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Access to Justice Act 1999

Status:

Point in time view as at 12/01/2006.

Changes to legislation:

Access to Justice Act 1999 is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

Section 1.

SCHEDULE 1E+W Legal Services Commission

Incorporation and statusE+W

1E+WThe Commission shall be a body corporate.

2E+WThe Commission shall not be regarded—

(a)as the servant or agent of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown;

and the Commission’s property shall not be regarded as property of, or held on behalf of, the Crown.

Tenure of membersE+W

Prospective

F13U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Schs. 1-3A omitted (1.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 51(a); S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

4(1)A member of the Commission, or the person appointed to chair it, may resign office by giving notice in writing to the [F2Lord Chancellor].E+W

(2)If the person appointed to chair the Commission ceases to be a member of it, he shall cease to chair it.

(3)A person who ceases to be a member of the Commission, or to chair it, shall be eligible for reappointment.

Textual Amendments

5E+WThe [F3Lord Chancellor] may terminate the appointment of a member of the Commission if satisfied that—

(a)he has become bankrupt or made an arrangement with his creditors,

(b)he is unable to carry out his duties as a member of the Commission by reason of illness,

(c)he has been absent from meetings of the Commission for a period longer than six consecutive months without the permission of the Commission, or

(d)he is otherwise unable or unfit to discharge the functions of a member of the Commission.

Textual Amendments

Members’ interestsE+W

6(1)Before appointing a person to be a member of the Commission, the [F4Lord Chancellor] shall satisfy himself that that person will have no such financial or other interest as is likely to affect prejudicially the exercise or performance by him of his functions as a member of the Commission.E+W

(2)The [F4Lord Chancellor] shall from time to time satisfy himself with respect to every member of the Commission that he has no such interest as is referred to in sub-paragraph (1).

(3)Any person whom the [F4Lord Chancellor] proposes to appoint as, and who has consented to be, a member of the Commission, and any member of the Commission, shall (whenever requested by the [F4Lord Chancellor] to do so) supply him with such information as the [F4Lord Chancellor] considers necessary for the performance by the [F4Lord Chancellor] of his duties under this paragraph.

Textual Amendments

7(1)A member of the Commission who is in any way directly or indirectly interested in an individual contract entered into or proposed to be entered into, or an individual grant, loan or other payment made or proposed to be made, by the Commission shall disclose the nature of his interest at a meeting of the Commission; and—E+W

(a)the disclosure shall be recorded in the minutes of the Commission, and

(b)the member shall not take any part in any deliberation or decision of the Commission with respect to that contract or grant, loan or other payment.

(2)For the purposes of sub-paragraph (1), a general notice given at a meeting of the Commission by a member of the Commission to the effect—

(a)that he is a person with whom a contract may be entered into, or to whom a grant, loan or other payment may be made, by the Commission, or

(b)that he is a member of a specified body with which a contract may be entered into, or to which a grant, loan or other payment may be made, by the Commission,

shall be regarded as a sufficient disclosure of his interest in relation to any contract subsequently entered into with, or grant, loan or other payment made to, him or the body.

(3)A member of the Commission need not attend in person at a meeting of the Commission in order to make any disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read out at the meeting.

Remuneration of membersE+W

8(1)The Commission may—E+W

(a)pay to its members such remuneration, and

(b)make provision for the payment of such pensions, allowances or gratuities to or in respect of its members,

as the [F5Lord Chancellor] may determine.

(2)Where a person ceases to be a member of the Commission otherwise than on the expiry of his term of office, and it appears to the [F5Lord Chancellor] that there are special circumstances which make it right for that person to receive compensation, the [F5Lord Chancellor] may require the Commission to make that person a payment of such amount as the [F5Lord Chancellor] may determine.

Textual Amendments

StaffE+W

9(1)The Commission shall appoint a person to be the chief executive of the Commission who shall be responsible to the Commission for the exercise of its functions.E+W

(2)The Commission may appoint such other employees as it thinks fit.

(3)The Commission may only appoint a person to be—

(a)its chief executive, or

(b)the holder of any other employment of a description specified by the [F6Lord Chancellor] by direction given to the Commission,

after consultation with, and subject to the approval of, the [F6Lord Chancellor] .

(4)An appointment under this paragraph may be made on such terms and conditions as the Commission, with the approval of the [F6Lord Chancellor] , may determine.

Textual Amendments

10(1)The Commission shall make, in respect of such of its employees as, with the approval of the [F7Lord Chancellor] , it may determine such arrangements for providing pensions, allowances or gratuities, including pensions, allowances or gratuities by way of compensation for loss of employment, as it may determine.E+W

(2)Arrangements under sub-paragraph (1) may include the establishment and administration, by the Commission or otherwise, of one or more pension schemes.

(3)If an employee of the Commission—

(a)becomes a member of the Commission, and

(b)was by reference to his employment by the Commission a participant in a pension scheme established and administered by it for the benefit of its employees,

the Commission may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the Commission whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 8.

(4)Where the Commission exercises the power conferred by sub-paragraph (3), any discretion as to the benefits payable to or in respect of the member concerned which the scheme confers on the Commission shall be exercised only with the approval of the [F7Lord Chancellor] .

Textual Amendments

Funding of costs relating to administration etc.E+W

11(1)The [F8Lord Chancellor] shall pay to the Commission such sums as he may determine as appropriate for—

(a)the exercise by the Commission of functions in relation to the Community Legal Service other than the funding of services, and

(b)the administrative costs of the Commission.

(2)The [F8Lord Chancellor] may—

(a)determine the manner in which and times at which the sums mentioned in sub-paragraph (1) are to be paid to the Commission, and

(b)impose conditions on the payment of those sums.

Textual Amendments

ProceedingsE+W

12(1)Subject to anything in any instrument made under this Part, the Commission may regulate its own proceedings.E+W

(2)Committees—

(a)may be appointed, and may be dissolved, by the Commission, and

(b)may include, or consist entirely of, persons who are not members of the Commission,

but the [F9Lord Chancellor] may by direction require the Commission to make such provision relating to committees as is specified in the direction.

(3)A committee shall act in accordance with such instructions as the Commission may from time to time give; and the Commission may provide for anything done by a committee to have effect as if it had been done by the Commission.

(4)The Commission may pay to the members of any committee such fees and allowances as the [F9Lord Chancellor] may determine.

(5)The validity of any proceedings of the Commission or of any committee appointed by the Commission shall not be affected by any vacancy among its members or by any defect in the appointment of any member.

Textual Amendments

Provision of informationE+W

13(1)The Commission shall provide the [F10Lord Chancellor] with such information as he may require relating to its property and to the discharge or proposed discharge of its functions.E+W

(2)The Commission shall—

(a)permit any person authorised by the [F10Lord Chancellor] to inspect and make copies of any accounts or documents of the Commission, and

(b)provide such explanation of them as any such person, or the [F10Lord Chancellor] , may require.

Textual Amendments

Annual reportE+W

14(1)The Commission shall provide to the [F11Lord Chancellor] , as soon as possible after the end of each financial year, a report on how it has during that year—E+W

(a)funded services from the Community Legal Service Fund,

(b)funded services as part of the Criminal Defence Service, and

(c)exercised its other functions.

(2)The [F11Lord Chancellor] may by direction require the Commission to deal with the matters specified in the direction in reports, or a particular report, under this paragraph.

(3)The [F11Lord Chancellor] shall lay before each House of Parliament a copy of each report provided to him under this paragraph and the Commission shall publish a report once it has been so laid.

(4)In this paragraph and paragraphs 15 and 16 “financial year” means—

(a)the period beginning with the day on which the Commission is established and ending with the next 31st March, and

(b)each subsequent period of twelve months ending with 31st March.

Textual Amendments

Annual planE+W

15(1)The Commission shall, before the beginning of each financial year (other than that specified in paragraph 14(4)(a)), prepare a plan setting out how it intends in that year—E+W

(a)to fund services from the Community Legal Service Fund,

(b)to fund services as part of the Criminal Defence Service, and

(c)to exercise its other functions,

and the plan shall include a summary of what the Commission has ascertained in the exercise of its functions under section 4(6).

(2)The [F12Lord Chancellor] may by direction require the Commission to deal with the matters specified in the direction in plans, or a particular plan, under sub-paragraph (1).

(3)The Commission shall send a copy of each plan prepared under sub-paragraph (1) to the [F12Lord Chancellor].

(4)If the [F12Lord Chancellor] approves it, he shall lay a copy before each House of Parliament and the Commission shall publish the plan once it has been so laid.

(5)If he does not approve it, he shall by direction require the Commission to revise it in accordance with the direction; and the direction shall include the [F13Lord Chancellor's] reasons for not approving the plan.

(6)When the Commission has revised the plan it shall send the [F12Lord Chancellor] a copy of the revised plan and he shall lay a copy before each House of Parliament and the Commission shall publish the revised plan once it has been so laid.

Textual Amendments

Accounts and auditE+W

16(1)The Commission shall keep accounts and shall prepare in respect of each financial year a statement of accounts.E+W

(2)The accounts shall be kept, and the statement of accounts shall be prepared, in such form as the [F14Lord Chancellor] may, with the approval of the Treasury, specify by direction given to the Commission.

(3)The Commission shall send a copy of the statement of accounts in respect of each financial year to the [F14Lord Chancellor] and to the Comptroller and Auditor General within such period after the end of the financial year to which it relates as the [F14Lord Chancellor] may specify by direction given to the Commission.

(4)The Comptroller and Auditor General shall—

(a)examine, certify and report on each statement of accounts received by him under sub-paragraph (3), and

(b)lay a copy of each such statement of accounts, and his report on it, before each House of Parliament.

Textual Amendments

InstrumentsE+W

17(1)The fixing of the seal of the Commission shall be authenticated by a member of the Commission or by some other person authorised either generally or specially by the Commission to act for that purpose.E+W

(2)A document purporting to be duly executed under the seal of the Commission or to be signed on the Commission’s behalf—

(a)shall be received in evidence, and

(b)unless the contrary is proved, shall be deemed to be so executed or signed.

Section 6.

SCHEDULE 2E+W Community Legal Service: excluded services

The services which may not be funded as part of the Community Legal Service are as follows.

1Services consisting of the provision of help (beyond the provision of general information about the law and the legal system and the availability of legal services) in relation to—

[F15(a)allegations of personal injury or death, other than allegations relating to clinical negligence,

(aa)allegations of negligently caused damage to property,]

(b)conveyancing,

(c)boundary disputes,

(d)the making of wills,

(e)matters of trust law,

(f)defamation or malicious falsehood,

(g)matters of company or partnership law, F16. . .

(h)other matters arising out of the carrying on of a [F17business, or]

[F18(i)attending an interview conducted on behalf of the Secretary of State with a view to his reaching a decision on a claim for asylum (as defined by section 167(1) of the Immigration and Asylum Act 1999 F19).]

Textual Amendments

F191999 c 33.

Yn ddilys o 01/02/2010

[F201AE+WServices consisting of the provision of help to an individual in relation to matters arising out of or in connection with—

(a)a proposal by that individual to establish a business;

(b)the carrying on of a business by that individual (whether or not the business is being carried on at the time the services are provided);

(c)the termination or transfer of a business that was being carried on by that individual.]

Textual Amendments

2Advocacy in any proceedings except—

(1)proceedings in—

(a)the House of Lords in its judicial capacity,

(b)the Judicial Committee of the Privy Council in the exercise of its jurisdiction under the M1Government of Wales Act 1998, the M2Scotland Act 1998 or the M3Northern Ireland Act 1998,

(c)the Court of Appeal,

(d)the High Court,

(e)any county court,

(f)the Employment Appeal Tribunal, [F21or]

(g)any Mental Health Review Tribunal,

[F22(h)the Asylum and Immigration Tribunal,]

[F23(ha)the Special Immigration Appeals Commission,][F24 or

F24(i)the Proscribed Organisations Appeal Commission]

(2)proceedings in the Crown Court—

(a)for the variation or discharge of an order under section 5 of the M4Protection from Harassment Act 1997,

(b)which relate to an order under section F25. . . 10 of the M5Crime and Disorder Act 1998, F26. . .

F27(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F28F29. . .

(d)which relate to an order under paragraph 6 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001][F30 or]

[F31(e)under the Proceeds of Crime Act 2002 to the extent specified in paragraph 3,]

(3)proceedings in a magistrates’ court—

(a)under section 43 or 47 of the M6National Assistance Act 1948, section 22 of the M7Maintenance Orders Act 1950, section 4 of the M8Maintenance Orders Act 1958 or section 106 of the M9Social Security Administration Act 1992,

(b)under Part I of the M10Maintenance Orders (Reciprocal Enforcement) Act 1972 relating to a maintenance order made by a court of a country outside the United Kingdom,

(c)in relation to an application for leave of the court to remove a child from a person’s custody under [F32section 36 of the Adoption and Children Act 2002] or in which the making of [F33a placement order or adoption order (within the meaning of the Adoption and Children Act 2002) or an order under section 41 or 84] of that Act is opposed by any party to the proceedings,

(d)for or in relation to an order under Part I of the M11Domestic Proceedings and Magistrates’ Courts Act 1978 [F34or Schedule 6 to the Civil Partnership Act 2004],

[F35(da)under section 55A of the Family Law Act 1986 (declarations of parentage),]

(e)under the M12Children Act 1989,

(f)under section 30 of the M13Human Fertilisation and Embryology Act 1990,

(g)under section 20 F36. . . of the M14Child Support Act 1991,

(h)under Part IV of the M15Family Law Act 1996,

(i)for the variation or discharge of an order under section 5 of the Protection from Harassment Act 1997, F37. . .

(j)under [F38section 8 or 11] of the Crime and Disorder Act 1998 [F39F40. . . ,

(k)for an order or direction under paragraph 3, 5, 6, 9 or 10 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001]

[F41(l)for an order or direction under section 295, 297, 298, 301 or 302 of the Proceeds of Crime Act 2002,] and

(4)proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within paragraphs (1) to (3).

Textual Amendments

F24Sch. 2 para. 2(1)(i) and preceding word inserted (19.2.2001) by 2000 c. 11, s. 125(1), Sch. 15 para. 19; S.I. 2001/421, art. 2

F25Words in Sch. 2 para. 2(2)(b) deleted (1.4.2000) by S.I. 2000/822, art. 3(b)(i)

F28Sch. 2 para. 2(2)(d) and preceding word inserted (20.12.2001) by 2001 c. 24, s. 2(2); S.I. 2001/4019, art. 2(b)

F38Words in Sch. 2 para. 2(3)(j) substituted (1.4.2000) by S.I. 2000/822, art. 3(c)

F39Sch. 2 para. 2(3)(k) and preceding word inserted (20.12.2001) by 2001 c. 24, s. 2(3); S.I. 2001/4019, art. 2(b)

Marginal Citations

3(1)These are the proceedings under the Proceeds of Crime Act 2002—

[F42(za)an application under section 42 for a restraint order;]

(a)an application under section 42(3) to vary or discharge a restraint order or an order under section 41(7);

(b)proceedings which relate to a direction under section 54(3) or 56(3) as to the distribution of funds in the hands of a receiver;

(c)an application under section 62 relating to action taken or proposed to be taken by a receiver;

(d)an application under section 63 to vary or discharge an order under any of sections 48 to 53 for the appointment of or conferring powers on a receiver;

(e)an application under section 72 or 73 for the payment of compensation;

(f)proceedings which relate to an order under section 298 for the forfeiture of cash;

(g)an application under section 351(3), 362(3), 369(3) or 375(2) to vary or discharge certain orders made under Part 8.

(2)But sub-paragraph (1) does not authorise the funding of the provision of services to a defendant (within the meaning of Part 1 of that Act) in relation to—

(a)proceedings mentioned in paragraph (b);

(b)an application under section 73 for the payment of compensation if the confiscation order was varied under section 29.

Textual Amendments

Prospective

F1E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Schs. 1-3A omitted (1.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 51(a); S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

Section 14.

SCHEDULE 3E+W Criminal Defence Service: right to representation

Individuals to whom right may be grantedE+W

1(1)A right to representation for the purposes of any kind of criminal proceedings before a court may be granted to an individual such as is mentioned in relation to that kind of proceedings in section 12(2).E+W

(2)A right to representation for the purposes of criminal proceedings may also be granted to an individual to enable him to resist an appeal to the Crown Court otherwise than in an official capacity.

(3)In this Schedule “court” includes any body before which criminal proceedings take place.

Yn ddilys o 14/07/2008

[F43Individuals to whom right may be provisionally grantedE+W

Textual Amendments

1A(1)Regulations may provide that, in prescribed circumstances, and subject to any prescribed conditions, a right to representation may be provisionally granted to an individual where—E+W

(a)the individual is involved in an investigation which may result in criminal proceedings, and

(b)the right is so granted for the purposes of criminal proceedings that may result from the investigation.

(2)Regulations under sub-paragraph (1) may, in particular, make provision about—

(a)the stage in an investigation at which a right to representation may be provisionally granted;

(b)the circumstances in which a right which has been so granted—

(i)is to become, or be treated as if it were, a right to representation under paragraph 1, or

(ii)is to be, or may be, withdrawn.]

Grant of right by courtE+W

2(1)A court before which any criminal proceedings take place, or are to take place, has power to grant a right to representation in respect of those proceedings except in such circumstances as may be prescribed.

(2)Where a right to representation is granted for the purposes of criminal proceedings it includes the right to representation for the purposes of any related bail proceedings and any preliminary or incidental proceedings; and regulations may make provision specifying whether any proceedings are or are not to be regarded as preliminary or incidental.

(3)A court also has power to grant a right to representation for the purposes of criminal proceedings before another court in such circumstances as may be prescribed.

(4)The form of the application for a grant of a right to representation under this paragraph, and the form of the grant of such a right, shall be such as may be prescribed.

(5)A right to representation in respect of proceedings may be withdrawn by any court before which the proceedings take place; and a court must consider whether to withdraw a right to representation in such circumstances as may be prescribed.

(6)The powers of a magistrates’ court for any area under this paragraph may be exercised by a single justice of the peace for the area.

(7)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Grant of right by commissionE+W

Yn ddilys o 02/10/2006

2A(1)Regulations may—

(a)provide that the Commission shall have power to grant rights to representation in respect of criminal proceedings of a prescribed description;

(b)provide that the Commission shall, except in such circumstances as may be prescribed, have power to withdraw any rights to representation granted in respect of proceedings of a description prescribed under paragraph (a).

(2)In sub-paragraph (1)(a), the reference to criminal proceedings does not include proceedings prescribed under section 12(2)(g).

(3)Regulations under sub-paragraph (1) may make such consequential amendment or repeal of any enactment, including an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), as the Lord Chancellor may consider appropriate.

3(1)Regulations may provide that the Commission shall have power to grant rights to representation in respect of any one or more of the descriptions of proceedings prescribed under section 12(2)(g), and to withdraw any rights to representation granted by it.

(2)The form of any application for a grant of a right to representation under this paragraph, and the form of the grant of such a right, shall be such as may be prescribed.

(3)Regulations under sub-paragraph (1) may make such transitional provisions as the [F45Lord Chancellor] may consider appropriate.

Textual Amendments

Yn ddilys o 02/10/2006

3A(1)The form of the grant of a right to representation under paragraph 2A or 3 shall be such as may be prescribed.

