’s and City of London Court shall continue to be known by those names, and it shall be the duty of the Common Council of the City of London (in this section referred to as “the Common Council”) to continue to make the said premises available for use for the sittings and business of those courts respectively.

(2) The Common Council shall not undertake any alteration or extension of the buildings or accommodation which they are to make available for the purpose of the said courts, or provide further accommodation for that purpose, without the consent of the [F43 Secretary of State]F43 .

(3) The duties imposed by this section on the Common Council may at any time be varied, restricted or terminated by agreement between the [F43 Secretary of State]F43 and the Common Council.

Textual Amendments

F43 Words in s. 29 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 1(2), 9, Sch. 2 para. 2(1)

30 Advisory committees. E+W

The [F44 Secretary of State]F44 may constitute, on a permanent or temporary basis, one or more advisory committees to advise him on such questions relating to the Supreme Court and county courts as he may from time to time refer to them, and shall appoint the members of any such committee with regard to their knowledge of the work of the courts and social conditions.

Textual Amendments

F44 Words in s. 30 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 1(2), 9, Sch. 2 para. 2(1)

Part V E+W

31—40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45 E+W

Textual Amendments

F45 Ss. 31–40 repealed by Juries Act 1974 (c. 23), Sch. 3

Part VI U.K. Miscellaneous and Supplemental

Merger or abolition of certain courts and offices U.K.

41 Merger of Palatine Courts with High Court. E+W

F46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46 S. 41 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

42 Local court for City of London. E+W

(1) F47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purpose of establishing a court to exercise so much of the jurisdiction previously exercised by the Mayor’s and City of London Court as is appropriate to a county court and for exercising any other jurisdiction which may hereafter be conferred on a county court, the City of London shall, by virtue of this section, become a county court district and accordingly the enactments relating to county courts shall apply in relation to the county court for the City of London as they apply in relation to a county court for any other county court district.

(3) Without prejudice to subsection (1) above, the county court for the district constituted by subsection (2) above shall be known as the Mayor’s and City of London Court and the Circuit judge assigned to that district under section 20(1) of this Act shall be known as the judge of the Mayor’s and City of London Court.

(4) F48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47 S. 42(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

F48 S. 42(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

43 Abolition of certain other local courts. E+W

F49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49 S. 43 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

44 Abolition of certain offices. E+W

(1) The following offices are hereby abolished:—

(a) chairman and deputy chairman of county quarter sessions; recorder, and deputy, assistant or temporary recorder, of a borough (but not the Recorder of London); clerk and deputy clerk of the peace;

(b) any judicial or other office in a court abolished or merged with the High Court by the preceding provisions of this Part of this Act, other than the office of Vice-Chancellor of the County Palatine of Lancaster;

(c) clerk of assize, circuit bailiff and any other office the duties of which relate exclusively to courts of assize.

(2) The Lord Chancellor may, with the concurrence of the Minister for the Civil Service, by regulations provide for the payment out of money provided by Parliament of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments which is attributable—

(a) to the preceding provisions of this section, or

(b) to the abolition or merger of any court (including courts of assize, courts of quarter sessions and Palatine courts) by this Act, or

(c) to the transfer by this Act of any function to the Lord Chancellor or to any other Minister.

(3) Regulations under this section may—

(a) include provision as to the manner in which and the person to whom any claim for compensation under the regulations is to be made, and for the determination of all questions arising under the regulations,

(b) make special provision for persons who, but for any national service, would be holders of any office or engaged in any employment,

(c) make different provision for different classes of persons and for other different circumstances, and make, or authorise the Lord Chancellor to make, exceptions and conditions,

(d) be framed so as to have effect from a date earlier than the making of the regulations,

but so that regulations having effect from a date earlier than their making shall not place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.

(4) Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50 E+W

Textual Amendments

F50 S. 45 repealed by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(3), Sch. 3

46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51 U.K.

Textual Amendments

F51 S. 46 repealed by Patents Act 1977 (c. 37), Sch. 6

Costs E+W

47—49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52 E+W

Textual Amendments

F52 Ss. 47–49, 51(1) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53 E+W

Textual Amendments

F53 S. 50 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

51 Construction and consequential amendments E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

(2) Schedule 6 to this Act, which amends enactments about costs, shall have effect.

Textual Amendments

F54 Ss. 47–49, 51(1) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

Modifications etc. (not altering text)

C5 The text of ss. 26(3)(4), 51(2), 53(5) and 56(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

52 Award of costs where information or complaint is not proceeded with. E+W

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

(3) Where—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

(b) a complaint is made to a justice of the peace [F57 acting in any local justice area]F57 but the complaint is not proceeded with,

a magistrates’ court [F58 acting in that area]F58 may make such order as to costs to be paid . . . F59 , by the complainant to the defendant as it thinks just and reasonable.

(4) An order under subsection (3) above shall specify the amount of the costs ordered to be paid.

(5) . . . F59 for the purpose of enforcement an order under subsection (3) above made in relation to a complaint which is not proceeded with shall be treated as if it were an order made under [F60 section 64 of the Magistrates’ Courts Act 1980] (power to award, and enforcement of, costs in civil proceedings).

Textual Amendments

F55 S. 52(1)(2) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

F56 S. 52(3)(a) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

F57 Words in s. 52(3)(b) substituted (1.4.2005) by Courts Act 2003 (c. 29), ss. 109(1), 110, Sch. 8 para. 140(a); S.I. 2009/910, art. 3(y)

F58 Words in s. 52(3) substituted (1.4.2005) by Courts Act 2003 (c. 29), ss. 109(1), 110, Sch. 8 para. 140(b); S.I. 2005/910, art. 3(y)

F59 Words repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

F60 Words substituted by Magistrates Courts' Act 1980 (c. 43, SIF 82), s. 154(1), Sch. 7 para. 96

Administrative functions of justices E+W

53 Administrative functions of justices. E+W

F61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 S. 53 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Boroughs: honorary offices E+W

54 Boroughs: honorary offices. E+W

(1) The council of a borough shall have power to appoint a person to be honorary recorder of the borough.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

(3) A person shall not be qualified to hold office as an honorary recorder of a borough . . . F63 unless he is a Circuit judge or Recorder (that is to say a Recorder appointed under this Act):

Provided that this subsection shall not apply to a borough which immediately before the appointed day—

(a) had power by charter to appoint a recorder of the borough, and

(b) did not have a separate court of quarter sessions.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

Textual Amendments

F62 S. 54(2)(4) repealed by Local Government Act 1972 (c. 70), Sch. 30

F63 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

Supplemental U.K.

55 Financial provisions. E+W

(1) There shall be paid out of money provided by Parliament, or out of the Consolidated Fund, any increase attributable to the provisions of this Act in the sums respectively so payable under any other enactment.

(2) There shall be paid out of money provided by Parliament any sums payable by any Minister under or by virtue of this Act.

(3) Any sum payable under this Act to the Lord Chancellor or any other Minister shall be paid into the Consolidated Fund.

(4) F64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64 S. 55(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

56 Minor and consequential amendments, transitional provisions and repeals. E+W

(1) Schedule 8 to this Act (which contains consequential and other amendments) shall have effect.

(2) In the enactments listed in Schedule 9 to this Act (which confer jurisdiction transferred to the Crown Court) for any reference to quarter sessions there shall be substituted a reference to the Crown Court.

This subsection applies to references to quarter sessions however expressed and in particular to any reference to “the next court of quarter sessions”, or to the quarter sessions for any particular area, or to any sessions which, by section 13(14) of the M12 Interpretation Act 1889, were included in the expression “court of quarter sessions”.

(3) Schedule 10 to this Act, which contains transitional provisions, shall have effect.

(4) The enactments specified in Schedule 11 to this Act (which includes certain obsolete or unnecessary enactments) are hereby repealed to the extent specified in the third column of that Schedule, but subject to any proviso at the end of that Schedule.

Modifications etc. (not altering text)

C6 The text of ss. 26(3)(4), 51(2), 53(5) and 56(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M12 1889 c. 63.

57 Interpretation of this Act and rules of construction of other Acts. U.K.

(1) In this Act, unless the context otherwise requires—

• the “appointed day” means the commencement of this Act which, as provided by this Act, may be a different date for different purposes,

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

• “sentence”, in relation to an offence, includes any order made by a court when dealing with an offender including—

  (a)

  a hospital order under [F66 Part III of the Mental Health Act 1983], with or without an order restricting discharge, and

  (b)

  a recommendation for deportation made when dealing with an offender.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

(3) Except where the context otherwise requires, in this or any other Act—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

(b) any reference to the courts abolished by this Act shall include a reference to the Lancaster Palatine Court and the Durham Palatine Court (which are abolished on merger with the High Court).

(4) Except where the context otherwise requires, in any Act passed after this Act the expression “recorder” shall not include the Recorder of London or an honorary recorder of a borough.

(5) Any power of making orders contained in any provision of this Act shall include power to vary or revoke an order made under that provision.

(6) It is hereby declared that any power conferred by this Act on the Lord Chancellor or any other authority to give directions includes a power to vary or rescind any direction so given.

(7) Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.

Textual Amendments

F65 Definition of “the Judicature Act 1925” repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

F66 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148(1), Sch. 4 para. 28

F67 S. 57(2) repealed by Criminal Law Act 1977 (c. 45), Sch. 13

F68 S. 57(3)(a) repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69 E+W

Textual Amendments

F69 S. 58 repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 42, Sch. 6 Pt. I

59 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Courts Act 1971.

(2) F70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The following provisions of this Act, and no others, shall extend to Scotland—

(a) F71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

(c) any provision of this Act affecting the operation of the law of Scotland in relation to courts in England and Wales,

(d) the provisions of this Act about interpretation and commencement,

(e) F73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The following provisions of this Act, and no others, shall extend to Northern Ireland—

(a) F74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

(c) any provision of this Act affecting the operation of the law of Northern Ireland in relation to courts in England and Wales,

(d) the provisions of this Act about interpretation and commencement,

(e) Schedule 8 to this Act so far as it amends F76 ... section 30 of the M13 Petty Sessions (Ireland) Act 1851.

(7) Schedule 8 to this Act shall extend to the Isle of Man and the Channel Islands so far as it amends section 13 of the M14 Indictable Offences Act 1848.

Textual Amendments

F70 S. 59(2)-(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

F71 S. 59(5)(a) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

F72 S. 59(5)(b) repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3

F73 S. 59(5)(e) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

F74 S. 59(6)(a) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

F75 S. 59(6)(b) repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 3 Pt. I

F76 Words in s. 59(6)(e) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Marginal Citations

M13 1851 c. 93.

M14 1848 c. 42.

SCHEDULES

F77 F77 SCHEDULE 1 E+W

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

Textual Amendments

F77 Sch. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Section 16.

SCHEDULE 2 E+W Holders of Certain Existing Judicial Offices

Part I E+W Certain Office-Holders to be Circuit Judges

1 E+W F78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78 Sch. 2 Pt. 1 para. 1 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

2 (1) Any person who, being appointed Recorder of London after the appointed day, is appointed by Her Majesty to exercise judicial functions shall, by virtue of that appointment, be a Circuit judge. E+W

(2) Any person who after the appointed day is appointed by Her Majesty to be the Common Serjeant shall, by virtue of that appointment, be a Circuit judge.

3 (1) Subject to sub-paragraph (2) below, section 17 of this Act shall apply to the holder of any judicial office who becomes a Circuit judge as mentioned in this Part of this Schedule as it applies to a Circuit judge appointed under section 16 of this Act. E+W

(2) In the case of any person who becomes a Circuit judge as mentioned in this Part of this Schedule F79 ... nothing in section 17 of this Act shall have the effect of depriving him of the office by virtue of which, or by virtue of his appointment to which, he becomes a Circuit judge.

Textual Amendments

F79 Words in Sch. 2 Pt. 1 para. 3(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

[F80 Part IA E+W Certain Office–Holders Eligible for Appointment as Circuit Judges

Textual Amendments

F80 Sch. 2 Pt. IA inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 31(2)

Social Security Commissioner appointed under section 97 of the M15 Social Security Act 1975.

Marginal Citations

M15 1975 c.14 (113:1).

President of Social Security Appeal Tribunals and Medical Appeal Tribunals or Chairman of such a tribunal appointed under Schedule 10 to that Act.

[F81 President of the Employment Tribunals (England and Wales) or member of a panel of chairmen established by regulations under section 1(1) of the M16 Employment Tribunals Act 1996 for employment tribunals for England and Wales.]

Textual Amendments

F81 Sch. 2 Pt. IA entry substituted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 1; S.I. 1998/1658, art. 2, Sch. 1

Marginal Citations

M16 1996 c. 17.

President or member of the Immigration Appeal Tribunal appointed under Schedule 5 to the Immigration Act M17 1971.

Marginal Citations

M17 1971 c.77 (62).

F82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82 Sch. 2 para. 1A entry omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), arts. 1, 5(1)(2), Sch. 1 para. 98 (with Sch. 5)

President of Pensions Appeal Tribunals appointed under the Schedule to the Pensions Appeal Tribunals Act M18 1943.

Marginal Citations

M18 1943 c.39 (101A:2).

F83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F83 Sch. 2 Pt. 1A entry omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), arts. 1(2), 3, Sch. 1 para. 63

F84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 Sch. 2 Pt. 1A entry omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), arts. 1(2), 3, Sch. 1 para. 63(b)

Coroner appointed under section 2 of the Coroners Act M19 1988.

Marginal Citations

M19 1988 c.13 (33).

Master of the Queen’s Bench Division.

Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals.

Admiralty Registrar.

Master of the Chancery Division.

Registrar in Bankruptcy of the High Court.

Taxing Master of the Supreme Court.

District judge of the principal registry of the Family Division.

Registrar of Civil Appeals.

F85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85 Sch. 2 Pt. 1A: reference to a "Master of the Court of Protection" repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1)(2), 68(1), Sch. 6 para. 17, Sch. 7 (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(c)(d)

District judge.

[F86 District Judge (Magistrates’ Courts)]]

Textual Amendments

F86 Words in Sch. 2 Pt. IA substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 19 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3

Part II E+W Supplementary Provisions with Respect to Certain Judicial Officers

4 (1) If and so long as any holder of the office of Vice-Chancellor of the County Palatine of Lancaster is also a Circuit judge (whether by virtue of paragraph 1 above or otherwise), he shall take judicial precedence next after the judges of the High Court. E+W

(2) Notwithstanding the repeal by this Act of section 14(1) of the M20 Administration of Justice Act 1928, paragraph (d) of that subsection (terms of appointment of Vice-Chancellor of the County Palatine of Lancaster) shall continue to apply in relation to the person who is the holder of that office on the appointed day (but not in relation to any subsequent holder of that office) and shall on and after that day apply in relation to him not only in his capacity as Vice-Chancellor but also in his capacity as a Circuit judge; and accordingly, and without prejudice to paragraph 3(2) above, section 17(4) of this Act shall not apply in relation to that person.