(2)Regulations under paragraph 2A or 3 may make such transitional provision as the Lord Chancellor may consider appropriate.

Yn ddilys o 02/10/2006

[F46Financial eligibilityE+W

Textual Amendments

3B(1)Power under this Schedule to grant a right to representation may only be exercised in relation to an individual whose financial resources appear to the relevant authority to be such that, under regulations, he is eligible to be granted such a right.

(2)Power under this Schedule to withdraw a right to representation shall be exercised in relation to an individual if it appears to the relevant authority—

(a)that his financial resources are not such that, under regulations, he is eligible to be granted such a right, or

(b)that he has failed, in relation to the right, to comply with regulations under this paragraph about the furnishing of information.

(3)Regulations may make provision for exceptions from sub-paragraph (1) or (2).

(4)Regulations under this paragraph may include—

(a)provision requiring the furnishing of information;

(b)provision for the notification of decisions about the application of—

(i)sub-paragraph (1) or (2), or

(ii)regulations under sub-paragraph (3);

(c)provision for the review of such decisions;

(d)such transitional provision as the Lord Chancellor may consider appropriate.

(5)The provision which may be made under sub-paragraph (4)(c) includes provision prescribing circumstances in which the person or body reviewing a decision may refer a question to the High Court for its decision.

(6)Section 16 of the Supreme Court Act 1981 (appeals from the High Court) shall not apply to decisions of the High Court on a reference under regulations under this paragraph.]

AppealsE+W

4Except where regulations otherwise provide, an appeal shall lie to such court or other person or body as may be prescribed against a decision to refuse to grant a right to representation or to withdraw a right to representation.

Criteria for grant of rightE+W

5(1)Any question as to whether a right to representation should be granted shall be determined according to the interests of justice.

(2)In deciding what the interests of justice consist of in relation to any individual, the following factors must be taken into account—

(a)whether the individual would, if any matter arising in the proceedings is decided against him, be likely to lose his liberty or livelihood or suffer serious damage to his reputation,

(b)whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law,

(c)whether the individual may be unable to understand the proceedings or to state his own case,

(d)whether the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual, and

(e)whether it is in the interests of another person that the individual be represented.

(3)The [F47Lord Chancellor] may by order amend sub-paragraph (2) by adding new factors or varying any factor.

(4)A right to representation shall always be granted in such circumstances as may be prescribed.

Textual Amendments

Yn ddilys o 14/07/2008

[F48Information requestsE+W

Textual Amendments

6(1)The relevant authority may make an information request to—

(a)the Secretary of State, or

(b)the Commissioners,

for the purpose of facilitating the making of a decision by the authority about the application of paragraph 3B(1) or (2), or regulations under paragraph 3B(3), in relation to an individual.

(2)An information request made to the Secretary of State is a request for the disclosure of some or all of the following information—

(a)the individual's full name;

(b)the individual's address;

(c)the individual's date of birth;

(d)the individual's national insurance number;

(e)the individual's benefit status;

(f)information of any description specified in regulations.

(3)An information request made to the Commissioners is a request for the disclosure of some or all of the following information—

(a)whether or not the individual is employed;

(b)the name and address of the employer (if the individual is employed);

(c)the individual's national insurance number;

(d)information of any description specified in regulations made with the agreement of the Commissioners.

(4)The information that may be specified under subsection (3)(d) includes, in particular, information relating to the individual's income (as defined in the regulations) for a period so specified.

(5)On receiving an information request, the Secretary of State or (as the case may be) the Commissioners may disclose the information requested to the relevant authority.

Yn ddilys o 14/07/2008

Restrictions on disclosureE+W

7(1)A person to whom information is disclosed under paragraph 6(5), or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making of a decision by the relevant authority about the application of paragraph 3B(1) or (2), or regulations under paragraph 3B(3), in relation to an individual.

(2)A person to whom such information is disclosed commits an offence if the person—

(a)discloses or uses the information, and

(b)the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision as is mentioned in that sub-paragraph.

(3)But it is not an offence under sub-paragraph (2)—

(a)to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or

(b)to disclose any information which has previously been lawfully disclosed to the public.

(4)It is a defence for a person charged with an offence under sub-paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.

(5)A person guilty of an offence under sub-paragraph (2) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both;

(b)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both.

(6)In sub-paragraph (5)(b) the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003.

(7)Nothing in section 20 applies in relation to the disclosure of information to which sub-paragraph (1) applies.

Yn ddilys o 14/07/2008

Paragraphs 6 and 7: supplementaryE+W

8(1)This paragraph applies for the purposes of paragraphs 6 and 7.

(2)“Benefit status”, in relation to an individual, means whether or not the individual is in direct or indirect receipt of any prescribed benefit or benefits and, if so (in the case of each benefit)—

(a)which benefit the individual is so receiving, and

(b)(in prescribed cases) the amount the individual is so receiving by way of the benefit.

(3)“The Commissioners” means the Commissioners for Her Majesty's Revenue and Customs.

(4)“Information” means information held in any form.

(5)Nothing in paragraph 6 or 7 authorises the making of a disclosure which contravenes the Data Protection Act 1998.]

Yn ddilys o 12/11/2009

[F49Schedule 3AE+WMotor vehicle orders

Textual Amendments

IntroductoryE+W

1E+WIn this Schedule “enforcement regulations” means regulations under section 17A(1) made by virtue of section 17A(2)(e).

Further general powers to regulate motor vehicle ordersE+W

2E+WEnforcement regulations may make provision about or in connection with—

(a)the procedure for making motor vehicle orders;

(b)the matters which must be included in such orders;

(c)the fitting of immobilisation devices;

(d)the fixing of notices to motor vehicles to which immobilisation devices have been fitted and the content of such notices;

(e)the removal and storage of motor vehicles;

(f)the release of motor vehicles from immobilisation devices or from storage (including the conditions to be met before a motor vehicle is released);

(g)the sale or other disposal of motor vehicles not released;

(h)the imposition of charges in connection with—

(i)the fitting of immobilisation devices;

(ii)the removal, storage, release (whether from immobilisation devices or from storage), sale or disposal of motor vehicles;

(i)the recovery of such charges (including provision for them to be recovered from the proceeds of sale of motor vehicles).

ApplicationsE+W

3E+WEnforcement regulations must provide that a motor vehicle order may be made in relation to an overdue sum only on the application of the person or body to which the overdue sum is payable.

Matters of which court to be satisfiedE+W

4(1)Enforcement regulations must provide that, before a court makes a clamping order in respect of an individual, it must be satisfied—E+W

(a)that the failure to pay the overdue sum is attributable to the individual's wilful refusal or culpable neglect, and

(b)that the value of the motor vehicle or vehicles to be clamped, if sold, would be likely to be an amount which exceeds half of the estimated recoverable amount.

(2)“The estimated recoverable amount” means the aggregate of—

(a)the amount of the overdue sum, and

(b)the amount of the likely charges due under the enforcement regulations in relation to the motor vehicle or vehicles.

Ownership of motor vehiclesE+W

5(1)Enforcement regulations must provide that a clamping order must not be made except in relation to a motor vehicle which is owned by the individual liable to pay the overdue sum.E+W

(2)For this purpose a motor vehicle is owned by an individual if the individual has an interest in the motor vehicle.

Motor vehicles used by disabled personsE+W

6E+WEnforcement regulations must provide that an immobilisation device may not be fitted to a motor vehicle—

(a)which displays a current disabled person's badge or a current recognised badge, or

(b)in relation to which there are reasonable grounds for believing that it is used for the carriage of a disabled person.

Restrictions on making vehicle sale ordersE+W

7E+WEnforcement regulations must provide that, where a motor vehicle has been clamped under a clamping order, no vehicle sale order may be made in respect of the motor vehicle before the end of the period specified in the regulations.

InterpretationE+W

8E+WIn this Schedule—

  • “disabled person's badge” means a badge issued, or having effect as if issued, under regulations made under section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons);

  • “immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked);

  • “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, except that section 189 of the Road Traffic Act 1988 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts;

  • “recognised badge” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain);

and “clamped”, “clamping order”, “motor vehicle order”, “overdue sum” and “vehicle sale order” are to be construed in accordance with section 17A.]

Section 24.

SCHEDULE 4U.K.

Amendments consequential on Part IU.K.

The Public Records Act 1958 (c.51)U.K.

1U.K.In the First Schedule to the Public Records Act 1958 (definition of public records), in Part I of the Table at the end of paragraph 3, in the second column, after “Legal Aid Board.” insert—

“Legal Services Commission”

The Parliamentary Commissioner Act 1967 (c.13)U.K.

2U.K.In Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), insert (at the appropriate place in alphabetical order)—

“Legal Services Commission”

The Criminal Appeal Act 1968 (c.19)U.K.

3U.K.In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), at the end insert—

“(3)An order under section 17 of the Access to Justice Act 1999 is not a sentence for the purposes of this Act.”

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

4U.K.The Children and Young Persons Act 1969 has effect subject to the following amendments.

F505U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6U.K.In section 23 (remands and committals to local authority accommodation), in subsection (5A) (restrictions on imposing a security requirement on person who is not legally represented)—

(a)for paragraph (a) substitute—

“(a)he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct; or”, and

(b)in paragraph (b), for “legal aid” substitute “ such representation ”.

7U.K.In that section as it has effect pursuant to section 98 of the Crime and Disorder Act 1998 (alternative provision for 15 and 16 year old boys), in subsection (4A) (restrictions on remand of boy who is not legally represented)—

(a)for paragraph (a) substitute—

“(a)he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct; or”, and

(b)in paragraph (b), for “legal aid” substitute “ such representation ”.

The Attachment of Earnings Act 1971 (c.32)U.K.

8U.K.In section 1(3)(c) of the Attachment of Earnings Act 1971 (magistrates’ court may make order to secure payment of any sum required to be paid by legal aid contribution order), for “legal aid contribution order” substitute “ order under section 17(2) of the Access to Justice Act 1999 ”.

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

F519U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Solicitors Act 1974 (c.47)U.K.

10(1)Section 47 of the Solicitors Act 1974 (jurisdiction of Solicitors Disciplinary Tribunal) is amended as follows.U.K.

(2)In subsection (2)(d) (exclusion of solicitor from legal aid work), for “legal aid work” substitute “ providing representation funded by the Legal Services Commission as part of the Criminal Defence Service ”.

(3)In subsection (2A) (exclusion of solicitor from providing legal aid work because of conduct in connection with services under the Legal Aid Act 1988)—

(a)for “legal aid work” substitute “ providing representation ”, and

(b)in paragraph (a), for “under the Legal Aid Act 1988” substitute “ funded by the Legal Services Commission as part of the Community Legal Service or Criminal Defence Service ”.

(4)In subsection (2B) (exclusion of member of solicitor’s firm from legal aid work), for “legal aid work” substitute “ providing representation funded by the Legal Services Commission as part of the Criminal Defence Service ”.

(5)In subsection (2D) (person excluded from legal aid work may apply for termination of exclusion), for “legal aid work” substitute “ providing representation funded by the Legal Services Commission as part of the Criminal Defence Service ”.

Commencement Information

I1Sch. 4 para. 10 wholly in force; Sch. 4 para. 10 not in force at Royal Assent see s. 108; Sch. 4 para. 10(1)(3)(b) in force at 1.4.2000 by S.I. 2000/774, art. 2(a)(ii) (subject to arts. 3, 4); Sch. 4 para. 10 in force insofar as not already in force at 2.4.2001 by S.I. 2001/916, art. 3(a)(ii)

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

11U.K.In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

“The Legal Services Commission”

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

12U.K.In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

“The Legal Services Commission.”

The Sex Discrimination Act 1975 (c.65)U.K.

13In section 75(4) of the Sex Discrimination Act 1975 (charges to recover costs of assistance in legal proceedings subject to charges under the Legal Aid Act 1988 or any provision in that Act for sum payable to Legal Aid Board)—

(a)for “under the Legal Aid Act 1988” substitute “ imposed by section 10(7) of the Access to Justice Act 1999 ”,

(b)after “any provision in” insert “ , or made under, ”, and

(c)for “Legal Aid Board” substitute “ Legal Services Commission ”.

The Race Relations Act 1976 (c.74)U.K.

14In section 66(6) of the Race Relations Act 1976 (charges to recover costs of assistance in legal proceedings subject to charges under the Legal Aid Act 1988 or any provision in that Act for sum payable to Legal Aid Board)—

(a)for “under the Legal Aid Act 1988” substitute “ imposed by section 10(7) of the Access to Justice Act 1999 ”,

(b)after “any provision in” insert “ , or made under, ”, and

(c)for “Legal Aid Board” substitute “ Legal Services Commission ”.

The Magistrates’ Courts Act 1980 (c.43)U.K.

15U.K.The Magistrates’ Courts Act 1980 has effect subject to the following amendments.

16E+WIn section 8(4) (matters which may be contained in a report of committal proceedings without an order), for paragraph (i) substitute—

“(i)whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.”

17U.K.In section 92(1)(b) (no restriction on power to impose imprisonment for default in paying contribution ordered under section 23 of the Legal Aid Act 1988), for the words from “section 23” to “to” substitute “ section 17(2) of the Access to Justice Act 1999 (payment by individual in respect of ”.

18U.K.In section 130(3) (power of alternate court in remand hearings to grant legal aid), for “the grant of legal aid” substitute “ the grant of a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service ”.

19U.K.In section 145A(4) (rules about costs may include provision for the reimbursement of sums paid by the Legal Aid Board), for “Legal Aid Board” substitute “ Legal Services Commission ”.

20U.K.F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Supreme Court Act 1981 (c.54)U.K.

21The Supreme Court Act 1981 has effect subject to the following amendments.

22U.K.In section 28 (appeal by way of case stated from decisions of Crown Court, other than those relating to trial on indictment), at the end insert—

“(4)In subsection (2)(a) the reference to a decision of the Crown Court relating to trial on indictment does not include a decision relating to an order under section 17 of the Access to Justice Act 1999.”

23U.K.In section 29 (judicial review of decisions of Crown Court, other than matters relating to trial on indictment), at the end insert—

“(6)In subsection (3) the reference to the Crown Court’s jurisdiction in matters relating to trial on indictment does not include its jurisdiction relating to orders under section 17 of the Access to Justice Act 1999.”

F5324U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Criminal Justice Act 1982 (c.48)U.K.

F5425U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Telecommunications Act 1984 (c.12)U.K.

26E+W

[F55In section 52(5) of the Telecommunications Act 1984 (charges to recover costs of assistance in legal proceedings subject to legal aid charges), for paragraph (a) substitute—

“(a)any charge imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission;”.]

Textual Amendments

F55Sch. 4 para. 26 repealed (25.7.2003 for specified purposes and 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406(6)(7), 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

The Prosecution of Offences Act 1985 (c.23)U.K.

27U.K.The Prosecution of Offences Act 1985 has effect subject to the following amendments.

28U.K.In section 19(2)(b) (in making an order for costs account to be taken of grant of representation under Legal Aid Act 1988), for the words from “or any grant” to the end substitute “ or any grant of a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service; ”.

29U.K.In section 20(2) (recovery of sums paid by Legal Aid Board where legally assisted person is awarded costs), for “Legal Aid Board” substitute “ Legal Services Commission ”.

30(1)Section 21 (interpretation) is amended as follows.U.K.

(2)In subsection (1), in the definition of “legally assisted person”, for “representation under the Legal Aid Act 1988” substitute “ a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service ”.

(3)In subsection (4A)—

(a)in paragraph (a), for the words from “include” to “of contribution;” substitute “ the cost of representation funded for him by the Legal Services Commission as part of the Criminal Defence Service; ”, and

(b)in paragraph (b), for the words from “and 19” to the end substitute “ , 19 and 19A of this Act, his costs shall be taken to include the cost of representation funded for him by the Legal Services Commission as part of the Criminal Defence Service; ”.

The Child Abduction and Custody Act 1985 (c.60)U.K.

31U.K.In section 11 of the Child Abduction and Custody Act 1985 (costs of application for child custody or access), for the words from “by virtue of” to “1988,” substitute “by virtue of—

(a)the provision of any service funded by the Legal Services Commission as part of the Community Legal Service, or

(b)the grant of legal aid or legal advice and assistance under.”

The Administration of Justice Act 1985 (c.61)U.K.

32U.K.The Administration of Justice Act 1985 has effect subject to the following amendments.

33U.K.In section 40(1) (legal aid complaints), for “under the Legal Aid Act 1988” substitute “ funded by the Legal Services Commission as part of the Community Legal Service or Criminal Defence Service ”.

34U.K.In section 41(2) (reduction of fees payable in connection with services provided by barristers under Legal Aid Act 1988), for paragraphs (a) and (b) substitute “ otherwise payable by the Legal Services Commission in connection with services provided by him as part of the Community Legal Service or Criminal Defence Service ”.

35U.K.In section 42 (exclusion of barristers from legal aid work), in subsections (1) and (3), for “legal aid work” substitute “ providing representation funded by the Legal Services Commission as part of the Criminal Defence Service ”.

36U.K.In section 43(3) (reduction of costs payable in connection with services provided by solicitors under Legal Aid Act 1988), for the words from “any costs” to “solicitor” substitute “ any costs otherwise payable by the Legal Services Commission in connection with services provided by the solicitor as part of the Community Legal Service or Criminal Defence Service ”.

The Housing Act 1985 (c.68)U.K.

37U.K.In section 170(5) of the Housing Act 1985 (charges to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from “under the Legal Aid Act 1988” to the end substitute “ imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission. ”

The Criminal Justice Act 1987 (c.38)U.K.

38U.K.The Criminal Justice Act 1987 has effect subject to the following amendments.

39E+WIn section 4(1) (functions of magistrates’ court to cease when case transferred to Crown Court, except for purposes of grant of legal aid), for “section 20(4) of the Legal Aid Act 1988” substitute “ paragraph 2 of Schedule 3 to the Access to Justice Act 1999 ”.

40U.K.In section 11(12) (matters to which restrictions on reporting do not apply), for paragraph (h) substitute—

“(h)whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.”

The Consumer Arbitration Agreements Act 1988 (c.21)U.K.

41U.K.In section 4(3) of the Consumer Arbitration Agreements Act 1988 (availability of legal aid to be considered in determining whether to make reference to arbitration), for “legal aid” substitute “ services funded by the Legal Services Commission as part of the Community Legal Service ”.

The Housing Act 1988 (c.50)U.K.

42U.K.The Housing Act 1988 has effect subject to the following amendments.

43U.K.In section 82(4) (charge to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from “under the Legal Aid Act 1988” to the end substitute “ imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission. ”

44U.K.In section 107(4) (charge to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from “under the Legal Aid Act 1988” to the end substitute “ imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission. ”

The Children Act 1989 (c.41)U.K.

45U.K.In section 25(6) of the Children Act 1989 (child without legal representation not to be placed in secure accommodation without having been informed of right to apply for legal aid), for “legal aid” substitute “ representation funded by the Legal Services Commission as part of the Community Legal Service or Criminal Defence Service ”.

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

46In section 17(3)(c)(iii) of the Courts and Legal Services Act 1990 (effect of rules of a professional body relating to the withholding of services from persons receiving support under the Legal Aid Act 1988), for “under the Legal Aid Act 1988” substitute “ as part of the Community Legal Service or Criminal Defence Service ”.

The Criminal Justice Act 1991 (c.53)U.K.