(3) Without prejudice to paragraph 8 below, the Lord Chancellor, with the consent of the Minister for the Civil Service, may make such arrangements as seem to him to be appropriate to secure that the superannuation benefits payable to or in respect of the person who, on the appointed day, holds office as Vice-Chancellor of the County Palatine of Lancaster are not less favourable than those which he enjoyed immediately before the appointed day; and any such arrangements may provide for the cost of those benefits to be defrayed in part by the Duchy of Lancaster.

(4) Rules under section 39A of the M21 Superannuation Act 1965 (provision for superannuation benefits payable to or in respect of persons employed in two or more judicial offices of specified descriptions) may make provision with respect to the superannuation benefits payable to or in respect of any person who, immediately before the appointed day, held office as registrar or assistant registrar of the Lancaster Palatine Court, as if his office were included in those specified in paragraphs (a) to (i) of subsection (3) of that section.

Marginal Citations

M20 1928 c. 26.

M21 1965 c. 74.

5 E+W Nothing in section 16, section 18(1) or section 19 of this Act shall apply to the manner of appointment or remuneration of, or the pensions and other benefits payable to or in respect of, any person holding office as Recorder of London or Common Serjeant and accordingly those matters shall continue to be provided for as mentioned in Parts II and III of the M22 City of London (Courts) Act 1964.

Modifications etc. (not altering text)

C7 Paras. 5–8 extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(2)

Marginal Citations

M22 1964 c. iv.

6 E+W After the appointed day no person shall be appointed an additional judge of the Central Criminal Court under . . . F87 the City of London (Courts) Act 1964, but section 7 of that Act (remuneration and pensions of additional judges and holders of certain other judicial offices) shall continue on and after the appointed day to apply in relation to any person who, immediately before that day, held office as such an additional judge, notwithstanding that he becomes a Circuit judge, and accordingly sections 18(1) and 19 of this Act shall not apply in relation to any such person.

Textual Amendments

F87 Words repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. XIII

Modifications etc. (not altering text)

C8 Paras. 5–8 extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(2)

7 E+W On the appointed day section 14 of the M23 City of London (Courts) Act 1964 (appointment and removal of the assistant judge of the Mayor’s and City of London Court) shall cease to have effect, but so much of section 18(3) of that Act as provides for the payment of the remuneration of, and any pension or other benefits payable to or in respect of, the assistant judge shall continue on and after the appointed day to apply to the person who immediately before that day held office as the assistant judge of the Mayor’s and City of London Court, and accordingly sections 18(1) and 19 of this Act shall not apply in relation to that person.

Modifications etc. (not altering text)

C9 Paras. 5–8 extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(2)

Marginal Citations

M23 1964 c. iv.

8 E+W F88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88 Sch. 2 Pt. 2 para. 8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

9 (1) Subject to the preceding provisions of this Part of this Schedule, for the purpose of determining— E+W

(a) the annual pension payable to a Circuit judge under section [F89 5 of the Judicial Pensions Act 1981], or

(b) any such derivative benefit payable to or in respect of him as is referred to in [F90 section 19(5) of this Act],

service before the day appointed for the purposes of section 16 of this Act in any of the judicial offices specified in paragraph 1(2) above, and service (before 1st April 1965) as a salaried chairman or deputy chairman of the court of quarter sessions for the county of London or of Middlesex, shall be treated as service as a Circuit judge.

(2) Subject to sub-paragraph (3) below, in any case where—

(a) any such pension or derivative benefit as is referred to in sub-paragraph (1) above becomes payable to or in respect of any person; and

(b) the period of that person’s service which falls to be taken into account in determining the amount of that pension or benefit includes, by virtue of sub-paragraph (1) above, service in any judicial office specified in paragraph 1(2) above,

rules made by the Lord Chancellor with the consent of the Minister for the Civil Service may make provision for the payment of contributions towards the cost of the superannuation benefits payable to or in respect of that person by any authority which, before the appointed day, was responsible, directly or indirectly, for meeting the whole or any part of the cost of the superannuation benefits payable to or in respect of former holders of that office.

(3) Rules made under sub-paragraph (2) above shall not require the payment of any contribution in the case of a person who serves at least fifteen completed years as a Circuit judge, disregarding any period of service taken into account by virtue of sub-paragraph (1) above.

(4) The power to make rules under sub-paragraph (2) above shall be exercisable by statutory instrument, and any statutory instrument containing any such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F89 Words substituted by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(3)

F90 Words substituted by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(4)

F91 F91 SCHEDULE 3 E+W

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

Textual Amendments

F91 Sch. 3 repealed (1.4.2005) by Courts Act 2003 (c. 29), ss. 109(1)(3), 110, Sch. 8 para. 139(c), Sch. 10; S.I. 2005/910, art. 3(y)(aa)

F97 F97 SCHEDULE 4 E+W

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

Textual Amendments

F97 Sch. 4 repealed by Juries Act 1974 (c. 23), Sch. 3

F98 F98 SCHEDULE 5 E+W

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

Textual Amendments

F98 Sch. 5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Section 51.

SCHEDULE 6 E+W AMENDMENTS RELATING TO COSTS IN CRIMINAL CASES ETC.

1—5. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F99

Textual Amendments

F99 Sch. 6 paras. 1–5 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

Betting, Gaming and Lotteries Act 1963 E+W

6 E+W F100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F100 Sch. 6 para. 6 repealed (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(4)

Licensing Act 1964. E+W

7 E+W F101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101 Sch. 6 para. 7 repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, arts. 1(2), 2(2) (with art. 4)

Criminal Justice Act 1967 E+W

8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102

Textual Amendments

F102 Sch. 6 para. 8 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

9 (1) In section 32 of the M33 Criminal Justice Act 1967, in subsection (2), for the words from the beginning to “said Act of 1966” there shall be substituted the words “Section 5 of the Costs in Criminal Cases Act 1952 (costs awarded by magistrates’ courts out of central funds), section 26 of the Criminal Appeal Act 1968 (payment of expenses of witnesses in connection with criminal appeals out of central funds), section 33 of the M34 Courts-Martial (Appeals) Act 1968” and after the words “Courts-Martial Appeal Court)” there shall be inserted the words “and section 47 of the Courts Act 1971 (costs awarded by Crown Court out of central funds)”. E+W

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103

Textual Amendments

F103 Sch. 6 para. 9(2) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

Modifications etc. (not altering text)

C10 The text of Schedule 6 paras. 6, 7, 9(1), 12 and 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M33 1967 c. 80

M34 1968 c. 20.

10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F104

Textual Amendments

F104 Sch. 6 para. 10 repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F105

Textual Amendments

F105 Sch. 6 para. 11 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

Gaming Act 1968 E+W

12 E+W In paragraph 30 of Schedule 2 to the M35 Gaming Act 1968 (awards of costs of licensing authority out of local funds), in sub-paragraph (2), for the words “local funds” there shall be substituted the words “central funds”.

Modifications etc. (not altering text)

C11 The text of Schedule 6 paras. 6, 7, 9(1), 12 and 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M35 1968 c. 65.

13 E+W F106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F106 Sch. 6 para. 13 repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, arts. 1(2), 2(2) (with art. 4)

Section 53.

SCHEDULE 7 E+W ADMINISTRATIVE FUNCTIONS OF JUSTICES

PART I E+W AMENDMENTS OF JUSTICES OF THE PEACE ACT 1949

[F107 1 E+W In section 16 of the Justices of the Peace Act 1949, paragraph (b) of the proviso to subsection (2), subsection (5) from the words “so however” onwards and subsection (6)(a) shall be omitted.]

Textual Amendments

F107 Sch. 7 paras. 1–3 repealed (E.W.) by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3

Modifications etc. (not altering text)

C12 The text of Schedule 7 paras. 1–5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2 (1) In Schedule 4 to that Act, in paragraph 1, in sub-paragraph (1) after the word “composed”there shall be inserted the words “subject to sub-paragraph (2) below”, and at the end of sub-paragraph (1)there shall be inserted the following sub-paragraph:— E+W

“(2) The magistrates’ courts committee for any area may, with his consent, co-opt a judge of the High Court, Circuit judge or Recorder to serve as a member of the committee”.

(2) Paragraphs 1(3) and 4 of that Schedule shall be omitted.

Modifications etc. (not altering text)

C13 The text of Schedule 7 paras. 1–5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

3 E+W For paragraph 5 of Schedule 4 to that Act there shall be substituted the following paragraph:—

5. Where the magistrates for a county are required to meet for the purpose of carrying out any functions under the preceding paragraphs, a meeting shall be convened by the magistrates’ courts committee or, if there is no such committee in being or the Secretary of State considers it appropriate, by the Secretary of State.

Modifications etc. (not altering text)

C14 The text of Schedule 7 paras. 1–5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

PART II E+W AMENDMENTS OF THE PRISON ACT 1952

4 E+W F108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F108 Sch. 7 para. 4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

5 E+W F109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F109 Sch. 7 para. 5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

PART III E+W

6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F110

Textual Amendments

F110 Sch. 7 para. 6 repealed by Local Government Act 1972 (c. 70), Sch. 30

7, 8. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111

Textual Amendments

F111 Sch. 7 paras. 7, 8 repealed by Licensing (Alcohol Education and Research) Act 1981 (c. 28, SIF 68A:1), s. 11, Sch. 2 Pt. I

9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112

Textual Amendments

F112 Sch. 7 para. 9 repealed by Greater London Council (General Powers) Act 1984 (c. xxvii), s. 42, Sch. 4 Pt. I

Section 56.

SCHEDULE 8 U.K. Amendments of other Acts

Part I E+W General

Administrative functions of quarter sessions and clerks of the peace E+W

1 (1) Any function of courts of quarter sessions, or of committees of quarter sessions, which relates— E+W

(a) to the deposit of plans or documents, other than those relating to judicial business, or

(b) to the keeping of records other than those relating to judicial business, or

(c) to any other matter which is not of a judicial nature,

shall be transferred to the local authorities for the areas to which those matters relate.

(2) Any function of clerks of the peace, or deputy clerks of the peace, relating to any of the matters mentioned in sub-paragraph (1) above shall be transferred to the clerks of the local authorities for the areas to which those matters relate.

(3) The preceding provisions of this paragraph are without prejudice to—

(a) sections 3 and 31 of the M36 Local Government Act 1888 (which transferred certain quarter sessions functions to councils of counties or county boroughs), and

(b) section 101 of the M37 Local Government Act 1933 (which transferred certain functions of clerks of the peace to clerks of county councils).

(4) References in this paragraph to local authorities—

(a) do not include the Greater London Council,

(b) include county councils, but not any authority for a part of a county:

Provided that as respects matters in the Isles of Scilly the Council of the Isles of Scilly shall be the local authority.

(5) So far as any matter referred to in this paragraph relates to the Inner Temple or the Middle Temple, references in this paragraph to local authorities, or to clerks of local authorities, are references to the Sub-Treasurer of the Inner Temple or, as the case may be, the Under-Treasurer of the Middle Temple.

Modifications etc. (not altering text)

C15 Certain functions exercisable by virtue of para. 1 of Sch. 8 transferred by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 25

Marginal Citations

M36 1888 c. 41.

M37 1933 c. 51.

General rules of construction E+W

2 (1) In any enactment or other instrument for any reference or expression in the first column of the Table below there shall be substituted the relevant reference or expression in the second column of the Table. E+W

(2) Sub-paragraph (1) above applies to Acts or instruments passed or made before the appointed date or later.

(3) The preceding provisions of this paragraph apply subject to the provisions of this Act, and only except where the context otherwise requires, and in particular do not apply in relation to a sentence imposed, or other thing done, by a court before the appointed day.

TABLE

Reference	Substituted reference
1 E+W Court of gaol delivery or of oyer and terminer.	The Crown Court.
2 E+W Court of assize, or assizes, where the context does not relate to civil jurisdiction.	The Crown Court.
3 E+W Court of assize, or assizes, where the context relates either to criminal or civil jurisdiction, or relates exclusively to civil jurisdiction.	The Crown Court or the High Court, or as the case may be the High Court and not the Crown Court.
4 E+W Court of quarter sessions, or committee of a court of quarter sessions, except in relation to functions transferred to some authority other than the Crown Court. This paragraph applies to references to courts of quarter sessions, however expressed, and applies in particular to any reference to “the next court of quarter sessions”, or to the quarter sessions for any particular area, or to any sessions which, by section 13(14), of the M38 Interpretation Act 1889, were included in the expression “court of quarter sessions”.	The Crown Court.
5 E+W Judge or commissioner of assize, or judge acting during assizes.	The Crown Court or the High Court, or both, according as the reference is to criminal jurisdiction, or civil jurisdiction, or to both.
6 E+W Chairman or deputy chairman of quarter sessions.	The Crown Court.
7 E+W Recorder, or deputy, assistant or temporary recorder, of a borough (but not the Recorder of London).	(a) Where the context implies a reference to jurisdiction of the Crown Court, the Crown Court. (b) Where the context implies a reference to any judicial function not related to a court of quarter sessions (or the Crown Court) such Circuit judge or Recorder as the [F113 Lord Chief Justice]F113 may nominate for the purpose. (c) In any other case, such local authority, member of a local authority or officer of a local authority as the [F113 Lord Chief Justice]F113 may nominate.
8 E+W County court judge.	A judge assigned to a county court district, or acting as a judge so assigned.
9 E+W The judge or chairman of the court where the court is the Crown Court and comprises justices of the peace and the reference was applicable before the appointed day to county quarter sessions and meant the chairman or acting chairman of the bench.	The judge presiding in the Crown Court proceedings.
10 E+W Clerk of assize or other officer whose duties related exclusively to the criminal jurisdiction of courts of assize.	The appropriate officer of the Crown Court.
11 E+W Clerk of the peace or deputy clerk of the peace, except in relation to functions transferred to local authorities or officers of local authorities.	The appropriate officer of the Crown Court.
12 E+W Clerk of the court where the court is the Crown Court.	The appropriate officer of the Crown Court.
13 E+W A borough having a separate court of quarter sessions.	A borough which, immediately before the appointed day, had a separate court of quarter sessions.
14 E+W Any period limited by reference to the next sitting, or the beginning or end of the next sitting, of a court of quarter sessions.	30 days or such other period as the [F113 Lord Chief Justice]F113 may direct.
15 E+W Any right to apply to a court of quarter sessions limited to a specified sitting of the court next after, or in the calendar year of, a 21st or other anniversary of an enclosure award or other event.	A right to apply to the Crown Court within twleve months from the anniversary. The Crown Court may modify or supersede any associated time limit for the giving of notice of the application, or for the confirmation of any decision on the application.
16 E+W Any reference to local funds in the context of a reference to the M39 Costs in Criminal Cases Act 1952.	Central funds, that is to say money provided by Parliament.