47E+WIn section 53(3) of the Criminal Justice Act 1991 (functions of magistrates’ court to cease when case transferred to Crown Court, except for purposes of grant of legal aid), for “section 20(4) of the Legal Aid Act 1988” substitute “ paragraph 2 of Schedule 3 to the Access to Justice Act 1999 ”.

The Social Security Administration Act 1992 (c.5)U.K.

48(1)Section 108(7) of the Social Security Administration Act 1992 (Secretary of State to inform Legal Aid Board if he recovers maintenance arrears for a person who owes money to the Board) is amended as follows.U.K.

(2)For “the Legal Aid Board” substitute “ the Legal Services Commission ”.

(3)In paragraph (a), for “; and” substitute “; or

(iii)received services funded by the Legal Services Commission as part of the Community Legal Service; and”.

(4)In paragraph (b), after paragraph (ii) insert “or

(iii)by virtue of section 10 of the Access to Justice Act 1999 in respect of services funded by the Legal Services Commission as part of the Community Legal Service,”.

The Criminal Procedure and Investigations Act 1996 (c.25)U.K.

49U.K.In section 37(9) of the Criminal Procedure and Investigations Act 1996 (matters to which restrictions on reporting do not apply), for paragraph (g) substitute—

“(g)whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.”

The Family Law Act 1996 (c.27)U.K.

50U.K.The Family Law Act 1996 has effect subject to the following amendments.

51(1)Section 8 (information meetings) is amended as follows.U.K.

(2)In subsection (9) (matters about which regulations must be made for the purposes of information given at information meetings), for paragraph (h) substitute—

“(h)the availability of services funded by the Legal Services Commission as part of the Community Legal Service, and where parties can get advice about obtaining such services;”.

(3)In subsection (12) (contributions), for “provided for him under Part IIIA of the Legal Aid Act 1988” substitute “ funded for him by the Legal Services Commission as part of the Community Legal Service ”.

52(1)Section 23 (provision of marriage counselling) is amended as follows.U.K.

(2)In subsection (3) (contributions), for “provided for them under Part IIIA of the Legal Aid Act 1988” substitute “ funded for them by the Legal Services Commission as part of the Community Legal Service ”.

(3)In subsection (8) (powers of the Legal Aid Board)—

(a)for “the Legal Aid Board” substitute “ the Legal Services Commission ”,

(b)for “the Board” substitute “ the Commission ”,

(c)for “the Legal Aid Act 1988” substitute “ Part I of the Access to Justice Act 1999 ”, and

(d)after “purposes of”, in the second place, insert “ that Part of ”.

The Crime and Disorder Act 1998 (c.37)U.K.

53U.K.The Crime and Disorder Act 1998 has effect subject to the following amendments.

54In section 50(2) (procedure at early administrative hearing), for paragraphs (a) to (c) substitute “ the accused shall be asked whether he wishes to be granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service and, if he does, the justice shall decide whether or not to grant him such a right. ”

55U.K.In paragraph 3(8) of Schedule 3 (matters which may be contained in a report of an application for dismissal of charges), for paragraph (g) substitute—

“(g)whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.”

The Disability Rights Commission Act 1999 (c. 17)U.K.

56In section 8(4)(a) of the Disability Rights Commission Act 1999 (charges to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from “under” to “Board” substitute “ imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission ”.

Section 41.

SCHEDULE 5U.K. Authorised bodies: designation and regulations and rules

1For sections 29 and 30 of the M16Courts and Legal Services Act 1990 substitute—

“29 Authorised bodies.

The provisions of Schedule 4 shall have effect with respect to the authorisation of bodies for the purposes of sections 27 and 28 and the approval and alteration of qualification regulations and rules of conduct.”

Marginal Citations

2For Schedule 4 to that Act substitute—

Section 29.

“SCHEDULE 4U.K. Authorised bodies

Part IU.K. Designation of bodies and approval of regulations and rules
Application to Lord ChancellorU.K.

1(1)If a professional or other body wishes to grant rights of audience or rights to conduct litigation to any of its members, it shall apply to the Lord Chancellor in writing for him—

(a)to recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and

(b)to approve what the body proposes as qualification regulations and rules of conduct in relation to the proposed rights.

(2)An application under this paragraph shall be accompanied by—

(a)a statement of the proposed rights;

(b)the proposed qualification regulations and rules of conduct; and

(c)such explanatory material (including material about the applicant’s constitution and activities) as the applicant considers is likely to be needed for the purposes of this Part of this Schedule.

(3)The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require.

(4)The Lord Chancellor shall send a copy of—

(a)the application and accompanying material; and

(b)any information provided under sub-paragraph (3),

to the Consultative Panel, the Director and each of the designated judges.

Advice of Consultative PanelU.K.

2(1)The Consultative Panel shall consider whether the application should be granted.

(2)The applicant shall provide the Consultative Panel with such additional information as it may reasonably require.

(3)When the Consultative Panel has completed its consideration it shall give such advice to the Lord Chancellor as it thinks fit.

(4)The Consultative Panel shall publish any advice given by it under this paragraph.

Advice of Director General of Fair TradingU.K.

3(1)The Director shall consider whether granting the application would have, or be likely to have, any significant effect on competition.

(2)The applicant shall provide the Director with such additional information as he may reasonably require.

(3)When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(4)The Director shall publish any advice given by him under this paragraph.

(5)The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.

(6)Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.

Representations by applicantU.K.

4(1)When the Lord Chancellor has received the advice of the Consultative Panel and the Director, he shall send a copy of the advice to the applicant.

(2)The applicant shall be allowed a period of 28 days beginning with the day on which the copy is sent to him, or such other period as the applicant and the Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor.

Advice of designated judgesU.K.

5(1)The Lord Chancellor shall send to each of the designated judges a copy of—

(a)the advice of the Consultative Panel and the Director; and

(b)any representations made under paragraph 4(2).

(2)Each of the designated judges shall then consider whether the application should be granted.

(3)The applicant shall provide each of the designated judges with such additional information as he may reasonably require.

(4)When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

Decision by Lord ChancellorU.K.

6(1)After considering—

(a)the advice given by the Consultative Panel and any representations made about it;

(b)the advice given by the Director and any representations made about it; and

(c)the advice given by each of the designated judges,

the Lord Chancellor shall decide whether to grant the application.

(2)When the Lord Chancellor has made his decision he shall notify the applicant of it.

(3)If the Lord Chancellor has decided to refuse the application he shall also notify the applicant of the reasons for his decision.

Effect of grant of applicationU.K.

7Where the application is granted—

(a)the Lord Chancellor may recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and

(b)the proposed regulations and rules are approved as qualification regulations and rules of conduct in relation to the proposed rights.

Part IIU.K. Approval in cases of altered regulations, rules or rights
Requirement of approvalU.K.

8(1)If an authorised body makes an alteration of its qualification regulations or rules of conduct, the alteration shall not have effect unless approved by the Lord Chancellor.

(2)If an authorised body makes an alteration of—

(a)any rights of audience granted by it (including the grant of a new right of audience); or

(b)any rights to conduct litigation granted by it (including the grant of a new right to conduct litigation),

the qualification regulations and rules of conduct of the body shall not have effect in relation to the rights as altered unless approved by the Lord Chancellor.

(3)If a question arises whether approval is required by virtue of this paragraph it shall be for the Lord Chancellor to decide.

Application to Lord ChancellorU.K.

9(1)An application by a body for the Lord Chancellor to approve—

(a)an alteration of qualification regulations or rules of conduct; or

(b)qualification regulations or rules of conduct in relation to altered rights,

shall be made in writing.

(2)The application shall be accompanied by—

(a)the qualification regulations and rules of conduct;

(b)a statement of the alteration of the regulations, rules or rights; and

(c)such explanatory material as the applicant considers is likely to be needed for the purposes of this Part of this Schedule.

(3)The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require.

(4)The Lord Chancellor shall—

(a)send a copy of the application and accompanying material and any information provided under sub-paragraph (3) to each of the designated judges; and

(b)consider whether it would be appropriate to seek the advice of either or both of the Consultative Panel and the Director.

Early advice of designated judgesU.K.

10(1)If the Lord Chancellor considers that it would not be appropriate to seek the advice of the Consultative Panel or the Director, he—

(a)shall inform each of the designated judges that that is his view; and

(b)may inform each of them of his provisional view as to whether or not the application should be granted.

(2)If so informed, each of the designated judges shall consider whether the application should be granted.

(3)The applicant shall provide each of the designated judges with such additional information as he may reasonably require.

(4)When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(5)After considering the advice given by each of the designated judges, the Lord Chancellor shall consider again whether or not it would be appropriate to seek the advice of either or both of—

(a)the Consultative Panel; and

(b)the Director,

before deciding whether to grant the application.

Advice of Consultative PanelU.K.

11(1)If the Lord Chancellor decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the Consultative Panel, he shall send to the Consultative Panel a copy of—

(a)the application and accompanying material; and

(b)any information provided under paragraph 9(3).

(2)The Consultative Panel shall consider whether the application should be granted.

(3)The applicant shall provide the Consultative Panel with such additional information as it may reasonably require.

(4)When the Consultative Panel has completed its consideration it shall give such advice to the Lord Chancellor as it thinks fit.

(5)The Consultative Panel shall publish any advice given by it under this paragraph.

Advice of Director General of Fair TradingU.K.

12(1)If the Lord Chancellor decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the Director, he shall send to the Director a copy of—

(a)the application and accompanying material; and

(b)any information provided under paragraph 9(3).

(2)The Director shall consider whether granting the application would have, or be likely to have, any significant effect on competition.

(3)The applicant shall provide the Director with such additional information as he may reasonably require.

(4)When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(5)The Director shall publish any advice given by him under this paragraph.

(6)The Director shall, so far as practicable, exclude from anything published under sub-paragraph (5) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.

(7)Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.

Representations by applicantU.K.

13(1)If the Lord Chancellor has sought the advice of the Consultative Panel or the Director he shall, on receiving it, send a copy to the applicant.

(2)The applicant shall be allowed a period of 28 days beginning with the day on which the copy is sent to him, or such other period as the applicant and the Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor.

Advice or further advice of designated judgesU.K.

14(1)If the Lord Chancellor has sought the advice of the Consultative Panel or the Director he shall, on receiving it, send to each of the designated judges a copy of—

(a)the advice; and

(b)any representations made under paragraph 13(2).

(2)Each of the designated judges shall then consider (or consider again) whether the application should be granted.

(3)The applicant shall provide each of the designated judges with such additional information as he may reasonably require.

(4)When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

Decision by Lord ChancellorU.K.

15(1)After considering—

(a)any advice given by the Consultative Panel and any representations made about it;

(b)any advice given by the Director and any representations made about it; and

(c)the advice given by each of the designated judges (under paragraph 10 or 14 or both of those paragraphs),

the Lord Chancellor shall decide whether to grant the application.

(2)The Lord Chancellor may not refuse the application unless he has received advice from the Consultative Panel.

(3)When the Lord Chancellor has made his decision he shall notify the applicant of it.

(4)If the Lord Chancellor has decided to refuse the application he shall also notify the applicant of the reasons for his decision.

Effect of grant of applicationU.K.

16Where the application is granted—

(a)in a case within sub-paragraph (1) of paragraph 8, the alteration of the qualification regulations or rules of conduct is approved; and

(b)in a case within sub-paragraph (2) of that paragraph, the qualification regulations or rules of conduct are approved in relation to the rights as altered.

Part IIIU.K. Alteration of regulations and rules by order
Notice to authorised bodyU.K.

17(1)If the Lord Chancellor considers—

(a)that any of the qualification regulations of an authorised body may unduly restrict a right of audience or right to conduct litigation or the exercise of such a right, or

(b)that any of the rules of conduct of an authorised body may unduly restrict the exercise of such a right,

he may give written notice to the body.

(2)Before giving notice to an authorised body under sub-paragraph (1) the Lord Chancellor shall inform each of the designated judges that he intends to do so.

Representations by authorised bodyU.K.

18(1)The notice shall invite the authorised body to make representations in writing to the Lord Chancellor.

(2)Any such representations must be made before the end of—

(a)the period of three months beginning with the date on which the notice was given; or

(b)such other period as the authorised body and the Lord Chancellor may agree.

(3)When that period has expired the Lord Chancellor shall consider, in the light of any representations made under sub-paragraph (2), whether he proposes to make alterations of the qualification regulations or rules of conduct.

(4)If the Lord Chancellor proposes to make alterations of the qualification regulations or rules of conduct he shall send a copy of—

(a)the alterations which he proposes to make; and

(b)any representations made under sub-paragraph (2),

to the Consultative Panel, the Director and each of the designated judges.

Advice of Consultative PanelU.K.

19(1)The Consultative Panel shall consider whether the alterations should be made.

(2)The Lord Chancellor and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require.

(3)When the Consultative Panel has completed its consideration it shall give such advice to the Lord Chancellor as it thinks fit.

(4)The Consultative Panel shall publish any advice given by it under this paragraph.

Advice of Director General of Fair TradingU.K.

20(1)The Director shall consider whether making the alterations would have, or be likely to have, any significant effect on competition.

(2)The Lord Chancellor and the authorised body shall provide the Director with such additional information as he may reasonably require.

(3)When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(4)The Director shall publish any advice given by him under this paragraph.

(5)The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.

(6)Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.

Further representations by authorised bodyU.K.

21(1)When the Lord Chancellor has received the advice of the Consultative Panel and the Director, he shall send a copy of the advice to the authorised body.

(2)The authorised body shall be allowed a period of 28 days, beginning with the day on which the copy is sent to him, or such other period as the authorised body and the Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor.

Advice of designated judgesU.K.

22(1)The Lord Chancellor shall send to each of the designated judges a copy of—

(a)the advice of the Consultative Panel and the Director; and

(b)any representations made under paragraph 21(2).

(2)Each of the designated judges shall then consider whether the alterations should be made.

(3)The Lord Chancellor and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require.

(4)When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

Decision by Lord ChancellorU.K.

23(1)After considering—

(a)the advice given by the Consultative Panel and any representations made about it;

(b)the advice given by the Director and any representations made about it; and

(c)the advice given by each of the designated judges under paragraph 22,

the Lord Chancellor shall decide whether to make the alterations.

(2)When the Lord Chancellor has made his decision he shall notify the authorised body of it.

(3)If the Lord Chancellor has decided to make the alterations he shall also notify the authorised body of the reasons for his decision.

Order effecting alterationsU.K.

24If the Lord Chancellor has decided to make the alterations he may make an order giving effect to the alterations.

Part IVU.K. Revocation of designation
Order in CouncilU.K.

25(1)Where an Order in Council has been made designating a body as an authorised body for the purposes of section 27, or for the purposes of section 28, the Lord Chancellor may recommend to Her Majesty that an Order in Council be made revoking that designation.

(2)A recommendation may be made under sub-paragraph (1) only if—

(a)the authorised body has made a written request to the Lord Chancellor asking for it to be made;

(b)the authorised body has agreed in writing to its being made; or

(c)the Lord Chancellor is satisfied that the circumstances at the time when he is considering whether to make the recommendation are such that, had that body then been applying to become an authorised body, its application would have failed.

Requirement to seek adviceU.K.

26Where the Lord Chancellor considers that it may be appropriate for him to make a recommendation in reliance on paragraph 25(2)(c), he shall seek the advice of the Consultative Panel and the Director.

Advice of Consultative PanelU.K.

27(1)The Consultative Panel shall carry out such investigations with respect to the authorised body as it considers appropriate.

(2)The Lord Chancellor and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require.

(3)When the Consultative Panel has completed its investigations it shall—

(a)advise the Lord Chancellor as to whether or not there appear to be grounds for making the recommendation; and

(b)if its advice is that there appear to be such grounds, advise the Lord Chancellor as to the transitional and incidental provision (if any) which it considers should be included in any Order made in pursuance of it.

(4)The Consultative Panel shall publish any advice given by it under this paragraph.

Advice of Director General of Fair TradingU.K.

28(1)The Director shall consider whether revoking the designation would have, or be likely to have, any significant effect on competition.

(2)The Lord Chancellor and the authorised body shall provide the Director with such additional information as he may reasonably require.

(3)When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(4)The Director shall publish any advice given by him under this paragraph.

(5)The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.

(6)Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.

Notice to authorised bodyU.K.

29(1)When the Lord Chancellor has received the advice of the Consultative Panel and the Director, he may give to the body a notice containing—

(a)a copy of the advice; and

(b)a statement of the effect of an Order made in pursuance of the recommendation.

(2)The notice shall invite the authorised body to make representations in writing to the Lord Chancellor.

(3)Any such representations must be made before the end of—

(a)the period of three months beginning with the date on which the notice was given; or

(b)such other period as the authorised body and the Lord Chancellor may agree.

Notice to members of authorised bodyU.K.

30(1)Where the Lord Chancellor—

(a)has given a notice to an authorised body under paragraph 29(1); or

(b)is proposing to make a recommendation in relation to an authorised body in reliance on paragraph 25(2)(a) or (b),

he shall take such steps as are reasonably practicable to bring the matter to the attention of the members of the authorised body and of any other persons who, in his opinion, are likely to be affected by an Order made in pursuance of the recommendation.

(2)Any such steps shall include inviting those members and other persons to make representations to the Lord Chancellor.

(3)Any such representations—

(a)shall, except in such circumstances as the Lord Chancellor may specify, be in writing; and

(b)must be made before the end of the period of three months beginning with such date as may be specified by the Lord Chancellor.

Advice of designated judgesU.K.

31(1)The Lord Chancellor shall send to each of the designated judges—

(a)a copy of any written representations made under paragraph 30 and a note of any oral representations made under that paragraph; and

(b)in a case where he is required to seek the advice of the Consultative Panel and the Director, a copy of the advice given to him by the Consultative Panel and the Director and of any representations made under paragraph 29.

(2)Each of the designated judges shall then consider whether the Lord Chancellor should make the recommendation.

(3)The Lord Chancellor and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require.

(4)When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

Consideration by Lord ChancellorU.K.

32Before deciding whether to make the recommendation the Lord Chancellor shall consider—

(a)any representations made under paragraph 30 and the advice given by each of the designated judges; and

(b)in a case where he is required to seek the advice of the Consultative Panel and the Director, the advice given to him by the Consultative Panel and the Director and of any representations made under paragraph 29.

The OrderU.K.

33(1)An Order made in pursuance of a recommendation under paragraph 25 may include any appropriate transitional and incidental provision.

(2)Where an Order is made in relation to a body in pursuance of such a recommendation, the grant of any rights of audience, or rights to conduct litigation, to any person by the body shall cease to have effect, subject to any transitional provision included in the Order.

(3)Where such an Order is made, the Lord Chancellor shall—

(a)give the body written notice of the making of the Order and of his reasons for recommending that it be made;

(b)take such steps as are reasonably practicable to bring the making of the Order to the attention of the members of that body; and

(c)publish notice of the making of the Order in such manner as he considers appropriate for bringing it to the attention of persons (other than those members) who, in his opinion, are likely to be affected by the Order.”

Section 43.

SCHEDULE 6U.K. Rights of audience and rights to conduct litigation

The Solicitors Act 1974 (c.47)U.K.

1The Solicitors Act 1974 has effect subject to the following amendments.