Nothing in the Table above shall be taken as affecting any enactment which, as respects any judicial or other office abolished by this Act, provides for—

(a) the appointment, retirement, or removal of the officer, or

(b) the tenure of office and oaths to be taken by any such officer, or

(c) the remuneration, allowances or pensions of any such officer;

and nothing in the Table above shall apply to any reference to records of any court.

Textual Amendments

F113 Words in Sch. 8 para. 2 Table substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 72; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

Marginal Citations

M38 1889 c. 63.

M39 1952 c. 48.

Amendments of local Acts E+W

3 (1) The Lord Chancellor may by order in a statutory instrument provide for such amendments or repeals of provisions of any local Act as appears to him required to give effect to the provisions of this Act. E+W

(2) An order under this paragraph may, in particular, provide, if in the opinion of the Lord Chancellor there are special circumstances justifying it, for any jurisdiction of a court of quarter sessions under any local Act to be abolished, or transferred otherwise than to the Crown Court.

(3) An order under this paragraph may contain such transitional and other supplemental and incidental provisions as appear to the Lord Chancellor to be necessary or expedient.

(4) A statutory instrument under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part II U.K. Miscellaneous Amendments

Habeas Corpus 1679 E+W

4 (1) In section 2 of the M40 Habeas Corpus Act 1679 for the words from “in the Court of Kings Bench” to “case shall require” substitute “in the Crown Court”. E+W

(2) In section 8 of the said Act for “judge of assize” substitute “judge of the Crown Court”.

Modifications etc. (not altering text)

C16 The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M40 1679 c. 2.

Vagrancy Act 1824 E+W

5 E+W The M41 Vagrancy Act 1824 shall be amended as follows:—

(a) in section 5, as amended by the M42 Criminal Justice Act 1967, for “quarter sessions” substitute “the Crown Court”,

(b) in section 10 for the words from “quarter sessions” to “assembled” substitute “the Crown Court, it shall be lawful for the Crown Court”, and

(c) in section 14 for the words following “appeal to” to the end of the section substitute “the Crown Court”.

Modifications etc. (not altering text)

C17 The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M41 1824 c. 83.

M42 1967 c. 80.

6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F114

Textual Amendments

F114 Sch. 8 para. 6 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I

Parliamentary Documents Deposit Act 1837 E+W

7 E+W For any reference in the M43 Parliamentary Documents Deposit Act 1837 to the clerk of the peace there shall be substituted a reference to any officer of a local or other authority.

Modifications etc. (not altering text)

C18 The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M43 1837 c. 83.

Slave Trade Act 1843 E+W

F115 8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F115 Sch. 8 para. 8 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. VIII

Indictable Offences Act 1848 U.K.

9 U.K. In sections 12, 13 and 14 of the M44 Indictable Offences Act 1848 (backing of warrants) for ant reference to justices of oyer and terminer or gaol delivery, except so far as it is a reference to such a justice in Northern Ireland, there shall be substituted a reference to the Crown Court.

Modifications etc. (not altering text)

C19 The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M44 1848 c. 42

Petty Sessions (Ireland) Act 1851 E+W+N.I.

10 E+W+N.I. In section 30 of the M45 Petty Sessions (Ireland) Act 1851 for the reference to justices of oyer and terminer and general gaol delivery in England there shall be substituted a reference to the Crown Court.

Modifications etc. (not altering text)

C20 The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M45 1851 c. 93

11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F116

Textual Amendments

F116 Sch. 8 para. 11 repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. I

Explosives Act 1875 E+W

F117 12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F117 Sch. 8 para 12 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 PtVII

13 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118

Textual Amendments

F118 Sch. 8 para. 13 repealed by Prosecution of Offences Act 1979 (c. 31), s. 11(2), Sch. 2 Pt. II

Central Criminal Court (Prisons) Act 1881 E+W

14 E+W F119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F119 Sch. 8 para. 14 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Coroners Act 1887 E+W

15 (1) In section 5 of the M46 Coroners Act 1887— E+W

(a) in subsection (2) for the words “at the next” to “is to be” substitute “before the Crown Court”.

(b) in subsection (3) for the words following “proper officer” substitute “of the Crown Court”.

(2)&(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120

Textual Amendments

F120 Sch. 8 para. 15(2)(3) repealed by Local Government Act 1972 (c. 70), Sch. 30

Modifications etc. (not altering text)

C21 The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M46 1887 c. 71

Witnesses (Public Inquiries) Protection Act 1892 E+W

16 E+W In section 3 of the M47 Witnesses (Public Inquiries) Protection Act 1892 for the words from “quarter sessions” to the end substitute “ Crown Court”.

Modifications etc. (not altering text)

C22 The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M47 1892 c. 64

M48 Indictments Act 1915 E+W

Marginal Citations

M48 1915 c. 90.

17 E+W F121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121 Sch. 8 para. 17 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)

18 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F122

Textual Amendments

F122 Sch. 8 para. 18 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Criminal Justice Act 1925 E+W

19 E+W In section 33(3) of the M49 Criminal Justice Act 1925 (arraignment of corporation) for the words from the beginning to “case may be” substitute “On arraignment of a corporation, the corporation may”.

Modifications etc. (not altering text)

C23 The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M49 1925 c. 86.

M50 Coroners (Amendment) Act 1926 E+W

Marginal Citations

M50 1926 c. 59.

20 (1) The provisions of this Act about committal for trial by a magistrates’ court, and the provisions of section 7(2) and section 13 of this Act, shall, subject to the provisions of this paragraph, apply with any necessary modifications to the proceedings mentioned in section 25(2) of the M51 Coroners (Amendment) Act 1926. E+W

(2) Rules under the said section 25(2) may apply—

(a) the provisions of this Act mentioned in sub-paragraph (1) above, and any other enactment relating to committal by magistrates’ courts for trial in the Crown Court, and

(b) the provisions of the M52 Criminal Procedure (Attendance of Witnesses) Act 1965 relating to witness orders.

with such modifications as may be necessary for giving effect to provisions of the said section 25.

(3) Sub-paragraph (1) above shall have effect subject to any rules so made.

Marginal Citations

M51 1926 c. 59.

M52 1965 c. 69.

Petroleum (Consolidation) Act 1928 E+W

F123 21 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F123 Sch. 8 para 21 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VII

22 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F124

Textual Amendments

F124 Sch. 8 para. 22 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 78, Sch. 16

23 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125

Textual Amendments

F125 Sch. 8 para. 23 repealed by Local Government Act 1972 (c. 70), Sch. 30

Criminal Justice Act 1948 E+W

24 E+W In the M53 Criminal Justice Act 1948—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126

(b) in all places where there occurs a reference to a court of quarter sessions (sections . . . F127 20(5)(a), 37(3)(6)) there shall be substituted a reference to the Crown Court.

Textual Amendments

F126 Sch. 8 para. 24(a) repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F127 Section number repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

Modifications etc. (not altering text)

C24 The text of Schedule 8 paras. 24(b), 35, 40, 48(a) and 57 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M53 1948 c. 58.

25—27. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128

Textual Amendments

F128 Sch. 8 para. 25–27 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

28 (1) In section 37 of that Act, for paragraph (b) of subsection (1) there shall be substituted the following paragraph— E+W

“(b) the High Court may release on bail a person—

(i) who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or

(ii) who has applied to the High Court for an order of certorari to remove proceedings in the Crown Court on his case into the High Court, or has applied to the High Court for leave to make such an application.”

(2) At the end of subsev=ction (3) of that section there shall be added the words “or by a police officer not below the rank of inspector or the governor of a prison or the keeper of a place of detention”.

Modifications etc. (not altering text)

C25 The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

29 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129

Textual Amendments

F129 Sch. 8 para. 29 repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

30 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130

Textual Amendments

F130 Sch. 8 para. 30 repealed by Representation of the People Act 1983 (c. 2, SIF 42), s. 206(b)(ii), Sch. 9 Pt. II

31 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131

Textual Amendments

F131 Sch. 8 para. 31 repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73(1), Sch. 17 Pt. II

32 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132

Textual Amendments

F132 Sch. 8 para. 32 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(2), Sch. 4

Prison Act 1952 E+W

33 E+W In section 47(5) of the M54 Prison Act 1952 as amended by the M55 Criminal Justice Act 1961 for the words “at assizes or quarter sessions” substitute “before the Crown Court” and for “quarter sessions” substitute “the Crown Court”.

Modifications etc. (not altering text)

C26 The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M54 1952 c. 52.

M55 1961 c. 39

34 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133

Textual Amendments

F133 Sch. 8 para. 34 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(3), Sch. 9

County Courts Act 1959 E+W

F134 35 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F134 Sch. 8 para. 35 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

36 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135

Textual Amendments

F135 Sch. 8 para. 36 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25

Obscene Publications Act 1959 E+W

37 E+W In section 3(50 of the M56 Obscene Publications Act 1959 (time of coming into force of forfeiture order) for the words from “fourteen days” to “order is made” substitute “the period within which notice of appeal to the Crown Court may be given against the order”.

Modifications etc. (not altering text)

C27 The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M56 1959 c. 66

38 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F136

Textual Amendments

F136 Sch. 8 para. 38 repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148(3), Sch. 6

Caravan Sites and Control of Development Act 1960 E+W

39 E+W In section 9(2) of the M57 Caravan Sites and Control of Development Act 1960 (time of coming into force of order revoking a licence) for the words from “on such date” to the words “case stated or otherwise” substitute “on such date as the court may specify in the order, being a date not earlier than the expiration of any period within which notice of appeal (whether by case stated or otherwise) may be given against the conviction”.

Modifications etc. (not altering text)

C28 The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M57 1969 c. 62.

Administration of Justice Act 1960 E+W

40 (1) In section 13(2) of the M58 Administration of Justice Act 1960 (appeal in cases of contempt of court) after paragraph (b) insert— E+W

“(bb) from an order or decision of the Crown Court to the Court of Appeal.”

(2) In section 13(5)(a) of the said Act after “High Court” insert “the Crown Court”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137

Textual Amendments

F137 Sch. 8 para. 40(3) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Modifications etc. (not altering text)

C29 The text of Schedule 8 paras. 24(b), 35, 40, 48(a) and 57 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M58 1960 c. 65.

Criminal Justice Act 1961 E+W

F138 41 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138 Sch. 8 para. 41 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

This Amendment shall cease to have effect when the relevant repeal by the M59 Children and Young Persons Act 1969 takes effect.

M60 Licensing Act 1964 E+W

Marginal Citations

M60 1964 c. 26.

42 E+W F139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F139 Sch. 8 para. 42 repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, arts. 1(2), 2(2) (with art. 4)

M61 Administration of Justice Act 1964 E+W

Marginal Citations

M61 1964 c. 42.

43 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F140 E+W

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F140

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F142

Textual Amendments

F140 Sch. 8 para. 43(1)(3) repealed (E.W.) by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3

F141 Sch. 8 para. 43(2) repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

F142 Sch. 8 para. 43(4) repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3

44 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143

Textual Amendments

F143 Sch. 8 paras. 44, 46 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

M62 Criminal Procedure (Attendance of Witnesses) Act 1965 E+W

Marginal Citations

M62 1965 c. 69.

45 F144 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

F145 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of section 13 of this Act a warrant issued under section 4 of the said Act (warrant of arrest to secure attendance of witness) shall be treated as a warrant issued by the Crown Court.

(4) In section 4(2) of the said Act for the words “a court of assize or quarter sessions” substitute “the Crown Court”.

F145 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 Sch. 8 para. 45(1) repealed (4.7.1996) by 1996 c. 25, ss. 65, 80, Sch. 5 para. 6 (with s. 78(1))

F145 Sch. 8 para. 45(2)(5) repealed (4.7.1996) by 1996 c. 25, ss. 66, 80, Sch. 5 para. 7 (with s. 78(1))

Modifications etc. (not altering text)

C30 The text of Schedule 8 para. 45(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

46 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146

Textual Amendments

F146 Sch. 8 paras. 44, 46 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

47 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F147

Textual Amendments

F147 Sch. 8 para. 47 repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 3

Criminal Justice Act 1967 E+W

48 E+W In the M63 Criminal Justice Act 1967—

(a) in all places where there occurs a reference to a court of assize or quarter sessions (sections . . . F148 56(1)(3)(5)(8)(11), 62(10) . . . F148 and in Schedule 6 paragraphs 2, 14, 16, 21(c)) there shall be substituted a reference to the Crown Court.

(b) in all places where there occurs a reference to a court of quarter sessions (sections 20, F149 ... 56 . . . F150 (6), 62(6)(7), . . . F151 and in Schedule 6 paragraph 1) there shall be substituted a reference to the Crown Court.

Textual Amendments

F148 Section numbers repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6 and Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

F149 Words in Sch. 8 para. 48(b) repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 2; S.I. 2004/829, art. 2(2)(j)(I)(ii)

F150 Sub-section number repealed by Magistrates' Courts Act 1980 (c. 43), Sch.9

F151 Section numbers repealed by Legal Aid Act 1974 (c. 4) Sch. 5 Pt. I

Modifications etc. (not altering text)

C31 The text of Schedule 8 paras. 24(b), 35, 40, 48(a) and 57 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M63 1967 c. 80.

49 E+W F152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F152 Sch. 8 para. 49 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)

50 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153

Textual Amendments

F153 Sch. 8 para. 11 repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. I

51 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F154

Textual Amendments

F154 Sch. 8 para. 51 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

52 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F155

Textual Amendments

F155 Sch. 8 para. 52 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(3), Sch. 9

53, 54. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F156

Textual Amendments

F156 Sch. 8 paras. 53, 54 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

55 E+W F157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F157 Sch. 8 Pt. 2 para. 55 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

56 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F158

Textual Amendments

F158 Sch. 8 para. 56 repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

Criminal Appeal Act 1968 E+W

57 (1) In the M64 Criminal Appeal Act 1968— E+W

(a) for the words “a court of assize or quarter sessions” wherever they occur (sections 10(1), F159 . . .11(2)) substitute the words “the Crown Court”.