2In section 2(4) (Lord Chief Justice or Master of the Rolls deemed to concur in making of regulations approved by him under Schedule 4 to the M17Courts and Legal Services Act 1990), for the words from “, the Lord Chief Justice” to the end substitute “ approves any regulation such as is mentioned in subsection (1), the requirement of the concurrence of the Lord Chief Justice and the Master of the Rolls imposed by that subsection shall not apply. ”

Marginal Citations

3In section 31(3) (Master of the Rolls deemed to concur in making of rules approved by him under Schedule 4 to the M18Courts and Legal Services Act 1990), for the words from “Master of the Rolls” to the end substitute “ Lord Chancellor approves any rule such as is mentioned in subsection (1), the requirement of the concurrence of the Master of the Rolls imposed by that subsection shall not apply. ”

Marginal Citations

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

4U.K.The Courts and Legal Services Act 1990 has effect subject to the following amendments.

5(1)Section 18 (duty to exercise functions as soon as reasonably practicable and in accordance with that section) is amended as follows.

(2)In subsection (1) (matters to which duty relates), in paragraph (c) (approval of qualification regulations or rules of conduct), after “approval” insert “ or alteration ”.

(3)After that subsection insert—

“(1A)Where any person other than the Lord Chancellor is called upon to exercise any such functions, the Lord Chancellor may require him to do so within such time as the Lord Chancellor may reasonably specify.”

6(1)Section 27 (rights of audience) is amended as follows.

(2)In subsection (2)(a)(ii) (approval of qualification regulations and rules of conduct in relation to granting of right), omit “the granting of”.

(3)After subsection (8) insert—

“(8A)But a court may not limit the right to appear before the court in any proceedings to only some of those who have the right by virtue of the provisions of this section.”

(4)In subsection (9)—

(a)in the definition of “qualification regulations”, after “entitled to” insert “ , or to exercise, ”, and

(b)in the definition of “qualified litigator”, for “(“practising” having the same meaning as in section 19(8)(b))” substitute “ (that is, one who has a practising certificate in force or is employed wholly or mainly for the purpose of providing legal services to his employer) ”.

7(1)Section 28 (rights to conduct litigation) is amended as follows.

(2)In subsection (2)(a)(ii) (approval of qualification regulations and rules of conduct in relation to granting of right), omit “the granting of”.

(3)After subsection (4) insert—

“(4A)A court may not limit the right to conduct litigation in relation to proceedings before the court to only some of those who have the right by virtue of the provisions of this section.”

(4)In subsection (5), in the definition of “qualification regulations”, after “entitled to” insert “ , or to exercise, ”.

8In section 53(6)(a) (Council for Licensed Conveyancers), for “section 29” substitute “ Schedule 4 ”.

9U.K.In section 71 (qualification for judicial appointments), for subsection (6) substitute—

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

10(1)Section 119(1) (interpretation) is amended as follows.U.K.

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

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

11(1)Section 120 (subordinate legislation) is amended as follows.

(2)In subsection (4) (orders and regulations subject to affirmative procedure), for “or paragraph 4” substitute “ , paragraph 24 of Schedule 4, paragraph 4 ”.

(3)In subsection (5) (Orders in Council subject to affirmative procedure), for “section 29(2) or 30(1)” substitute “ Part I or Part IV of Schedule 4 ”.

Section 48.

SCHEDULE 7U.K. Powers of Law Society

Monitoring of compliance with rulesU.K.

1U.K.In section 31(1) of the M19Solicitors Act 1974 (power of Council of the Law Society to make rules about professional practice, conduct and discipline), insert at the end “ and for empowering the Society to take such action as may be appropriate to enable the Society to ascertain whether or not the provisions of rules made, or of any code or guidance issued, by the Council are being complied with. ”

Marginal Citations

Bank and building society accountsU.K.

2U.K.In—

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

(b)paragraph 3 of Schedule 2 to the M20Administration of Justice Act 1985 (corresponding provision in relation to accounts of incorporated practices),

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

Marginal Citations

3U.K.In the Solicitors Act 1974, after section 33 insert—

“33A Inspection of practice bank accounts etc.

(1)The Council may make rules, with the concurrence of the Master of the Rolls, empowering the Council to require a solicitor to produce documents relating to any account kept by him at a bank or with a building society—

(a)in connection with his practice; or

(b)in connection with any trust of which he is or formerly was a trustee,

for inspection by a person appointed by the Council pursuant to the rules.

(2)The Council shall be at liberty to disclose information obtained in exercise of the powers conferred by rules made under subsection (1) for use in investigating the possible commission of an offence by the solicitor and for use in connection with any prosecution of the solicitor consequent on the investigation.”

4U.K.In section 87(1) of that Act (interpretation), in the definition of “building society”, omit “; and a reference to an account with a building society is a reference to a deposit account”.

5U.K.In Schedule 2 to the M21Administration of Justice Act 1985, after paragraph 4 insert—

“ Inspection of bank accounts

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

Marginal Citations

Intervention for breach of rules on practice, conduct and disciplineU.K.

6U.K.In Schedule 1 to the M22Solicitors Act 1974 (intervention in solicitor’s practice), in paragraph 1(1) (circumstances in which Law Society may intervene), in paragraph (c) (failure to comply with rules made by virtue of section 32 or 37(2)(c)), after “section” insert “ 31, ”.

Marginal Citations

Solicitors’ employees and consultantsU.K.

7(1)Section 43 of that Act (control of employment of clerks) is amended as follows.

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

(a)for “a clerk to a solicitor” substitute “ employed or remunerated by a solicitor in connection with his practice ”,

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

(c)for “to whom he is or was clerk” substitute “ by whom he is or was employed or remunerated ”, and

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

(3)After that subsection insert—

“(1A)Where the Society investigates whether there are grounds for making, or making an application to the Tribunal for it to make, an order under subsection (2) with respect to a person, the Council may direct him to pay to the Council an amount which—

(a)is calculated by the Council as the cost to the Society of investigating the matter; or

(b)in the opinion of the Council represents a reasonable contribution towards that cost.”

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

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

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

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

“(3)Where an order has been made under subsection (2) with respect to a person by the Society or the Tribunal—

(a)that person or the Society may make an application to the Tribunal for it to be reviewed, and

(b)whichever of the Society and the Tribunal made it may at any time revoke it.

(3A)On the review of an order under subsection (3) the Tribunal may order—

(a)the quashing of the order;

(b)the variation of the order; or

(c)the confirmation of the order;

and where in the opinion of the Tribunal no prima facie case for quashing or varying the order is shown, the Tribunal may order its confirmation without hearing the applicant.”

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

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

8U.K.In section 44(2) of that Act (breach of order by solicitor), for the words from “an order” to the end of paragraph (b) substitute “ an order under section 43(2) is in force in respect of a person ”.

9(1)Section 49 of that Act (appeals from Tribunal) is amended as follows.U.K.

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

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

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

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

10In paragraph 11(1) of Schedule 2 to the M23Administration of Justice Act 1985 (control of employment of employees of recognised bodies)—

(a)after “employed” (in each place) insert “ or remunerated ”, and

(b)for the words from “an application” to the end substitute “ the Society may either make, or make an application to the Tribunal for it to make, an order under subsection (2) of section 43 of the 1974 Act with respect to him. ”

Marginal Citations

Power to examine filesU.K.

11(1)Section 44B of the M24Solicitors Act 1974 (power of Law Society to examine files of solicitor or his firm in connection with complaints) is amended as follows.

(2)In subsection (1), for the words from “investigating” to the end of paragraph (b) substitute “investigating—

(a)whether there has been professional misconduct by a solicitor;

(b)whether a solicitor has failed to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council;

(c)whether any professional services provided by a solicitor were not of the quality which it is reasonable to expect of him as a solicitor; or

(d)whether there are grounds for making, or making an application to the Tribunal for it to make, an order under section 43(2) with respect to a person who is or was employed or remunerated by a solicitor in connection with his practice,”;

and for the words from “all documents” to the end substitute “ all relevant documents in the possession of the solicitor or his firm. ”

(3)For the sidenote substitute “ Examination of files. ”

Marginal Citations

12In paragraph 14(1) of Schedule 2 to the M25Administration of Justice Act 1985 (power of Law Society to examine files of recognised body in connection with complaints), for paragraphs (a) and (b) substitute—

“(a)whether a recognised body has failed to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council and applicable to it by virtue of section 9 of this Act;

(b)whether any professional services provided by a recognised body were not of the quality which it is reasonable to expect of it as a recognised body; or

(c)whether there are grounds for making, or making an application to the Tribunal for it to make, an order under section 43(2) with respect to a person who is or was employed or remunerated by a recognised body in connection with its business,”;

and for the words from “all documents” to the end substitute “ all relevant documents in the body’s possession. ”

Marginal Citations

Payment of costs by solicitor under investigationU.K.

13U.K.In the Solicitors Act 1974, after section 44B insert—

“ Costs of investigationsU.K.

44C Payment of costs of investigations.

Where the Society investigates possible professional misconduct by a solicitor, or a failure or apprehended failure by a solicitor to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council, the Council may direct him to pay to the Council an amount which—

(a)is calculated by the Council as the cost to the Society of investigating and dealing with the matter; or

(b)in the opinion of the Council represents a reasonable contribution towards that cost.”

14U.K.In Schedule 2 to the M26Administration of Justice Act 1985, after paragraph 14 insert—

“ Payment of costs of investigationsU.K.

14AWhere the Society investigates a failure or apprehended failure by a recognised body to comply with any requirement imposed by or by virtue of this Act or any rules applicable to it by virtue of section 9 of this Act, the Council may direct the body to pay to the Council an amount which—

(a)is calculated by the Council as the cost to the Society of the investigation; or

(b)in the opinion of the Council represents a reasonable contribution towards that cost.”

Marginal Citations

Registered foreign lawyersU.K.

15U.K.Subsections (5) to (7) of section 89 of the M27Courts and Legal Services Act 1990 power to apply existing provisions to registered foreign lawyers with or without modifications and power to modify existing provisions in their application to recognised bodies whose officers include registered foreign lawyers) apply in relation to the provisions contained in this Schedule as if they were contained in an Act passed before the commencement of that section.

Marginal Citations

Section 51.

SCHEDULE 8E+W Legal Services Complaints Commissioner

Provision for discharge of functionsE+W

1(1)The [F56Secretary of State] may give general directions concerning the discharge of the functions of the Legal Services Complaints Commissioner.E+W

(2)Any such directions shall be published by the [F56Secretary of State] in such manner as appears to him to be appropriate.

(3)Subject to any such direction and to the provisions of this Act, the Commissioner may make such provision as he considers appropriate for the discharge of his functions.

Textual Amendments

Delegation of functionsE+W

2(1)The Commissioner may delegate any of his functions to such members of his staff as he thinks fit.E+W

(2)All reports prepared by or on behalf of the Commissioner must be signed by him.

RemunerationE+W

3(1)The [F57 Secretary of State] shall pay to, or in respect of, the Commissioner such amounts—E+W

(a)by way of remuneration, pensions, allowances or gratuities, or

(b)by way of provision for any such benefits,

as he may determine.

(2)If—

(a)the Commissioner ceases to hold office, and

(b)it appears to the [F57 Secretary of State] that there are special circumstances which make it right that he should receive compensation,

the [F57 Secretary of State] may pay to him such sum as the [F57 Secretary of State] may determine.

Textual Amendments

StaffE+W

4(1)The Commissioner may appoint such staff as he thinks necessary for the discharge of his functions.E+W

(2)Appointments shall be made by the Commissioner on such terms and conditions (including terms as to pensions, allowances and gratuities) as he may, with the approval of the [F58Secretary of State], determine.

(3)The reference in sub-paragraph (2) to pensions, allowances or gratuities includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Commissioner’s staff who suffer loss of employment or loss or diminution of emoluments.

Textual Amendments

Annual and other reportsE+W

5(1)The Commissioner shall make an annual report to the [F59 Secretary of State] on the discharge of his functions during the year to which the report relates.E+W

(2)The Commissioner may, in addition, report to the [F59 Secretary of State] at any time on any matter relating to the discharge of the Commissioner’s functions.

(3)The Commissioner shall provide the [F59 Secretary of State] with such information relating to the discharge of his functions as the [F59 Secretary of State] may see fit to require.

(4)The [F59 Secretary of State] shall lay before each House of Parliament a copy of any annual report made to him under sub-paragraph (1).

Textual Amendments

Accounts and auditE+W

6(1)The Commissioner shall keep accounts with respect to his receipts and expenditure and shall prepare a statement of accounts with respect to each financial year.E+W

(2)The accounts shall be kept, and the statement of accounts prepared, in such form as the [F60 Secretary of State] may, with the approval of the Treasury, direct.

(3)The accounts shall be audited by persons appointed by the [F60 Secretary of State] in respect of each financial year.

(4)The auditors shall send to the [F60 Secretary of State] a copy of the statement of accounts and of their report.

(5)The [F60 Secretary of State] shall lay before each House of Parliament a copy of every statement of accounts and auditors’ report sent to him under this paragraph.

Textual Amendments

Financial provisionsE+W

7(1)The [F61 Secretary of State] may require any professional body in relation to which a direction under section 52 of this Act has been given (and not revoked) to make payments of such amounts as the [F61 Secretary of State] considers appropriate to the Commissioner towards meeting the expenditure incurred (or to be incurred) by him in the discharge of his functions.E+W

(2)To the extent that that expenditure is not met by payments under sub-paragraph (1), it shall be met by the [F61 Secretary of State] out of money provided by Parliament.

(3)The Commissioner may, with the approval of the [F61 Secretary of State] , pay fees or allowances to any person who, in the Commissioner’s opinion, is qualified to assist him in the discharge of his functions and who so assists him.

Textual Amendments

Modifications etc. (not altering text)

Parliamentary disqualificationE+W

8E+WIn Part III of Schedule 1 to—

(a)the M28House of Commons Disqualification Act 1975, and

(b)the M29Northern Ireland Assembly Disqualification Act 1975,

(disqualifying offices), insert (at the appropriate place in alphabetical order)—

“The Legal Services Complaints Commissioner.”

Marginal Citations

Parliamentary CommissionerE+W

9E+WIn Schedule 2 to the M30Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), insert (at the appropriate place in alphabetical order)—

“The Legal Services Complaints Commissioner.”

Marginal Citations

Acting CommissionerE+W

10(1)The [F62 Secretary of State] may appoint a person to exercise the functions of the Commissioner where—E+W

(a)the Commissioner’s office becomes vacant, or

(b)the Commissioner is incapable of exercising his functions or considers that it would be inappropriate for him to exercise any of his functions in connection with a particular matter (because of a possible conflict of interests or for any other reason).

(2)A person so appointed shall have the powers of the Commissioner but shall act only in accordance with the terms on which he is appointed.

(3)The [F62 Secretary of State] may pay to any person so appointed such remuneration as he may determine.

Textual Amendments

F63SCHEDULE 9U.K.

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

Textual Amendments

Section 76.

SCHEDULE 10E+W Commission areas and petty sessions areas

The Parochial Libraries Act 1708 (c.14)E+W

1E+WF64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64Sch. 10 para. 1 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 6 Group 5}; and this same provision expressed to be repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)

The Distress for Rent Act 1737 (c.19)E+W

2E+WF65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Inclosure Act 1773 (c.81)E+W

3E+WF66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Burial Ground Act 1816 (c.141)E+W

4E+WF67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

5E+WF68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Ordnance Survey Act 1841 (c.30)E+W

6E+WF69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Geological Survey Act 1845 (c.63)E+W

7E+WF70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Inclosure Act 1845 (c.118)E+W

8E+WIn section 159 of the Inclosure Act 1845 (recovery of penalties), after “county” insert “ or other jurisdiction ”.

The Hares Act 1848 (c.29)E+W

9E+WF71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Fairs Act 1873 (c.37)E+W

10E+WF72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Commons Act 1876 (c.56)E+W

11E+WF73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Municipal Corporations Act 1882 (c.50)E+W

12E+WF74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Local Government Act 1888 (c.41)E+W

13E+WIn section 28(2) of the Local Government Act 1888 (power of county council to delegate to justices of the county functions relating to contagious diseases of animals), for “county sitting in petty sessions” substitute “ peace for a commission area consisting of or including the whole or part of the county ”.

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

14E+WF75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

15E+WF76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

16E+WF77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Criminal Justice Act 1948 (c.58)E+W

F7817U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

18E+WF79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

19E+WF80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

20E+WF81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Prison Act 1952 (c.52)E+W

21E+WIn section 19(1) of the Prison Act 1952 (right of justice to visit prison)—

(a)F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

The Maintenance Orders Act 1958 (c.39)E+W

22E+WIn section 21(1) of the Maintenance Orders Act 1958 (interpretation), in the definition of “magistrates’ court” and “petty sessions area”, for the words from “and “petty sessions area”” to “court” substitute “ has the meaning assigned to it by the M37Magistrates’ Courts Act 1980 and ”.

Marginal Citations

The Licensing Act 1964 (c.26)E+W

23E+WF83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

24E+WF84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

25E+WF85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

26E+WF86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

27E+WF87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

28E+WF88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

29E+WF89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Administration of Justice Act 1964 (c.42)E+W

30(1)Section 19 of the Administration of Justice Act 1964 (sheriff of Greater London and under-sheriffs for London commission areas) is amended as follows.E+W

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

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

(4)In subsection (4) (modification of M38Sheriffs Act 1887 in its application to Greater London)—

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

(b)F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

Marginal Citations

The Sunday Theatre Act 1972 (c.26)E+W

31E+WF91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Solicitors Act 1974 (c.47)E+W

32E+WF92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Magistrates’ Courts Act 1980 (c.43)E+W

33E+WThe Magistrates’ Courts Act 1980 has effect subject to the following amendments.

34E+WIn section 70 (jurisdiction in inner London for family proceedings), in subsection (3), in the definition of “inner London petty sessions area”, for the words after “means” substitute “ any petty sessions area falling wholly or partly within the area consisting of the inner London boroughs and the City of London. ”

35E+WF93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

36E+WF94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Public Passenger Vehicles Act 1981 (c.14)E+W

37E+WIn section 82(1) of the Public Passenger Vehicles Act 1981 (interpretation), in the definition of “magistrates’ court” and “petty sessions area”, for “and “petty sessions area” have the same meanings” substitute “ has the same meaning ”.

The Road Traffic Regulation Act 1984 (c.27)E+W

38E+WIn section 142(1) of the Road Traffic Regulation Act 1984 (interpretation), in the definition of “magistrates’ court” and “petty sessions area”, for “and “petty sessions area” have the same meanings” substitute “ has the same meaning ”.

The Criminal Justice Act 1991 (c.53)E+W

39U.K.F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95Sch. 10 para. 39 repealed (1.4.2001) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c); and this same provision expressed to be repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)

The Local Government Finance Act 1992 (c.14)E+W

40(1)Section 46 of the Local Government Finance Act 1992 (special expenses of precepting authority) is amended as follows.U.K.

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

(a)F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Textual Amendments

The Probation Service Act 1993 (c.47)E+W

F9741U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9842U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9943U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10044U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10145U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Local Government (Wales) Act 1994 (c.19)E+W

46E+WIn section 55(3) of the Local Government (Wales) Act 1994 (alteration of areas in Wales in connection with alteration of local government area), for paragraphs (a) to (c) substitute “ the commission areas, petty sessions area or areas of magistrates’ courts committees in Wales. ”

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

47E+WF102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

48E+WF103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

49E+WF104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

50E+WF105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

51U.K.F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F106Sch. 10 para. 51 repealed (1.4.2001) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c); and this same provision expressed to be repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)

52U.K.F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

53U.K.F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F108Sch. 10 para. 53 repealed (1.4.2001) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c); and this same provision expressed to be repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)

Section 78.