(b) for the words “at assizes or quarter sessions” wherever they occur (sections 10(2), (3), 24(2)(b), 39(3)) substitute the words “before the Crown Court”.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F160

(3) In section 51(1) of the said Act for the definition of the judge of the court of trial substitute— “the judge of court of trial” means, where the Crown Court comprises justices of the peace, the judge presiding. ”

Textual Amendments

F159 In Sch. 8 para. 57(1)(a) the reference to subsection (2) of section 10 is repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2.

F160 Sch. 8 para. 57(2) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Modifications etc. (not altering text)

C32 The text of Schedule 8 paras. 24(b), 35, 40, 48(a) and 57 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M64 1968 c. 19

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 E+W

58 E+W In section 1(4) of the M65 Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 after the words “the High Court” add the words “the Crown Court”.

Modifications etc. (not altering text)

C33 The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M65 1968 c. 63.

Children and Young Persons Act 1969 E+W

59 E+W F161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F161 Sch. 8 Pt. 2 para. 59 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Administration of Justice Act 1970 E+W

60 (1) F162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

(2) F162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In paragraphs 1 to 15 of Schedule 9 to the said Act for the words “quarter sessions” and the words “a court of assize or quarter sessions” wherever they occur substitute “the Crown Court”.

(4) For paragraphs 16 to 20 of the said Schedule 9 substitute the following paragraph—

“16 Any order for the payment of costs made by the Crown Court, other than an order falling within Part I above, or an order for costs to be paid out of money provided by Parliament.”

Textual Amendments

F162 Sch. 8 Pt. 2 para. 60(1)(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Modifications etc. (not altering text)

C34 The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 56.

SCHEDULE 9 E+W Quarter Sessions Jurisdiction: Substitution of References to Crown Court

Part I E+W Appellate Jurisdiction

Act	Section or Schedule
M66 Inclosure and Drainage (Rates) Act 1833	Section 3.
M67 Ordnance Survey Act 1841	Section 2.
M68 Companies Clauses Consolidation Act 1845	Section 159.
M69 Lands Clauses Consolidation Act 1845	Section 146.
F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
M70 Towns Improvement Clauses Act 1847	Sections 185 to 190.
M71 Ecclesiastical Courts Jurisdiction Act 1860	Section 4.
F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
M72 Railway Rolling Stock Protection Act 1872	Section 6.
. . .	. . . F164
F165 . . .	F165 . . .
F166 . . .	F166 . . .
F167 . . .	F167 . . .
F166 . . .	F166 . . .
F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .	. . . F168
M73 Canals Protection (London) Act 1898	Section 5.
M74 Public Health Acts Amendment Act 1907	Section 7.
. . .	. . . F169
M75 Marine Insurance (Gambling Policies) Act 1909	Section 1(7).
M76 Protection of Animals Act 1911	Section 14(1).
M77 Performing Animals (Regulation) Act 1925	Section 2(2).
. . .	. . . F170
. . .	. . . F171
M78 Children and Young Persons Act 1933	Section 55(5).
	Section 102.
. . .	. . . F172
M79 Public Health Act 1936	Section 301.
F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .	. . . F173
. . .	. . . F174
M80 Prevention of Damage by Pests Act 1949	Section 15(4).
M81 Coast Protection Act 1949	Section 13(7).
National Parks and Access to the M82 Countryside Act 1949	Section 68(6).
F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .	. . . F175
. . .	. . . F176
	Schedule VII, 11.
. . .	. . . F177
. . .	. . . F178
. . .	. . . F179
. . .	. . . F180
M83 Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956.
F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .	. . . F181
F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .	. . . F182
M84 Milford Haven Conservancy Act 1958	Section 9(4).
F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .	. . . F183
F163 ...	F163 ...
. . .	. . . F184
M85 Obscene Publications Act 1959	Section 3(5).
. . .	. . . F185
F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .	. . . F186
F187 ...	F187 ...
	F187 ...
	F187 ...
	. . . F188
F189 ...	F189 ...
M86 Offices, Shops and Railway Premises Act 1963	Section 72.
F189 ...	F189 ...
M87 Compulsory Purchase Act 1965	Section 12(3).
[F190 M88 General Rate Act 1967	Sections 7(1), 99(5), 116(1).]
F189 ...	F189 ...
M89 Firearms Act 1968	Section 44.
	Part II of Schedule V.
F189 ...	F189 ...
F187 ...	F187 ...
	F187 ...
	F187 ...
	F187 ...
	F187 ...
. . .	. . . F186
F189 ...	F189 ...
M90 Children and Young Persons Act 1969	F191 Section F192 . . ..

Textual Amendments

F163 Sch. 9 Pt. 1 entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

F164 Entry repealed by Consumer Credit Act 1974 (c. 39), s. 192(4), Sch. 5 and S.I. 1983/1551, art. 5, Sch. 2

F165 Sch. 9 Pt I: the entry relating to the Explosives Act 1875 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VII

F166 Sch. 9 Pt. I: the entries relating to the Public Health Act 1875 and the Public Health Acts Amendment Act 1890 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group 1

F167 Sch. 9 Pt. I: the entry relating to the Highways and Locomotives (Amendment) Act 1878 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt XV Group 1

F168 Entry repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

F169 Entry repealed by Weights and Measures Act 1979 (c. 45, SIF 131), s. 23(2), Sch. 7

F170 Entry repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47(4), Sch. 7 Pt. IV

F171 Entries repealed by Consumer Credit Act 1974 (c. 39), Sch. 5 and Land Drainage Act 1976 (c. 70), Sch. 8

F172 Entry repealed by Poisons Act 1972 (c. 66), Sch. 2

F173 Entry repealed by Superannuation Act 1972 (c. 11), Sch. 8

F174 Entry repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99(3), 101(1), Sch. 13, Sch. 15 Pt. I

F175 Entry repealed by Animal Health Act 1981 (c. 22, SIF 4:4), s. 96(2), Sch. 6

F176 Entry repealed by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(3), Sch. 6

F177 Entry repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

F178 Entry repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(3), Sch. 9

F179 Entry repealed by Cinematograph (Amendment) Act 1982 (c. 33, SIF 45A), s. 10(2), Sch. 2

F180 Entry repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 11

F181 Entry repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(2), Sch. 8

F182 Entry repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3(1), 5(2), Sch. 1 Pt. I, Sch. 4

F183 Entry repealed by Foster Children Act 1980 (c. 6, SIF 20), s. 23(3), Sch. 3

F184 Entry repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25

F185 Entry repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148(3), Sch. 6

F186 Entry repealed by Town and Country Planning Act 1971 (c. 78), Sch. 25

F187 Sch. 9 Pt. 1 entries repealed (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(4)

F188 Words repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5

F189 Sch. 9 Pt. 1 entries repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, arts. 1(2), 2(2) (with art. 4)

F190 Entry repealed (E.W.) (for financial year beginning in or after 1990) by Local Government Finance Act 1988 (c. 41, SIF 81:1), ss. 142, 149, Sch. 13 Pt. I (subject to any saving under s. 117(8) of the said Local Government Finance Act 1988)

F191 “Section 16(8)” in Sch. 19 Pt. I substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 28 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F192 Word in Sch. 9 Pt. I in entry relating to “Children and Young Persons Act 1969”repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Marginal Citations

M66 1833 c. 35.

M67 1841 c. 30.

M68 1845 c. 16.

M69 1845 c. 18.

M70 1847 c. 34.

M71 1860 c. 32.

M72 1872 c. 50.

M73 1898 c. 16.

M74 1907 c. 53.

M75 1909 c. 12.

M76 1911 c. 27.

M77 1925 c. 38.

M78 1933 c. 12.

M79 1936 c. 49.

M80 1949 c. 55.

M81 1949 c. 74.

M82 1949 c. 97.

M83 1956 c. 44.

M84 1958 c. 23.

M85 1959 c. 66.

M86 1963 c. 41.

M87 1965 c. 56.

M88 1967 c. 9.

M89 1968 c. 27.

M90 1969 c. 54.

Part II E+W Original Jurisdiction

Act	Section or Schedule
. . .	. . . F193
. . .	. . . F194
. . .	. . . F195
M91 Firearms Act 1968	Section 21(6)(7).
	Schedule 3 Part I.

Textual Amendments

F193 Words repealed by Reservoirs Act 1975 (c. 23), ss. 28(1), 29(1)

F194 Entry repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73(1), Sch. 17 Pt. II

F195 Entry repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25

Marginal Citations

M91 1968 c. 27.

Section 56.

SCHEDULE 10. E+W Transitional Provisions

Part I E+W Criminal Assize Courts and Courts of Quarter Sessions

1 (1) Subject to the provisions of this Act, for the purpose of enabling proceedings instituted before the appointed day to be continued thereafter, and for preserving in other respects the continuity of the administration of justice, the Crown Court shall be treated as succeeding to, and being the same court as, all criminal assize courts and, except as respects functions not transferred to the Crown Court, all courts of quarter sessions. E+W

(2) Any order, writ, summons, warrant, recognizance, notice, grant of legal aid or other proceeding or document shall have effect in accordance with sub-paragraph (1) above, and shall be construed, unless the context otherwise requires, in accordance with the Table in Part I of Schedule 8 to this Act.

(3) F196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F196 Sch. 10 para. 1(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Part-heard proceedings E+W

2 E+W F197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F197 Sch. 10 para. 2 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Costs in criminal cases E+W

3 E+W F198 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F198 Sch. 10 para. 3 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Records of courts of quarter sessions E+W

4 E+W F199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F199 Sch. 10 para. 4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Part II E+W Courts: Miscellaneous

Civil courts of assize E+W

5 E+W F200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F200 Sch. 10 para. 5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Directions by Lord Chief Justice E+W

6 E+W F201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F201 Sch. 10 para. 6 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Part III E+W County Court Judges

7 E+W F202 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F202 Sch. 10 para. 7 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

8 E+W F203 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F203 Sch. 10 para. 8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Part IV E+W Judges, Officers and Staff

Continuation of appointments E+W

9 (1) The repeals made by this Act shall not affect the appointment of any judge, officer or other person made before the repeal takes effect, but without prejudice to any provision of this Act abolishing any office or employment. E+W

(2) The repeals made by this Act shall not affect any pension or other right in respect of service before the repeal takes effect.

Jury service E+W

10 E+W F204 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F204 Sch. 10 para. 10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

11, 12. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F205

Textual Amendments

F205 Sch. 10 paras. 11, 12 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(2), Sch. 4

13, 14. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F206

Textual Amendments

F206 Sch. 10 paras. 13, 14 repealed by Superannuation Act 1972 (c. 11), Sch. 8

15 (1) In relation to any person who, before the day appointed for the coming into force of section 44(1)(a) of this Act held office as a clerk of the peace or a deputy clerk of the peace, the repeal by this Act of— E+W

(a) section 9(2) of the M92 Local Government (Clerks) Act 1931,

(b) any provision of the M93 Local Government Superannuation Act 1937,

(C) any provision of the M94 Local Government Superannuation Act 1953, and

(d) sections 8 and 29 of the M95 Administration of Justice Act 1964.

shall not affect the continued operation of those provisions or of any regulations made under them so far as they relate to rights accrued, contributions made and other things done before that day.

(2) Without prejudice to sub-paragraph (1) above, for the purposes of—

(a) any statutory provision contained in or made or issued under the Local Government Superannuation Acts 1937 to 1953, the M96 Superannuation (Miscellaneous Provisions) Act 1948 or Part III of the M97 National Insurance Act 1965, which is in force at the passing of this Act, and

(b) except as may be otherwise expressly provided therein, any enactments passed after the passing of this Act whereby any of those Acts is amended, extended or superseded, and any statutory instrument which after the passing of this Act is made or issued under any of those Acts or such an enactment,

in any case where, at the time after the day appointed for the purposes of section 44(1) of this Act, a court of quarter sessions would, if this Act had not been passed, have been the employing authority in relation to a clerk of the peace, deputy clerk of the peace or other officer of the court who before that day died while serving, or otherwise ceased to serve, in that employment, or in relation to the widow or any other dependant of such a person, the relevant local authority, as defined in sub-paragraph (3) below, shall be treated as being at that time the employing authority in relation to that person or, as the case may be, to that person’s widow or other dependant.

(3) In sub-paragraph (2) above “the relevant local authority” means—

(a) in relation to a person, or the widow or other dependant of a person, who was clerk of the peace or deputy clerk of the peace for a London commission area or who was otherwise an officer of the court of quarter sessions for such an area, the Greater London Council; and

(b) in relation to any person, or the widow or other dependant of any person, not falling within paragraph (a) above, the county council which, immediately before the day appointed for the purposes of section 44(1) of this Act, defrayed expenditure of the court of quarter sessions concerned under section 29(9) of the M98 Administration of Justice Act 1964.

Marginal Citations

M92 1931 c. 45.

M93 1937 c. 68.

M94 1953 c. 25.

M95 1964 c. 42.

M96 1948 c. 33.

M97 1965 c. 51.

M98 1964 c. 42.

16 (1) The Lord Chancellor may, with the concurrence of the Minister for the Civil Service, give a direction with respect to any clerk, bailiff, usher or messenger of a county court appointed by the registrar of that court under the proviso to section 28(1) of the M99 County Courts Act 1959 (which relates to the case where the registrar’s salary includes the remuneration of any such officer) or deemed to have been so appointed by virtue of section 205 of that Act; and where a direction is so given then, subject to sub-paragraph (2) below, that person’s employment in court service shall be deemed for all purposes to be employment in the civil service of the State . . . F207 E+W

(2) Except in so far as the Minister for the Civil Service directs in any case, no account shall be taken for the purposes of this paragraph of court service before the [F208 giving of the direction under sub-paragraph (1) above].

(3) For the purpose of this paragraph “court service” means employment as a clerk, bailiff, usher or messenger in the service of a county court, whether or not combined with employment as a clerk in the service of a district registry of the High Court.

Textual Amendments

F207 Words repealed by Superannuation Act 1972 (c. 11), Sch. 8

F208 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 81(b)

Marginal Citations

M99 1959 c. 22.

Seconding of staff from local or other authorities E+W

17 E+W F209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F209 Sch. 10 para. 17 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Section 56.

SCHEDULE 11 E+W REPEALS

Modifications etc. (not altering text)

C35 The text of Schedule 11 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.