SCHEDULE 11U.K. Unification and renaming of stipendiary bench

The Metropolitan Police Act 1839 (c.47)U.K.

1U.K.The Metropolitan Police Act 1839 has effect subject to the following amendments.

2U.K.In section 52 (prevention of obstruction in neighbourhood of public buildings), for “police courts” substitute “ magistrates’ courts ”.

3U.K.F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

4U.K.In section 76 (complaints to be heard and determined by one of the police magistrates), for the words from “by one” to the end substitute “ by a District Judge (Magistrates’ Courts) ”.

The Metropolitan Police Courts Act 1840 (c.84)U.K.

5U.K.In section 13 of the Metropolitan Police Courts Act 1840 (duties of police magistrates in relation to deserted premises), for “police magistrates” (in both places) substitute “ District Judges (Magistrates’ Courts) ”.

The London Hackney Carriages Act 1843 (c.86)U.K.

6U.K.In section 24 of the London Hackney Carriages Act 1843 (application for summons to police court of district)—

(a)F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

The London Hackney Carriages Act 1850 (c.7)U.K.

7U.K.In section 4 of the London Hackney Carriages Act 1850 (notice of hackney carriage standings to be hung in police courts), for “police courts” substitute “ magistrates’ courts acting for an area falling wholly within an inner London borough ”.

The London Hackney Carriage Act 1853 (c.33)U.K.

8U.K.In section 18 of the London Hackney Carriage Act 1853 (jurisdiction of police magistrates)—

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

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

The Regulation of Railways Act 1871 (c.78)U.K.

9U.K.F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Metropolitan Police Courts Act 1897 (c.26)U.K.

10U.K.F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

11U.K.In section 2 of the Law of Distress Amendment Act 1908 (order by stipendiary magistrate or two justices for restoration of goods illegally distrained by landlord etc.), for the words from “a stipendiary” to “or justices” substitute “ two justices who ”.

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

12U.K.F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Local Government Act 1948 (c.26)U.K.

13(1)Section 121 of the Local Government Act 1948 (precept for expenses of metropolitan police) is amended as follows.U.K.

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

(a)for the first paragraph substitute—

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

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

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

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

The Metropolitan Magistrates’ Courts Act 1959 (c.45)U.K.

14U.K.The Metropolitan Magistrates’ Courts Act 1959 (functions of Receiver) has effect subject to the following amendments.

F11415U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

16U.K.In section 4(2) (borrowing power of Receiver), for the words “of the metropolitan magistrates’ courts” substitute “ of the magistrates’ courts acting for petty sessions areas falling wholly within the inner London boroughs ”.

The Licensing Act 1964 (c.26)U.K.

17U.K.F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

18U.K.F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F116Sch. 11 para. 18 repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (subject to arts. 3-5 (as amended by S.I. 2003/3258, art. 2(2) and S.I. 2003/3312, art. 2(2)); and this same provision expressed to be repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)

The Courts Act 1971 (c.23)U.K.

19U.K.In Part IA of Schedule 2 to the Courts Act 1971 (certain office-holders eligible for appointment as Circuit judges), for “Stipendiary magistrate” substitute “ District Judge (Magistrates’ Courts). ”

The Local Government Act 1972 (c.70)U.K.

20U.K.In section 67(2)(b) of the Local Government Act 1972 (which provides that regulations may make provision about the functions or areas of jurisdiction of certain bodies or officers in connection with changes in local government areas in Wales)—

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

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

The Administration of Justice Act 1973 (c.15)U.K.

21U.K.In section 9(1) of the Administration of Justice Act 1973 (judicial salaries charged on and paid out of the Consolidated Fund), for paragraphs (e) and (f) (metropolitan stipendiary magistrates and other stipendiary magistrates) substitute—

“(e)District Judges (Magistrates’ Courts);”.

The Juries Act 1974 (c.23)U.K.

22U.K.F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Solicitors Act 1974 (c.47)U.K.

23U.K.In section 38 of the Solicitors Act 1974 (disqualification of a solicitor who is a justice of the peace), after subsection (3) insert—

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

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

24U.K.In Part I of Schedule 1 to the House of Commons Disqualification Act 1975 (judicial offices disqualifying for membership of the House of Commons), for “Stipendiary Magistrate within the meaning of the M39Justices of the Peace Act 1997.” substitute “ District Judge (Magistrates’ Courts) (but not Deputy District Judge (Magistrates’ Courts)). ”

Marginal Citations

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

25U.K.In Part I of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (judicial offices disqualifying for membership of the Northern Ireland Assembly), for “Stipendiary Magistrate within the meaning of the M40Justices of the Peace Act 1949.” substitute “ District Judge (Magistrates’ Courts) (but not Deputy District Judge (Magistrates’ Courts)). ”

Marginal Citations

The Magistrates’ Courts Act 1980 (c.43)U.K.

26U.K.The Magistrates’ Courts Act 1980 has effect subject to the following amendments.

27U.K.For section 66 substitute—

“66 Composition of magistrates’ courts for family proceedings: general.

(1)A magistrates’ court when hearing family proceedings shall be composed of—

(a)two or three lay justices; or

(b)a District Judge (Magistrates’ Courts) as chairman and one or two lay justices;

or, if it is not practicable for such a court to be so composed, a District Judge (Magistrates’ Courts) sitting alone.

(2)Except where such a court is composed of a District Judge (Magistrates’ Courts) sitting alone, it shall, so far as practicable, include both a man and a woman.

(3)In this section and section 67 below “lay justices” means justices of the peace who are not District Judges (Magistrates’ Courts).”

28U.K.F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

29U.K.F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

30U.K.F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Extradition Act 1989 (c.33)U.K.

31U.K.F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

32U.K.F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F122Sch. 11 para. 32 repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (subject to arts. 3-5 (as amended by S.I. 2003/3258, art. 2(2) and S.I. 2003/3312, art. 2(2)); and this same provision expressed to be repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art 3(aa)(bb)

33U.K.F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

34U.K.F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

35U.K.F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

36U.K.F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126Sch. 11 para. 36 repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (subject to arts. 3-5 (as amended by S.I. 2003/3258, art. 2(2) and S.I. 2003/3312, art. 2(2)); and Sch. 11 para. 36(3)(4)(a) expressed to be repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art 3(aa)(bb)

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

37U.K.In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc. barred from legal practice), for “Stipendiary Magistrate” substitute “ District Judge (Magistrates’ Courts) ”.

The Local Government Act 1992 (c.19)U.K.

38U.K.In section 19(2)(d) of the Local Government Act 1992 (which provides that regulations may make provision about the functions or areas of jurisdiction of certain bodies or officers in connection with changes in local government areas in England)—

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

(b)before “and the costs” insert “ , and the functions of any District Judge (Magistrates’ Courts), ”.

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

39U.K.The Judicial Pensions and Retirement Act 1993 has effect subject to the following amendments.

40U.K.In Part I of Schedule 1 (qualifying offices), after “County Court Judge in Northern Ireland” insert “ District Judge (Magistrates’ Courts) ”.

41U.K.In Schedule 5 (retirement), for “Stipendiary magistrate in England and Wales” substitute “ District Judge (Magistrates’ Courts) ”.

The Probation Service Act 1993 (c.47)U.K.

F12742U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

43U.K.F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

44U.K.F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

45U.K.F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

46U.K.F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

47U.K.F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

48U.K.F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

49U.K.F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

50U.K.F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F136F136SCHEDULE 12U.K.

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

Textual Amendments

Section 90.

SCHEDULE 13U.K. Functions transferred to justices’ chief executives

The London Hackney Carriages Act 1843 (c.86)U.K.

1U.K.F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Evidence Act 1851 (c.99)U.K.

2(1)Section 13 of the Evidence Act 1851 (proof of previous conviction by copy of record certified by clerk) is amended as follows.U.K.

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

(3)After that subsection insert—

“(2)In subsection (1) “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

(b)in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.”

The Criminal Procedure Act 1865 (c.18)U.K.

3(1)Section 6 of the Criminal Procedure Act 1865 (proof of previous conviction of witness by certificate signed by clerk) is amended as follows.U.K.

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

(3)After that subsection insert—

“(2)In subsection (1) “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

(b)in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.”

The Prevention of Crimes Act 1871 (c.112)U.K.

4(1)Section 18 of the Prevention of Crimes Act 1871 (evidence of previous conviction by record signed by clerk) is amended as follows.U.K.

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

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

(4)At the end of that section insert—

“In this section “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

(b)in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.”

The Fairs Act 1873 (c.37)U.K.

5U.K.F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

6U.K.F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

7U.K.F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

8U.K.The Children and Young Persons Act 1933 has effect subject to the following amendments.

9U.K.In section 42(2)(b) (transmission of deposition of child), for “clerk” substitute “ proper officer ”.

10U.K.F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

11U.K.F143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Maintenance Orders Act 1950 (c.37)U.K.

12U.K.Part II of the Maintenance Orders Act 1950 (enforcement of certain maintenance orders made in another part of the United Kingdom) has effect subject to the following amendments.

13(1)Section 18 (enforcement of registered orders) is amended as follows.U.K.

(2)F144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4)After that subsection insert—

“(2B)In subsection (2A) of this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and

(b)in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.”

Textual Amendments

14U.K.F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

15U.K.F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Army Act 1955 (c.18)U.K.

16U.K.The Army Act 1955 has effect subject to the following amendments.

17(1)Section 189 (delivery into military custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.U.K.

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

(3)After subsection (3) insert—

“(3A)In subsection (1) of this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and

(b)in relation to a court of summary jurisdiction elsewhere, the clerk of the court.”

18(1)Section 199 (proof of outcome of civil trial) is amended as follows.U.K.

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

(3)For subsection (4) substitute—

“(4)In this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and

(b)in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.”

The Air Force Act 1955 (c.19)U.K.

19U.K.The Air Force Act 1955 has effect subject to the following amendments.

20(1)Section 189 (delivery into air-force custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.U.K.

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

(3)After subsection (3) insert—

“(3A)In subsection (1) of this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and

(b)in relation to a court of summary jurisdiction elsewhere, the clerk of the court.”

21(1)Section 199 (proof of outcome of civil trial) is amended as follows.U.K.

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

(3)For subsection (4) substitute—

“(4)In this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and

(b)in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.”

The Naval Discipline Act 1957 (c.53)U.K.

22U.K.The Naval Discipline Act 1957 has effect subject to the following amendments.

23(1)Section 110 (delivery into naval custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.U.K.

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

(3)After subsection (2) insert—

“(2A)In subsection (2) of this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and

(b)in relation to a court of summary jurisdiction elsewhere, the clerk of the court.”

24(1)Section 129B (proof of outcome of civil trial) is amended as follows.U.K.

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

(3)For subsection (4) substitute—

“(4)In this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and

(b)in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.”

The Maintenance Orders Act 1958 (c.39)U.K.

25U.K.F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

26U.K.F148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

27U.K.F149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

28U.K.F150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

29U.K.F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

30U.K.F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

31U.K.F153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

32The Betting, Gaming and Lotteries Act 1963 has effect subject to the following amendments.

33(1)Section 10A (cancellation of betting office licence) is amended as follows.

(2)In subsection (4) (notification of cancellation)—

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

(b)for “clerk to” (in both places) substitute “ proper officer of ”.

(3)After that subsection insert—

“(5)In subsection (4)—

  • “the proper officer of the authority” has the same meaning as in Schedule 1; and

  • “the proper officer of the court” means—

    (a)

    in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

    (b)

    in relation to a court of summary jurisdiction in Scotland, the clerk of the court.”

34(1)Section 11 (cancellation of and disqualification for bookmaker’s permit or betting agency permit) is amended as follows.

(2)In subsection (5) (notification of cancellation)—

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

(b)for “clerk to” (in both places) substitute “ proper officer of ”.

(3)After that subsection insert—

“(6)In subsection (5)—

  • “the proper officer of the authority” has the same meaning as in Schedule 1; and

  • “the proper officer of the court” means—

    (a)

    in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

    (b)

    in relation to any other court, the clerk of the court.”

35(1)Schedule 1 (bookmaker’s permits, betting agency permits and betting offices licences) is amended as follows.

(2)In paragraph 2 (interpretation), for the definition of “clerk to the appropriate authority” substitute—

““the proper officer of the appropriate authority” means—

(a)in England, the chief executive to the justices comprising the committee referred to in paragraph 1 of this Schedule; and

(b)in Scotland, the clerk to the licensing court;”.

(3)In paragraphs 5 and 6 (applications for grant of permit or licence), for “clerk to” substitute “ proper officer of ”.

(4)In paragraph 7 (notification of meeting to consider application)—

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

(b)for “clerk”, in the remaining four places, substitute “ proper officer ”.

(5)In paragraph 8 (applications for renewal of permit or licence), for “clerk to” (in each place) substitute “ proper officer of ”.

(6)In paragraph 9 (person to whom application to be made)—

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

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

(7)In paragraph 11(b) (receipt of objections), for “clerk to” substitute “ proper officer of ”.

(8)In paragraph 12 (procedure where objection received), for “clerk” substitute “ proper officer ”.

(9)In paragraph 20 (grant or renewal of permit or licence)—

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

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

(10)In paragraph 20A (clerk to act on unopposed applications for renewal)—

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

(b)after sub-paragraph (4) insert—

“(5)For the purposes of this paragraph, the clerk to the appropriate authority, where the authority is a committee of the justices acting for a petty sessions area, is the clerk to those justices or, if there are two or more clerks to those justices—

(a)such one of those clerks as the magistrates’ courts committee having power over the appointment of clerks to justices for that area may direct; or

(b)in default of any such direction, any of those clerks.”

(11)In—

(a)paragraph 21(1), (2) and (4)(b) (appeals),

(b)paragraph 25 (notification of change in directors),

(c)paragraphs 26 (in both places) and 27(1) (cancellation of bookmaker’s permit),

(d)paragraphs 28A(1)(a) and (2), 28B(2) and (3) and 28C(1) and (2) (cancellation of betting office licence),

(e)paragraph 34 (registers), and

(f)paragraphs 36 and 37(1) (provision of information),

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

The Licensing Act 1964 (c.26)U.K.

36U.K.F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

37U.K.F155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

38U.K.F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

39U.K.F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

40U.K.F158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

41U.K.F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

42U.K.F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

43U.K.F161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

44U.K.F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

45U.K.F163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

46U.K.F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

47U.K.F165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

48U.K.F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

49U.K.F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

50U.K.F168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

51U.K.F169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

52U.K.F170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

53U.K.F171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

54U.K.F172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

55U.K.F173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

56U.K.F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Gaming Act 1968 (c.65)U.K.

57U.K.The Gaming Act 1968 has effect subject to the following amendments.

58(1)Schedule 2 (grant etc. of licences) is amended as follows.U.K.

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

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

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

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

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

(c)in sub-paragraphs (3) and (4), for “clerk to” substitute “ proper officer of ”.

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

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

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

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

(c)in sub-paragraph (5), for “clerk to” substitute “ proper officer of ”.

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

(8)In paragraph 15 (objections)—

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

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

(9)In—

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

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

(c)paragraph 31(1) and (2) (appeal by Board),

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

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

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

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

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

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

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

(b)after that sub-paragraph insert—

“(5)In sub-paragraph (4) of this paragraph, “the proper officer of the court” means—

(a)in relation to a magistrates’ court, the justices’ chief executive for the court, and

(b)in relation to any other court, the clerk of the court.”

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

(13)In paragraph 63 (fees)—

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

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

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

59(1)Schedule 3 (registration of members’ clubs in England and Wales) is amended as follows.U.K.

(2)F175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)F176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)after that sub-paragraph insert—

“(4)In sub-paragraph (3) of this paragraph the “proper officer of the court” means—

(a)in relation to a magistrates’ court, the justices’ chief executive for the court, and

(b)in relation to the Crown Court, the appropriate officer of the court.”

(4)F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

60U.K.F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

61U.K.F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

62U.K.F180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

F18163U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Attachment of Earnings Act 1971 (c.32)U.K.

64U.K.The Attachment of Earnings Act 1971 has effect subject to the following amendments.

65U.K.F182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

66U.K.F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

67U.K.In section 17(3)(d) (power to require court officer to deal with payments under consolidated attachment order as directed by court or rules), for “clerk or registrar” substitute “ officer ”.

68U.K.F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

69U.K.F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Immigration Act 1971 (c.77)U.K.

70(1)Schedule 2 to the Immigration Act 1971 (administrative provisions) is amended as follows.U.K.

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

(3)After that sub-paragraph insert—

“(1A)In sub-paragraph (1) “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

(b)in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.”

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

(5)After that sub-paragraph insert—

“(3A)In sub-paragraph (3) “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

(b)in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.”

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

71U.K.The Maintenance Orders (Reciprocal Enforcement) Act 1972 has effect subject to the following amendments.

72U.K.F186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

73(1)Section 8 (enforcement of maintenance order registered in United Kingdom court) is amended as follows.U.K.

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

(3)After that subsection insert—

“(3A)In subsection (3) above “appropriate officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

(b)in relation to a court elsewhere, the clerk of the court.”

(4)F187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

74U.K.F188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

75(1)Section 23 (maintenance orders registered in High Court under Maintenance Orders (Facilities for M43Enforcement) Act 1920) is amended as follows.U.K.

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

(3)After subsection (5) insert—

“(6)In this section “appropriate officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

(b)in relation to a magistrates’ court in Northern Ireland, the clerk of the court.”

Marginal Citations

76U.K.In section 26 (application for recovery of maintenance in convention country), for subsections (6) and (7) substitute—

“(6)The appropriate officer for the purposes of this section is—

(a)where the applicant is residing in England and Wales, the justices’ chief executive for the petty sessions area;

(b)where the applicant is residing in Northern Ireland, the clerk of the court for the petty sessions district; and

(c)where the applicant is residing in Scotland, the sheriff clerk or sheriff clerk depute of the sheriff court within the jurisdiction of which the applicant is residing.”

77U.K.F189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

78U.K.F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

79(1)Section 32 (transfer of orders) is amended as follows.U.K.

(2)In subsection (2) (transmission of copy of order)—

(a)for “the clerk” (in both places) substitute “ the appropriate officer ”, and

(b)for “that clerk” substitute “ the appropriate officer ”.

(3)After that subsection insert—

“(2A)In subsection (2) above the “appropriate officer” means—

(a)in relation to a court in England and Wales, the justices’ chief executive for the court; and

(b)in relation to a court in Northern Ireland, the clerk of the court.”

80U.K.In section 34(3) (application from abroad to vary a registered order), for “the clerk of that court” substitute “—

(a)the justices’ chief executive for the court, if the court is in England and Wales; or

(b)the clerk of the court, if the court is in Northern Ireland.”

81U.K.F191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Matrimonial Causes Act 1973 (c.18)U.K.

82U.K.F192. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

F19383U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19484U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19585U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

86(1)Schedule 4 to the Salmon and Freshwater Fisheries Act 1975 (procedure relating to offences) is amended as follows.U.K.

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

(3)After paragraph 13 insert—

“14In paragraphs 10 and 12 above “proper officer” means—

(a)in relation to a magistrates’ court, the justices’ chief executive for the court; and

(b)in relation to the Crown Court, the appropriate officer.”

The Lotteries and Amusements Act 1976 (c.32)U.K.

87U.K.F196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Adoption Act 1976 (c.36)U.K.

88U.K.F197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Bail Act 1976 (c.63)U.K.

89U.K.F198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Domestic Proceedings and Magistrates’ Courts Act 1978 (c.22)U.K.

90U.K.F199. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

91U.K.F200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

92U.K.F201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

93U.K.F202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

94(1)Section 4 of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (supplemental) is amended as follows.

(2)In subsection (3) (copy of exclusion order to be sent to licensee of relevant premises), for the words from “clerk” to “may be,” substitute “ proper officer of the court ”.

(3)After that subsection insert—

“(4)For the purposes of subsection (3) above—

(a)the proper officer of a magistrates’ court in England and Wales is the justices’ chief executive for the court;

(b)the proper officer of the Crown Court is the appropriate officer; and

(c)the proper officer of a court in Scotland is the clerk of the court.”

The Magistrates’ Courts Act 1980 (c.43)U.K.

95U.K.The Magistrates’ Courts Act 1980 has effect subject to the following amendments.

96U.K.F203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F203Sch. 13 para. 96 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb); and this same provision expressed to be repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)(2)(3) (with arts. 3, 4)

97U.K.F204. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

98U.K.F205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

99U.K.F206. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

100U.K.F207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

101U.K.F208. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

102U.K.F209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

103U.K.F210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

104U.K.F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

105U.K.F212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

106U.K.F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

107U.K.F214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

108U.K.F215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

109U.K.F216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

110U.K.F217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

111U.K.F218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F218Sch. 13 para. 111 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb); and this same provision expressed to be repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)(2)(3) (with arts 3. 4)

112U.K.F219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

113U.K.In section 114 (payment to clerk of fees and recognizances on case stated), for “him the fees payable for the case and for the recognizances” substitute “ the fees payable for the case and for the recognizances to the justices’ chief executive for the court ”.

114U.K.F220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

115U.K.F221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

116U.K.F222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

117U.K.F223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Highways Act 1980 (c.66)U.K.

118U.K.F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Betting and Gaming Duties Act 1981 (c.63)U.K.

119U.K.The Betting and Gaming Duties Act 1981 has effect subject to the following amendments.

120(1)Paragraph 15 of Schedule 1 (enforcement of betting duty) is amended as follows.

(2)In sub-paragraph (4) (notification of forfeiture and cancellation of betting office licence)—

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

(b)for the words from “clerk to”, in the first place, to “clerk to”, in the second place, substitute “ proper officer of the appropriate authority who last either granted or renewed the licence, send a copy of the order to the proper officer of ”.

(3)After that sub-paragraph insert—

“(4A)In sub-paragraph (4) above—

  • “proper officer of the court” means—

    (a)

    in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

    (b)

    in relation to any other court, the clerk of the court, and

  • “appropriate authority” and “proper officer of the appropriate authority” have the same meaning as in Schedule 1 to the M44Betting, Gaming and Lotteries Act 1963.”

Marginal Citations

121(1)Paragraph 15 of Schedule 4 (register of permits) is amended as follows.U.K.

(2)In sub-paragraph (1) (registers of permits etc.), for “clerk to” substitute “ proper officer of ”.

(3)After sub-paragraph (2) insert—

“(3)In sub-paragraph (1) above “proper officer of the appropriate authority” means—

(a)where the appropriate authority is a committee of the justices acting for a petty sessions area, the chief executive to the justices; and

(b)in any other case, the clerk to the authority.”

The Civil Jurisdiction and Judgments Act 1982 (c.27)U.K.

122(1)Section 5 of the M45Civil Jurisdiction and Judgments Act 1982 (recognition and enforcement of maintenance orders) is amended as follows.U.K.

(2)F225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (7) (requirement of payer to notify change of address to clerk of the court), for “clerk” substitute “ proper officer ”.

(4)After that subsection insert—

“(8)In subsection (7) “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

(b)in relation to a magistrates’ court in Northern Ireland, the clerk of the court.”

Textual Amendments

Marginal Citations

The Criminal Justice Act 1982 (c.48)U.K.

F226123U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Licensing (Occasional Permissions) Act 1983 (c.24)U.K.

124U.K.F227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Police and Criminal Evidence Act 1984 (c.60)U.K.

125U.K.The Police and Criminal Evidence Act 1984 has effect subject to the following amendments.

126U.K.F228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

127U.K.F229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

128(1)Section 73 (proof of conviction) is amended as follows.U.K.

(2)In subsection (2) (certificate of conviction to be signed by clerk), for “clerk” (in each place) substitute “ proper officer ”.

(3)For subsection (3) substitute—

“(3)In subsection (2) above “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

(b)in relation to any other court, the clerk of the court, his deputy or any other person having custody of the court record.”

The Prosecution of Offences Act 1985 (c.23)U.K.

129U.K.F230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

130U.K.F231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

131U.K.F232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Sporting Events (Control of Alcohol etc.) Act 1985 (c.57)U.K.

132U.K.F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Insolvency Act 1986 (c.45)U.K.

133U.K.In sections 9(1) and 124(1) of the Insolvency Act 1986 (applications for administration order and winding up), for “the clerk of a magistrates’ court” substitute “ a justices’ chief executive ”.

The Public Order Act 1986 (c.64)U.K.

134U.K.In section 34(1) and (2) of the Public Order Act 1986 (notification by clerk of making or termination of exclusion order), for “clerk of” substitute “ justices’ chief executive for ”.

The Coroners Act 1988 (c.13)U.K.

135U.K.F234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Criminal Justice Act 1988 (c.33)U.K.

136U.K.F235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

137U.K.F236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F236Sch. 13 para. 137 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb); and this same provision expressed to be repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)(2)(3) (with arts 3. 4)

138U.K.F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

139U.K.F238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Road Traffic Offenders Act 1988 (c.53)U.K.

140U.K.The Road Traffic Offenders Act 1988 has effect subject to the following amendments.

141(1)Section 7 (duty of accused to provide licence to clerk of court) is amended as follows.U.K.

(2)Number the existing provision as subsection (1) and, in paragraph (a) of that provision, for “clerk” substitute “ proper officer ”.

(3)After that provision insert—

“(2)In subsection (1) above “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court, and

(b)in relation to any other court, the clerk of the court.”

142U.K.In sections 8(a) and 25(2)(a) (notification to clerk of date of birth and sex), for “to the clerk of a court in pursuance of section 12(2)” substitute “ to a justices’ chief executive in pursuance of section 12(4) ”.

143(1)Section 26 (interim disqualification) is amended as follows.U.K.

(2)In subsection (7), in paragraph (b) (licence of person subject to interim disqualification to be sent to clerk), for “clerk” substitute “ proper officer ”.

(3)After that subsection insert—

“(2)In subsection (7) above “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court, and

(b)in relation to any other court, the clerk of the court.”

144(1)Section 27 (production of licence) is amended as follows.U.K.

(2)In subsection (4) (exceptions), for “clerk” (in both places) substitute “ proper officer ”.

(3)After that subsection insert—

“(5)In subsection (4) above “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court, and

(b)in relation to any other court, the clerk of the court.”

145(1)Section 34B (certificate of completion of course) is amended as follows.U.K.

(2)In subsections (1), (2) (in both places), (6) and (7), for “clerk” substitute “ proper officer ”.

(3)In subsection (9)—

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

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

146U.K.In section 34C(2) (interpretation), after the definition of “petty sessions area” insert—

““proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court, and

(b)in relation to a sheriff court in Scotland, the clerk of the court;”.

147U.K.F239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

148U.K.F240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

149U.K.F241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

150(1)Section 71 (registration of sums payable in default) is amended as follows.U.K.

(2)For subsections (1) and (2) substitute—

“(1)Where, in England and Wales, a justices’ chief executive receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default—

(a)if it appears to him that the defaulter resides in a petty sessions area for which he is the justices’ chief executive, he must register that sum for enforcement as a fine in that area by entering it in the register of a magistrates’ court acting for that area,

(b)if it appears to him that the defaulter resides in any other petty sessions area in England and Wales, he must send the certificate to the justices’ chief executive for that area, or

(c)if it appears to him that the defaulter resides in Scotland, he must send the certificate to the clerk of the court of summary jurisdiction for the area in which the defaulter appears to him to reside.

(2)Where, in Scotland, the clerk of a court receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default—

(a)if it appears to him that the defaulter resides in the area of the court, he must register that sum for enforcement as a fine by that court,

(b)if it appears to him that the defaulter resides in the area of any other court of summary jurisdiction in Scotland, he must send the certificate to the clerk of that court, or

(c)if it appears to him that the defaulter resides in England and Wales, he must send the certificate to the justices’ chief executive for the petty sessions area in which the defaulter appears to him to reside.

(2A)Subsections (1) and (2) apply to executives and clerks who receive certificates pursuant to the provision they contain as they apply to the original recipients.”

(3)F242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

151U.K.In sections 72(1) and (6) and 73(1)(b) and (7) (invalidity of registration notice), for “clerk” substitute “ proper officer ”.

152(1)Section 74 (supplementary) is amended as follows.U.K.

(2)In subsection (4) (service of statutory declaration), for “clerk” substitute “ proper officer ”.

(3)In subsection (5) (interpretation), for paragraph (b) substitute—

“(b)references to the proper officer of the relevant court are—

(i)in the case of a magistrates’ court, references to the justices’ chief executive for that court, and

(ii)in the case of a court of summary jurisdiction in Scotland, references to the clerk of the court, and”.

153U.K.In section 75(6) (definition of “fixed penalty clerk” for purposes of conditional offers)—

(a)F243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for “that clerk” substitute “ he ”.

Textual Amendments

154U.K.F244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

155U.K.F245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

156U.K.F246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)U.K.

157(1)Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders) is amended as follows.U.K.

(2)In paragraph 1(5) (meaning of “proper officer”), for “clerk of”, in the first three places, substitute “ justices’ chief executive for ”.

(3)In paragraph 9(4) (functions of clerk to be exercised by appropriate officer of High Court in case of order made elsewhere in British Islands), for “the clerk of a magistrates’ court” substitute “ a justices’ chief executive ”.

The Football Spectators Act 1989 (c.37)U.K.

158In sections 7(7)(b) and 18(1) of the Football Spectators Act 1989 (duties of clerk in relation to notices of conviction and restriction orders), for “clerk of” substitute “ justices’ chief executive for ”.

The Children Act 1989 (c.41)U.K.

159U.K.F247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

160U.K.F248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

161U.K.F249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

162U.K.F250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c.25)U.K.

163(1)Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (supervision and treatment orders) is amended as follows.U.K.

(2)In paragraph 3(4) (clerk to receive copy of supervision and treatment order), for “clerk to the justices” substitute “ justices’ chief executive ”.

(3)In paragraph 10(1) (clerk to send copy of revocation of supervision and treatment order to supervising officer), for “clerk to” substitute “ justices’ chief executive for ”.

(4)In paragraph 11 (amendment of orders), in sub-paragraph (1), for “clerk to the justices” (in both places) substitute “ justices’ chief executive ” and after that sub-paragraph insert—

“(1A)Where the justices’ chief executive for the court making the order is also the justices’ chief executive for the new petty sessions area—

(a)sub-paragraph (1)(b) above does not apply; but

(b)the justices’ chief executive shall give copies of the amending order to the supervising officer.”

(5)In that paragraph, in sub-paragraph (2), after “(1)” insert “ or (1A) ”.

The Criminal Justice Act 1991 (c.53)U.K.

164U.K.The Criminal Justice Act 1991 has effect subject to the following amendments.

165U.K.F251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F252166U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Social Security Administration Act 1992 (c.5)U.K.

167U.K.F253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

168U.K.F254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

169U.K.F255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)U.K.

170U.K.In section 14(5)(b) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (Secretary of State to send supervised release order to clerk to the justices), for “clerk” substitute “ chief executive ”.

The Pension Schemes Act 1993 (c.48)U.K.

171U.K.F256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Drug Trafficking Act 1994 (c.37)U.K.

172U.K.F257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Road Traffic (New Drivers) Act 1995 (c.13)U.K.

173(1)Paragraph 3 of Schedule 1 to the Road Traffic (New Drivers) Act 1995 (duty to provide test certificate) is amended as follows.U.K.

(2)In sub-paragraph (3), in paragraph (b) (certificate not previously supplied to clerk), for “clerk” substitute “ proper officer ”.

(3)After that sub-paragraph insert—

“(3A)In sub-paragraph (3) “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court, and

(b)in relation to any other court, the clerk of the court.”

The Merchant Shipping Act 1995 (c.21)U.K.

174(1)Section 68 of the Merchant Shipping Act 1995 (power to summon witness) is amended as follows.U.K.

(2)In subsection (4) (particulars of fine to be given to clerk), for “clerk” substitute “ proper officer ”.

(3)After that subsection insert—

“(4A)In subsection (1) above “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court, and

(b)in relation to a magistrates’ court in Northern Ireland, the clerk of the court.”

The Criminal Procedure (Scotland) Act 1995 (c.46)U.K.

175U.K.In section 234(9) of the Criminal Procedure (Scotland) Act 1995 (copies of probation order relating to person resident in England and Wales to be sent to clerk of relevant area), for “clerk to the justices” substitute “ justices’ chief executive ”.

The Reserve Forces Act 1996 (c.14)U.K.

176U.K.The Reserve Forces Act 1996 has effect subject to the following amendments.

177(1)Paragraph 7 of Schedule 2 (delivery into military, air-force or naval custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.U.K.

(2)In sub-paragraph (3) (fee payable to clerk of the court), for “clerk” substitute “ proper officer ”.

(3)After that sub-paragraph insert—

“(3A)In sub-paragraph (3) “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and

(b)in relation to any other court, the clerk of the court.”

178(1)Paragraph 9 of Schedule 3 (proof of outcome of civil trial) is amended as follows.U.K.

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

(3)For sub-paragraph (4) substitute—

“(4)In this paragraph “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and

(b)in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.”

The Crime and Disorder Act 1998 (c.37)U.K.

179(1)Schedule 3 to the Crime and Disorder Act 1998 (procedure where no committal proceedings for indictable-only offence) is amended as follows.U.K.

(2)In paragraph 4(9), (10) and (11) (power of justice to take depositions etc), for “clerk of” substitute “ chief executive to ”.

(3)In paragraph 6(7) (Crown Court to inform clerk of magistrates’ court of outcome of trial), for “clerk of” substitute “ justices’ chief executive for ”.

Section 105.

SCHEDULE 14U.K. Transitional provisions and savings

Part IU.K. General

1(1)The Lord Chancellor [F258or Secretary of State] may by order made by statutory instrument make such transitional provisions and savings he considers appropriate in connection with the coming into force of any provision of this Act.U.K.

(2)Nothing in the following provisions of this Schedule limits sub-paragraph (1).

(3)Nothing in this Schedule limits the operation of sections 16 and 17 of the M46Interpretation Act 1978 (effect of repeals).

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

Part IIU.K. Legal Services Commission

Replacement of Legal Aid Board by Legal Services CommissionU.K.

2(1)When section 1 of this Act comes into force—E+W

(a)the functions of the Legal Aid Board, and

(b)the property, rights and liabilities of the Board,

shall by virtue of this paragraph be transferred to the Legal Services Commission.

(2)Sub-paragraph (1)(b) has effect in relation to any property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would otherwise prevent or restrict their transfer.

3(1)Anything which, immediately before section 1 of this Act comes into force, is in the process of being done by or in relation to the Legal Aid Board may, if it relates to anything transferred by paragraph 2(1), be continued by or in relation to the Legal Services Commission.E+W

(2)Anything done (or having effect as if done) by or in relation to the Legal Aid Board before the time when section 1 of this Act comes into force for the purpose of, or in connection with, anything transferred by paragraph 2(1) shall, so far as is required for continuing its effect after that time, have effect as if done by or in relation to the Legal Services Commission.

(3)Any reference to the Legal Aid Board in any document, including any enactment, constituting or relating to anything transferred by paragraph 2(1) shall, so far as is required for giving effect to that paragraph, be construed as a reference to the Legal Services Commission.

4U.K.Where rights and liabilities under a contract of employment are transferred under paragraph 2(1)(b)—

(a)for the purposes of Part XI of the M47Employment Rights Act 1996 (redundancy payments etc.), the employee shall not be regarded as having been dismissed by virtue of the transfer, and

(b)for the purposes of that Act, the employee’s period of employment with the Legal Aid Board shall count as a period of employment with the Legal Services Commission and the change of employment shall not break the continuity of the period of employment.

Marginal Citations

5(1)Any arrangements made by the Legal Aid Board under paragraph 10(2) of Schedule 1 to the M48Legal Aid Act 1988 (power to provide for pensions) before the time when section 1 of this Act comes into force shall be treated after that time (so far as may be necessary to preserve their effect) as having been made by the Legal Services Commission under paragraph 10(1) of Schedule 1 to this Act.E+W

(2)For the purposes of any such arrangement as it has effect after section 1 of this Act comes into force, a person’s period of employment with the Legal Aid Board shall count as a period of employment with the Legal Services Commission.

Marginal Citations

Winding-down of Legal Aid BoardU.K.

6(1)The Legal Aid Board shall give to the Legal Services Commission all the information, prepare all the documents and do all other things which appear to the Commission appropriate for the purpose of facilitating—U.K.

(a)the carrying into effect of the transfers effected by paragraph 2(1), and

(b)the exercise of any functions transferred by paragraph 2(1)(a) or conferred or imposed on the Commission by this Schedule;

and the Legal Aid Board may do anything else which appears to it appropriate for that purpose.

(2)The Legal Aid Board shall, as soon as possible after the time when section 1 of this Act comes into force, prepare a report in accordance with section 5(3) of the M49Legal Aid Act 1988—

(a)in relation to the last financial year ending before that time (if it has not done so before then), and

(b)in relation to the period between the end of that financial year and that time (as if that period were a financial year).

(3)The Legal Aid Board shall, as soon as possible after the time when section 1 of this Act comes into force, prepare a statement of accounts in accordance with section 7(1) of the Legal Aid Act 1988—

(a)in relation to the last financial year ending before that time (if it has not done so before then), and

(b)in relation to the period between the end of that financial year and that time (as if that period were a financial year).

(4)Subsections (2) to (7) of section 7 to the Legal Aid Act 1988 shall, after section 1 of this Act comes into force, apply in relation to—

(a)the preparation of a statement under sub-paragraph (3)(a) or (b), and

(b)the auditing of accounts kept under that section for the periods mentioned in sub-paragraph (3)(a) and (b).

(5)From the time when section 1 of this Act comes into force, the Legal Services Commission shall make available to the Legal Aid Board such facilities as it may reasonably require for exercising its functions under this paragraph.

(6)The Lord Chancellor may pay to members of the Legal Aid Board—

(a)any remuneration which he considers appropriate in respect of the performance of their duties as members of the Board after the time when section 1 of this Act comes into force, and

(b)any allowances which he determines should be paid to them in respect of expenses properly incurred by them in the performance of those duties after that time.

(7)The Lord Chancellor may determine that, as from the coming into force of section 1 of this Act, the number of members of the Legal Aid Board shall be reduced to a number which he considers appropriate (and may, accordingly, remove any such members from office).

(8)The Lord Chancellor shall meet the costs of remunerating auditors and any other costs incurred by the Legal Aid Board in connection with the exercise of any of its functions under this paragraph.

Marginal Citations

Abolition of Legal Aid BoardE+W

7(1)The Legal Aid Board shall cease to exist when the Lord Chancellor, being satisfied that its duties under paragraph 6 have been discharged, by order made by statutory instrument so specifies.E+W

(2)Nothing in this Schedule, and no amendment or repeal made by this Act, affects—

(a)the continuance of the Legal Aid Board for the purpose of exercising its functions under paragraph 6, or

(b)the continued operation for that purpose of any enactment relating to the Board.

Further provision for Legal Aid Board and Legal Services CommissionE+W

8(1)The Lord Chancellor may by order made by statutory instrument make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to him to be appropriate in consequence of or otherwise in connection with—E+W

(a)the transfers effected by paragraph 2(1), or

(b)the abolition of the Legal Aid Board.

(2)An order under sub-paragraph (1) may include provisions in the form of amendments or repeals of this Part of this Schedule or any other enactment.

Funding of representation by Lord ChancellorE+W

9(1)Until such date as the Lord Chancellor may by order made by statutory instrument appoint, the duty of the Commission under section 14(1) of this Act shall have effect as a duty of the Commission or the Lord Chancellor, as the Lord Chancellor may specify.E+W

(2)To the extent that that duty has effect as a duty of the Lord Chancellor he shall comply with it by making payments to persons or bodies in respect of the provision of representation by them; and, accordingly, references in this Act and any other enactment to representation (or services) funded by the Commission as part of the Criminal Defence Service include representation funded by the Lord Chancellor under this sub-paragraph.

(3)The Lord Chancellor shall by order made by statutory instrument make provision about such payments (including provision for reviews of, or appeals against, determinations required for the purposes of the order); and subsections (2) and (3) of section 25 of this Act shall apply to it (as if it were a remuneration order as defined by subsection (4) of that section).

Part IIIU.K. Legal services

Conditional fee agreementsU.K.

10U.K.Any order made under section 58(4) or (5) of the M50Courts and Legal Services Act 1990 and in force immediately before the time when section 27 of this Act comes into force shall have effect after that time (until revoked) as if made under section 58(4) as substituted by that section.

Marginal Citations

11U.K.Any regulations made under section 58(1)(c) of the Courts and Legal Services Act 1990 and in force immediately before the time when section 27 of this Act comes into force shall have effect after that time (until revoked) as if made under section 58(3)(c) as substituted by that section.

Legal aid in ScotlandE+W

12E+WIf section 33 of this Act comes into force before section 1 of the M51Tax Credits Act 1999, the reference in section 33 to disabled person’s tax credit shall, until section 1 of the Tax Credits Act 1999 comes into force, have effect as a reference to disability working allowance.

Marginal Citations

Abolition of ACLECE+W

13E+WThe Lord Chancellor may by order made by statutory instrument make provision in connection with the abolition of the Lord Chancellor’s Advisory Committee on Legal Education and Conduct (including, in particular, provision about its staff and property).

Regulations and rules for barristers and solicitorsU.K.

14(1)For the purposes of section 27 of the M52Courts and Legal Services Act 1990—

(a)the qualification regulations and rules of conduct of the General Council of the Bar at the time when section 36 of this Act comes into force shall (so far as relating to rights of audience) be deemed to have been approved in relation to the right specified in section 31(1) of that Act (as substituted by that section), and

(b)the qualification regulations and rules of conduct of the Law Society at that time shall (so far as relating to rights of audience) be deemed to have been approved in relation to the right specified in section 31(2)(a) of that Act (as so substituted).

(2)For the purposes of section 28 of that Act, the qualification regulations and rules of conduct of the Law Society at that time shall (so far as relating to rights to conduct litigation) be deemed to have been approved in relation to the right specified in section 31(2)(b) of that Act (as substituted by section 36 of this Act).

Marginal Citations

15E+WWhere a person was called to the Bar or admitted as a solicitor before the coming into force of section 36 of this Act, he shall be taken for the purposes of determining for how many years he has had one of the qualifications listed in section 71(3) of the Courts and Legal Services Act 1990 as having been granted a right of audience before every court in relation to all proceedings on his call or admission.

Existing rights of solicitors in certain Crown Court centresU.K.

16(1)If section 36 of this Act comes into force before the repeal by this Act of section 83 of the M53Supreme Court Act 1981, section 83 shall have effect until that repeal comes into force subject to the modifications specified in sub-paragraphs (2) and (3).

(2)Subsection (1) shall have effect as if for “may have rights of audience in the Crown Court” there were substituted “ shall be entitled to exercise their right of audience in the Crown Court even though they do not satisfy the regulations of the Law Society relating to the education and training which solicitors must receive in order to exercise their right of audience in the Crown Court ”.

(3)Subsection (3) shall have effect as if for “with” there were substituted “ who may exercise ”.

Marginal Citations

Authorised bodiesU.K.

17(1)An Order in Council made pursuant to a recommendation under section 29 of the Courts and Legal Services Act 1990 and in force immediately before the time when Schedule 5 to this Act comes into force shall have effect after that time (unless revoked) as if made pursuant to a recommendation under Part I of Schedule 4 to that Act as substituted by Schedule 5 to this Act.U.K.

(2)Any approval under Part II of Schedule 4 to the Courts and Legal Services Act 1990 in force immediately before the time when Schedule 5 to this Act comes into force shall have effect after that time as an approval under that Part of that Schedule as substituted by Schedule 5 to this Act.

Part IVU.K. Reporting of proceedings about children

18U.K.Section 97(2) of the M54Children Act 1989 (as amended by section 72 of this Act) shall not apply in relation to proceedings before a county court or the High Court which have begun before the coming into force of that section.

Marginal Citations

Part VU.K. Magistrates and magistrates’ courts

Commission areasU.K.

19U.K.The first order under section 1 of the M55Justices of the Peace Act 1997, as substituted by section 74 of this Act, shall specify each of the areas which was a commission area immediately before the time when that section comes into force; and those areas shall continue to be commission areas from that time until the coming into force of that first order.

Marginal Citations

Petty sessions areasU.K.

20U.K.The first order under section 4 of the Justices of the Peace Act 1997, as substituted by section 75 of this Act, shall specify each of the areas which was a petty sessions area immediately before the time when that section comes into force; and those areas shall continue to be petty sessions areas from that time until the coming into force of that first order.

Lord Mayor and aldermen of City of LondonU.K.

21U.K.The person who is the Lord Mayor of London, and the persons who are aldermen of the City of London, at the end of the period of two months beginning with the day on which this Act is passed shall be treated as having at that time been appointed in accordance with section 5 of the Justices of the Peace Act 1997 as justices of the peace for the commission area which includes the City of London; and, accordingly, subsection (1A) of section 6 of that Act (inserted by paragraph 48 of Schedule 10 to this Act) has effect in relation to them.

District Judges (Magistrates’ Courts): appointmentE+W

22E+WAny person who is a stipendiary magistrate or a metropolitan stipendiary magistrate immediately before the time when section 78 of this Act comes into force shall be treated as having been appointed to be a District Judge (Magistrates’ Courts) at that time (unless he would have been required by reason of age to vacate his office at that time).

23E+WAny person who, immediately before the time when section 78 of this Act comes into force, is authorised under section 13(1)(a) or 19 of the Justices of the Peace Act 1997 to act as a stipendiary magistrate or metropolitan stipendiary magistrate shall be treated as having been appointed to be a Deputy District Judge (Magistrates’ Courts) at that time for the remainder of the period for which he is so authorised.

District Judges (Magistrates’ Courts): pensionsU.K.

24(1)For the purposes specified in sub-paragraph (2), a person who—U.K.

(a)is a stipendiary magistrate or metropolitan stipendiary magistrate immediately before the time when section 78 of this Act comes into force, and

(b)is at that time a member of a judicial pension scheme constituted by the M56Judicial Pensions Act 1981,

shall not be regarded as having been appointed (by virtue of paragraph 22) to be a District Judge (Magistrates’ Courts) but shall instead be regarded as if he continued to be a stipendiary magistrate or metropolitan stipendiary magistrate.

(2)The purposes referred to in sub-paragraph (1) are those of—

(a)the Judicial Pensions Act 1981,

(b)any scheme constituted by that Act, and

(c)any enactment made by or under an Act which applies to such a scheme or to rights arising under such a scheme.

Marginal Citations

District Judges (Magistrates’ Courts): retirementU.K.

25U.K.For the purposes of section 26 of and Schedule 7 to the M57Judicial Pensions and Retirement Act 1993 (date of retirement for holders of a relevant office immediately before the time when section 26 came into force) a person who held the office of stipendiary magistrate or metropolitan stipendiary magistrate at any time during the period beginning when section 26 came into force and ending when Schedule 11 to this Act comes into force shall be treated as having held a relevant office at that time in spite of the amendment made to Schedule 5 to the Judicial Pensions and Retirement Act 1993 by Schedule 11 to this Act.

Marginal Citations

District Judges (Magistrates’ Courts): legal aidU.K.

26U.K.If paragraph 36 of Schedule 11 to this Act comes into force before the repeal by this Act of section 19(5) of the M58Legal Aid Act 1988, that provision shall have effect as if, in the definition of “proceedings for dealing with an offender as a fugitive offender”, the reference to a metropolitan stipendiary magistrate were to a District Judge (Magistrates’ Courts).

Marginal Citations

Committals for sentenceE+W

27E+WSection 79 of, and Part V(4) of Schedule 15 to, this Act do not apply to any hearing of proceedings on committal to the Crown Court if those proceedings have begun before the coming into force of that section and that Part of that Schedule.

Youth courtsU.K.

28(1)Subject to any order under paragraph 6 of the Second Schedule to the M59Children and Young Persons Act 1933 (as amended by this Act), there shall from the coming into force of section 77 of this Act be a combined youth court panel for the area consisting of the inner London boroughs and the City of London (in spite of paragraph 3 of that Schedule).U.K.

[F259(2)If section 77 of this Act comes into force before section 83 of this Act, then until section 83 comes into force paragraph 9 of the Second Schedule to the Children and Young Persons Act (as amended by this Act) shall not prevent there being a combined youth panel for the City of London and any other area.]

Textual Amendments

Marginal Citations

Magistrates’ courts committee areasU.K.

29U.K.The first order under section 27A(2) of the M60Justices of the Peace Act 1997, as substituted by section 81 of this Act, shall specify each of the areas outside Greater London which was a magistrates’ courts committee area immediately before the time when that section comes into force; and those areas shall continue to be magistrates’ courts committee areas from that time until the coming into force of that first order.

Marginal Citations

Magistrates’ courts committees in Greater LondonU.K.

30(1)From the end of the period of two months beginning with the day on which this Act is passed until the Greater London Magistrates’ Courts Authority becomes the magistrates’ courts committee for Greater London, the Justices of the Peace Act 1997 shall continue to have effect in relation to magistrates’ courts committees in Greater London without—U.K.

(a)the amendments made by sections 81 and 82 of this Act, and

(b)the repeal of sections 32 and 38(6) of that Act made by Part V(5) of Schedule 15 to this Act,

but subject to the modifications specified in sub-paragraphs (2) to (5).

(2)Section 28 shall have effect as if—

(a)in subsection (1), for “to (4)” there were substituted “ and (3) ”,

(b)in subsection (2), for “Not more than two other” there were substituted “ Other ”,

(c)for subsections (3) and (4) there were substituted—

“(3)The inner London magistrates’ courts committee shall include either—

(a)the Senior District Judge (Chief Magistrate) and two District Judges (Magistrates’ Courts) appointed by him; or

(b)(if he decides not to be a member) three District Judges (Magistrates’ Courts) appointed by him.”, and

(d)in subsection (5), for “subsections (3) and (4)” there were substituted “ subsection (3) ”.

(3)Section 29 shall have effect as if—

(a)in subsection (3), for “, (3) and (4)” there were substituted “ and (3) ”, and

(b)after that subsection there were inserted—

“(3A)The regulations may make provision for the payment of remuneration to members of a magistrates’ courts committee co-opted or appointed under section 28(2) above.”

(4)Section 30 shall have effect as if the words “Subject to subsection (2) below,” in subsection (1) and subsection (2) were omitted.

(5)Section 38(6) shall have effect as if—

(a)for the words “chief metropolitan stipendiary magistrate” there were substituted “ Senior District Judge (Chief Magistrate) (if he is a member) ”, and

(b)for “28(3) and (4)” there were substituted “ 28(3) ”.

(6)This paragraph has effect subject to paragraph 31.

31(1)If section 78 of this Act has not come into force at the end of the period of two months beginning with the day on which this Act is passed, paragraph 30 shall apply as follows until that section comes into force.U.K.

(2)The subsection (3) treated as substituted by sub-paragraph (2)(c) of that paragraph shall have effect as if—

(a)for “Senior District Judge (Chief Magistrate)” there were substituted “ chief metropolitan stipendiary magistrate ”, and

(b)for “District Judges (Magistrates’ Courts)” (in both places) there were substituted “ metropolitan stipendiary magistrates ”.

(3)Sub-paragraph (5) of that paragraph shall have effect as if paragraph (a) read—

“(a)after the words “chief metropolitan stipendiary magistrate” there were inserted “(if he is a member)”, and”.

The Greater London Magistrates’ Courts AuthorityE+W

32(1)The Lord Chancellor may by order made by statutory instrument make provision in connection with the establishing of the Greater London Magistrates’ Courts Authority, including—E+W

(a)provision for the Authority to incur liabilities and to exercise any function before the time when it becomes the magistrates’ courts committee for Greater London, and

(b)provision for the abolition of the magistrates’ courts committees for areas in Greater London immediately before that time.

(2)For the purposes of sections 39A and 39B of the M61Justices of the Peace Act 1997 (inserted by section 86 of this Act) the Authority shall be treated as a magistrates’ courts committee until it actually becomes the magistrates’ courts committee for Greater London.

Marginal Citations

Schemes for transfer of property etc. to GLMCAU.K.

33(1)The Lord Chancellor may make one or more schemes for the transfer to the Greater London Magistrates’ Courts Authority of such of the property, rights and liabilities of—U.K.

(a)a magistrates’ courts committee,

(b)the Receiver for the Metropolitan Police District,

(c)the council of an outer London borough, or

(d)the Common Council of the City of London,

as appear to him to be appropriate to be transferred for the performance of the Authority’s functions.

(2)In this paragraph references to the “transferor”, in relation to a scheme, are to the person mentioned in sub-paragraph (1) from whom property is transferred under the scheme.

(3)A scheme under this paragraph may—

(a)provide for transfers under the scheme to be on such terms (including terms requiring payment to the transferor) as the Lord Chancellor thinks fit,

(b)apportion or create rights and liabilities in relation to any property transferred, and

(c)make any appropriate, consequential, incidental or supplementary provisions.

(4)On the day appointed by a scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this sub-paragraph, and in spite of any provision (of whatever nature) which would otherwise prevent or restrict the transfer, be transferred in accordance with the scheme.

(5)Anything done (or having effect as if done) by or in relation to the transferor before the time when a scheme comes into effect for the purposes of, or in connection with, anything transferred under the scheme shall, so far as is required for continuing its effect after that time, have effect as if done by or in relation to the Authority.

(6)Any reference to the transferor in any document, including any enactment, constituting or relating to anything transferred under a scheme shall, so far as is required for giving effect to the scheme, be construed as a reference to the Authority.

(7)Where rights and liabilities under a contract of employment are transferred under a scheme under this paragraph—

(a)for the purposes of Part XI of the M62Employment Rights Act 1996 (redundancy payments etc.), the employee shall not be regarded as having been dismissed by virtue of the transfer, and

(b)for the purposes of that Act, the employee’s period of employment with the transferor shall count as a period of employment with the Authority, and the change of employment shall not break the continuity of the period of employment.

Marginal Citations

Stamp duty on transfer schemesU.K.

34(1)Stamp duty shall not be chargeable—U.K.

(a)on any scheme under paragraph 33, or

(b)on any instrument or agreement which is certified to the Commissioners of Inland Revenue by the Lord Chancellor as made in pursuance of such a scheme.

(2)No such scheme, and no instrument or agreement which is certified as mentioned in sub-paragraph (1)(b), shall be taken to be duly stamped unless—

(a)it has, in accordance with section 12 of the M63Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped, or

(b)it is stamped with the duty to which it would be liable, apart from this paragraph.

(3)Section 12 of the M64Finance Act 1895 shall not operate to require—

(a)the delivery to the Inland Revenue of a copy of this Act, or

(b)the payment of stamp duty under that section on any copy of this Act,

and shall not apply in relation to any instrument on which, by virtue of sub-paragraph (1), stamp duty is not chargeable.

Marginal Citations

[F260Transfer schemes: stamp duty land taxU.K.

Textual Amendments

34A(1)For the purposes of stamp duty land tax, a land transaction effected by or in pursuance of a scheme under paragraph 33 is exempt from charge.U.K.

(2)Relief under this paragraph must be claimed in a land transaction return or an amendment of such a return.

(3)In this paragraph—

  • “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

  • “land transaction return” has the meaning given by section 76(1) of that Act.]

Continuing provision of court-houses, accommodation etcE+W

35(1)The Lord Chancellor may by regulations provide that any petty sessional court-house or other accommodation specified in the regulations which immediately before the time when paragraph 33 comes into force was provided by—E+W

(a)the council of an outer London borough, or

(b)the Common Council of the City of London,

pursuant to section 55 of the M65Justices of the Peace Act 1997 (and is not transferred under a scheme under paragraph 33) shall after that time be provided by that council to the Greater London Magistrates’ Courts Authority for the performance of the functions referred to in section 59A(1) of that Act.

(2)Regulations under sub-paragraph (1) may—

(a)prescribe terms and conditions, including conditions as to payment, on which any court-house or other accommodation is to be provided, and

(b)prohibit a council providing a court-house or other accommodation under sub-paragraph (1) from altering or extending it without the consent of the Lord Chancellor.

(3)Any duty imposed on a council by regulations under sub-paragraph (1) may at any time be—

(a)varied or restricted by agreement between the council and the Lord Chancellor, or

(b)terminated by the Lord Chancellor after consulting the council.

(4)Regulations under sub-paragraph (1) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

Pensions of inner London court staffU.K.

36(1)The Lord Chancellor may by order made by statutory instrument make provision about the provision of pensions for or in respect of persons who are or have been members of the inner London court staff.U.K.

(2)An order under this paragraph may include provision for, or in connection with—

(a)enabling persons to participate, or continue to participate, in any pension scheme and requiring their employers to make contributions under that scheme, and

(b)the administration or management of pension schemes or pension funds.

(3)Provision of the kind specified in sub-paragraph (2)(a) may—

(a)with the consent of the Minister for the Civil Service, include provision for section 1 of the M66Superannuation Act 1972 (pensions of civil servants etc.) to apply to persons who are or have been members of the inner London court staff, or

(b)include provision for persons who have been members of the inner London court staff but who are employees of the Greater London Magistrates’ Courts Authority by virtue of a scheme under paragraph 33 to be regarded as continuing to be members of the metropolitan civil staffs for the purposes of section 15 of the M67Superannuation (Miscellaneous Provisions) Act 1967 (pensions of metropolitan civil staffs).

(4)An order under this paragraph containing provision of the kind specified in sub-paragraph (3)(a) may also contain provision for such body or person as may be specified in the order to pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to such provision (so far as referable to that body or person) in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

(5)Where an order is made under this paragraph containing provision of the kind specified in sub-paragraph (3)(a), the Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit—

(a)delegate to any person the function of administering a scheme made under section 1 of the Superannuation Act 1972, so far as relating to persons who are or have been members of the inner London court staff, or

(b)authorise the exercise of that function (so far as so relating) by, or by employees of, any person.

(6)A person to whom the function of administering a scheme made under section 1 of the Superannuation Act 1972 is delegated under sub-paragraph (5)(a) may, to such extent and subject to such conditions as he may determine, authorise the exercise of that function by, or by employees of, any person.

(7)Where a person is authorised under sub-paragraph (5)(b) or (6) to exercise the function of administering a scheme made under section 1 of the Superannuation Act 1972, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.

(8)Sub-paragraph (7) does not apply for the purposes of—

(a)any criminal proceedings against the authorised person (or any employee of his), or

(b)any contract between him and the person who authorised him, so far as relating to the function.

(9)An order under this paragraph may provide that any enactment repealed by this Act shall continue to have effect for any purpose specified in the order with such modifications as may be so specified.

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

(11)In this paragraph the “inner London court staff” means—

(a)the justices’ chief executive employed by the magistrates’ courts committee for the area consisting of the inner London boroughs,

(b)any justices’ clerk for that area, and

(c)staff of the magistrates’ courts committee for that area.

Marginal Citations

Justices’ chief executivesU.K.

37(1)If section 90 of this Act comes into force before the repeal by this Act of Schedule 3 to the M68Legal Aid Act 1988, that Schedule shall have effect until that repeal comes into force subject to the modifications specified in sub-paragraphs (2) and (3).U.K.

(2)Paragraphs 3(1) and (2) and 4(1) shall have effect as if for “clerk of” there were substituted “ justices’ chief executive for ”.

(3)Paragraph 4(2) shall have effect—

(a)as if for “clerk of” there were substituted “ justices’ chief executive for ”, and

(b)as if the words from “and section” to the end were omitted.

Marginal Citations

Section 106.

SCHEDULE 15U.K.Repeals and revocations

Part IU.K. Legal Services Commission

Commencement Information

I2Sch. 15 Pt. I wholly in force; Sch. 15 Pt. I not in force at Royal Assent see s. 108; Sch. 15 Pt. I in force for specified purposes (1.4.2000) by S.I. 2000/774, art. 2(c)(i), Sch.; Sch. 15 Pt. I in force insofar as not already in force at 2.4.2001 by S.I. 2001/916, art. 3(b)

ReferenceShort title or titleExtent of repeal or revocation
1967 c. 13.The Parliamentary Commissioner Act 1967.In Schedule 2, the entry relating to the Legal Aid Board.
1971 c. 32.The Attachment of Earnings Act 1971.In section 25(1), the definition of “legal aid contribution order”.
1973 c. 62.The Powers of Criminal Courts Act 1973.In section 21(2), the words from “, and in subsection” to the end.
1974 c. 47.The Solicitors Act 1974.In section 47, in subsection (2C), the words “excluding any person from legal aid work”, in subsection (2D), the words “from such work” and subsection (6).
1975 c. 24.The House of Commons Disqualification Act 1975.In Schedule 1, in Part III, the entries relating to the chairman of the Legal Aid Board and a member of the Legal Aid Board.
1975 c. 25.The Northern Ireland Assembly Disqualification Act 1975.In Schedule 1, in Part III, the entries relating to the chairman of the Legal Aid Board and a member of the Legal Aid Board.
1982 c. 48.The Criminal Justice Act 1982.In section 3(2), the words from “, and in subsection” to the end.
1985 c. 61.The Administration of Justice Act 1985.

Section 41(3).

In section 42, in subsection (3), the words “from such work” and subsection (4)(b) and the preceding “and”.

Section 43(4).

Section 44(4).

1988 c. 34.The Legal Aid Act 1988.

Sections 1 to 32.

Sections 34 to 43.

Section 45.

Section 46.

Schedules 1 to 3.

In Schedule 5, paragraphs 2, 3, 4, 5, 6(a), 7(a), 8, 9, 10, 12, 16, 18, 19(b) and the preceding “and”, 20, 21 and 22.

Schedules 6 to 8.

1989 c. 41.The Children Act 1989.

Section 99.

In Schedule 12, paragraph 45.

In Schedule 14, paragraph 40.

S.I. 1989/549.The Civil Legal Aid (Matrimonial Proceedings) Regulations 1989.The whole instrument.
1990 c. 41.The Courts and Legal Services Act 1990.

Section 59.

In Schedule 17, paragraph 19.

In Schedule 18, paragraphs 59 to 63.

1991 c. 53.The Criminal Justice Act 1991.

In Schedule 6, paragraph 9.

In Schedule 11, paragraph 40(2)(q).

S.I. 1991/1924.The Legal Aid Act 1988 (Children Act 1989) Order 1991.The whole instrument.
S.I. 1991/1997.The Companies Act 1989 (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations 1991.In the Schedule, paragraph 69.
S.I. 1991/2036.The Civil Legal Aid (General) (Amendment) (No.2) Regulations 1991.Regulation 3.
1992 c. 6.The Social Security (Consequential Provisions) Act 1992.In Schedule 2, paragraph 97.
1992 c. 53.The Tribunals and Inquiries Act 1992.In Schedule 3, paragraph 21.
1993 c. 19.The Trade Union Reform and Employment Rights Act 1993.In Schedule 8, paragraph 39.
S.I. 1993/1354.The Civil Legal Aid (Scope) Regulations 1993.The whole instrument.
S.I. 1994/2768.The Legal Aid (Scope) Regulations 1994.Regulation 2.
1995 c. 35.The Criminal Appeal Act 1995.In Schedule 2, paragraph 17.
1996 c. 18.The Employment Rights Act 1996.In Schedule 1, paragraph 36.
1996 c. 25.The Criminal Procedure and Investigations Act 1996.Section 46(2).
1996 c. 27.The Family Law Act 1996.

Section 23(9).

Part III.

In Schedule 8, in Part I, paragraph 39 and Part II.

1997 c. 25.The Justices of the Peace Act 1997.In Schedule 5, paragraph 24.
1998 c. 37.The Crime and Disorder Act 1998.

Section 49(1)(j).

Section 50(5).

In Schedule 8, paragraph 67.

1999 c. 23.The Youth Justice and Criminal Evidence Act 1999.Section 40(2).

Part IIU.K. Provision of legal services

Commencement Information

I3Sch. 15 Pt. II wholly in force at 31.7.2000; Sch. 15 Pt. II not in force at Royal Assent see s. 108(1); Sch. 15 Pt. II in force for certain purposes at 27.9.1999 and for certain further purposes at 1.11.1999 by S.I. 1999/2657, arts. 2(d)(ii)(a), 3(b), Sch. 2 Pt. II; Sch. 15 Pt. II in force for certain further purposes at 1.1.2000 by S.I. 1999/3344, art. 2(d), Sch. 1 (with art. 4); Sch. 15 Pt. II in force at 31.7.2000 insofar as not already in force by S.I. 2000/1920, art. 2(c)

ChapterShort titleExtent of repeal
41 Geo. 3 c. 79.The Public Notaries Act 1801.Section 13.
6 & 7 Vict. c. 90.The Public Notaries Act 1843.Section 6.
1974 c. 47.The Solicitors Act 1974.

In section 32(4), the words “to the Director of Public Prosecutions” and the words “, if the Director thinks fit,”.

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

1975 c. 24.The House of Commons Disqualification Act 1975.In Schedule 1, in Part II, the entry relating to the Lord Chancellor’s Advisory Committee on Legal Education and Conduct.
1975 c. 25.The Northern Ireland Assembly Disqualification Act 1975.In Schedule 1, in Part II, the entry relating to the Lord Chancellor’s Advisory Committee on Legal Education and Conduct.
1 981 c. 54.The Supreme Court Act 1981.Section 83.
1985 c. 23.The Prosecution of Offences Act 1985.Section 4(1) to (3E).
1985 c. 61.The Administration of Justice Act 1985.

Section 9(2)(g).

Section 65.

In Schedule 2, in paragraph 3, the words “to the Director of Public Prosecutions” and the words “, if the Director thinks fit,” and, in paragraph 11(2), the words from the beginning to “those provisions,”.

1987 c. 38.The Criminal Justice Act 1987.Section 1(9) to (11).
1990 c. 41.The Courts and Legal Services Act 1990.

Sections 19 and 20 (and the heading preceding section 19).

Section 24(3).

Section 27, in subsection (2)(a)(ii), the words “the granting of” and subsections (3) and (6).

In section 28, in subsection (2)(a)(ii), the words “the granting of”, subsection (3) and, in subsection (5), in the definition of “authorised body”, the word “and” at the end of paragraph (a).

Section 57(11).

Section 67.

Section 71(7) and (8).

In section 113, in subsection (1), in the definition of “general notary”, paragraph (b) and the preceding “or” and, in subsection (10), paragraph (d) and the preceding “and”.

Section 123(1)(f) and (2)(e).

Schedules 1 and 2.

In Schedule 3—

in paragraph 3, in sub-paragraph (1) the words “with the approval of the Treasury” and, in sub-paragraph (2), the words “, with the consent of the Treasury,”,

in paragraph 4(2), the words “given with the consent of the Treasury”, and

in paragraph 9(3), the words “with the approval of the Treasury”.

In Schedule 18, paragraph 51.

In Schedule 19, paragraphs 2 and 3.

1996 c. 27.The Family Law Act 1996.In Schedule 8, paragraph 61.

Part IIIU.K. Appeals, courts, judges and court proceedings

ChapterShort titleExtent of repeal
23 Geo.5 c. 12.The Children and Young Persons Act 1933.In section 36, the proviso.
8 & 9 Eliz.2 c. 65.The Administration of Justice Act 1960.

In section 13(2)(a), the words “a Divisional Court of”.

Section 14(1).

Section 15(2).

In the Second Schedule, in Part I, paragraph 2.

1981 c. 54.The Supreme Court Act 1981.

Section 18(1A) and (1B).

Section 54(6), (7) and (10).

In Schedule 2, in Part II of the list, the entry 10 relating to the Registrar of Civil Appeals.

1984 c. 28.The County Courts Act 1984.In section 77, subsections (2) to (4) and, in subsection (8), the definition of “the relevant county court limit” and the preceding “and”.
1985 c. 61.The Administration of Justice Act 1985.In section 53, subsection (3) and, in subsection (6), the words “(except subsection (3))”.
1986 c. 45.The Insolvency Act 1986.In section 375(2), the words “, with the leave of the judge or of the Court of Appeal,”.
1990 c. 41.The Courts and Legal Services Act 1990.

Section 7(3) and (4).

Section 42(3).

1993 c. 50.The Statute Law (Repeals) Act 1993.In Schedule 2, paragraph 9.
1996 c. 25.The Criminal Procedure and Investigations Act 1996.Section 13(1)(cc).
1997 c. 12.The Civil Procedure Act 1997.In Schedule 2, paragraph 1(2).
1998 c. 37.The Crime and Disorder Act 1998.

In Schedule 3, in paragraph 1(1), the words “on or before the relevant date”.

In Schedule 8, paragraph 127(a).

Part IVU.K. Enforcement of community orders

ChapterShort titleExtent of repeal
1991 c. 53.The Criminal Justice Act 1991.

In Schedule 2, paragraph 7(6) and, in paragraph 8A—

in sub-paragraph (3), the words “and the probation order was made by a magistrates’ court”,

sub-paragraphs (4) and (5), and

in sub-paragraph (6), in the words treated as substituted in section 1A(1) of the Powers of Criminal Courts Act 1973, the words “or (5)”.

1998 c. 37.The Crime and Disorder Act 1998.In Schedule 4, paragraphs 3 and 7(1).

Part VU.K. Magistrates and magistrates’ courts

Commencement Information

I4Sch. 15 Pt. V partly in force; Sch. 15 Pt. V not in force at Royal Assent see s. 108(1); Sch. 15 Pt. V(1)(5) in force for certain purposes at 27.9.1999 see s. 108(3)(f)(4); Sch. 15 Pt. V(7) in force for certain purposes at 27.9.1999 by S.I. 1999/2657, art. 2(d)(ii)(c); Sch. 15 Pt. V(4) in force for certain purposes at 12.11.1999 by S.I. 1999/2657, art. 4; Sch. 15 Pt. V(6) in force for certain purposes at 1.3.2000 by S.I. 1999/3344, art. 3(b) (with art. 4); Sch. 15 Pt. V(3) in force at 31.8.2000 by S.I. 2000/1920, art. 3(c); Sch. 15 Pt. V(8) in force for certain purposes at 8.1.2001 by S.I. 2000/3280, art. 2(c); Sch. 15 Pt. V(8) in force insofar as not already in force at 19.2.2001 by S.I. 2001/168, art. 2(b); Sch. 15 Pt. V(6)(7) in force insofar as not already in force at 1.4.2001 by S.I. 2001/916, art. 2(c)(i)(ii)

(1)

Areas

ReferenceShort title or titleExtent of repeal or revocation
6 & 7 Vict. c. 86.The London Hackney Carriages Act 1843.In section 24, the words from “, or, if he shall dwell” to “the said city,”, the words “or justice” and the words “, or to some justice as aforesaid,”.
16 & 17 Vict. c. 33.The London Hackney Carriage Act 1853.In section 18, the words from “or if the offence,”, in the second place, to the end.
31 & 32 Vict. c. 72.The Promissory Oaths Act 1868.In the Second Part of the Schedule, the words “for counties and boroughs”.
50 & 51 Vict. c. 55.The Sheriffs Act 1887.In section 38, the words from “(within” to “1997)”.
60 & 61 Vict. c. 26.The Metropolitan Police Courts Act 1897.Section 7(1).
10 & 11 Geo.5 c. 33.The Maintenance Orders (Facilities for Enforcement) Act 1920.In section 3(4), the words from “(within” to “1997)”.
23 Geo.5 c. 12.The Children and Young Persons Act 1933.

Section 48(5).

In the Second Schedule, in Part I, paragraph 8A.

2 & 3 Geo.6 c. xcvii.The London Building Acts (Amendment) Act 1939.In section 151(1)(bb), the word “the” immediately preceding “magistrates’ courts”, the words from “in the inner” to “London)” and the words “in that area”.
11 & 12 Geo.6 c. 29.The National Assistance Act 1948.In section 43(4), the words from “(within” to “1997)”.
12, 13 & 14 Geo.6 c. 76.The Marriage Act 1949.In section 3(5), the words from “(within” to “1997)”.
14 & 15 Geo.6 c. 65.The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.In Part II of Schedule 2, paragraph 5(b) and, in paragraph 6(b), in the third column, the words from “and where” to the end.
7 & 8 Eliz.2 c. 7.The Manœuvres Act 1958.In section 9, the definition of “petty sessions area”.
1964 c. 26.The Licensing Act 1964.In section 2, in subsection (1), the words from “, within” to the end and subsection (2A).
1964 c. 42.The Administration of Justice Act 1964.

In section 12(1), the words from the beginning to “reference to the inner London area,”.

In section 38(1), the definition beginning “London commission areas”.

In Schedule 3, paragraph 29.

1969 c. 54.The Children and Young Persons Act 1969.In section 70(1), in the definition of “petty sessions area”, the words “has the same meaning as in the Magistrates’ Courts Act 1980, except that” and the word “it”.
1973 c. 18.The Matrimonial Causes Act 1973.In section 35(3), the words from “(within” to “1997)”.
1974 c. 47.The Solicitors Act 1974.Section 38(4).
1978 c. 22.The Domestic Proceedings and Magistrates’ Courts Act 1978.In section 88(1), the definitions of “commission area” and “petty sessions area”.
1980 c. 43.The Magistrates’ Court Act 1980.

In section 52, the second sentence.

In section 67, in subsection (4), the second sentence and subsection (8).

In section 150(1), the definitions of “commission area”, “London commission area” and “petty sessions area”.

In Schedule 7, paragraphs 27 and 85.

1980 c. 66.The Highways Act 1980.In section 329(1), the definition of “petty sessions area”.
1984 c. 37.The Child Abduction Act 1984.In the Schedule, in paragraph 5(b), the words from “(within” to “1997)”.
S.I. 1985/1383.The Local Government (Magistrates’ Courts etc.) Order 1985.In the Schedule, paragraphs 1 and 2.
1988 c. 52.The Road Traffic Act 1988.In section 192(1), the definition of “petty sessions area”.
1988 c. 53.The Road Traffic Offenders Act 1988.

In section 34C(2), the definition of “petty sessions area”.

In section 89(1), the definition of “petty sessions area”, apart from the word “and” at the end.

1989 c. 41.The Children Act 1989.

In Schedule 1, in paragraph 10(6), the words from “(within” to “1997)”.

In Schedule 11, in paragraph 8(d), the words “and (8)”.

1990 c. 18.The Computer Misuse Act 1990.Section 11(6).
1992 c. 19.The Local Government Act 1992.In section 19(2)(d)(i), the words from “(within” to “1997)”.
1993 c. 47.The Probation Service Act 1993.In Schedule 1, paragraph 6(4).
1994 c. 19.The Local Government (Wales) Act 1994.In section 55(2)(a), the words from “(within” to “1997)”.
1994 c. 29.The Police and Magistrates’ Courts Act 1994.In Schedule 8, paragraph 35.
S.I. 1996/674.The Local Government Changes for England (Magistrates’ Courts) Regulations 1996.In the Schedule, paragraphs 2(1), (3) and (7) and 5.
S.I. 1996/675.The Magistrates’ Courts (Wales) (Consequences of Local Government Changes) Order 1996.In Part II of the Schedule, paragraph 7.
1997 c. 25.The Justices of the Peace Act 1997.

Section 5(2)(b) and the preceding “and”.

In section 7(3), the words from “(whether” to “acting Chief Magistrate)”.

Section 21 (and the preceding heading).

Section 23.

In section 25, in subsection (1), the words “, other than the City of London,” and subsection (3).

In section 34(1)(a)(ii) and (3)(c), the words “any existing petty sessional division in”.

Sections 35 and 36.

Section 68(2).

In section 70, in subsection (1), the words from the beginning to “above,”, the words “or to county justices” and the words “or justices for the City” and, in subsection (2), the words “or to justices or magistrates for a county or non-metropolitan county” and the words “or to justices or magistrates for the City”.

Section 71.

In section 72, in subsection (1), the definition of “commission area”, the definition of “London commission areas”, “inner London area” and “outer London areas” and the definitions of “petty sessions areas”, “preserved county” and “retained county”, and subsection (2).

Schedules 1 and 2.

In Schedule 4, paragraph 6.

In Schedule 5, paragraphs 1 to 8, 14, 16(b) and the preceding “and”, 18, 19(3)(a) and (b) and (5), 20, 27, 28, 30, 31, 34 and 35.

(2)

Constitution of youth courts

ChapterShort titleExtent of repeal
23 Geo.5 c. 12.The Children and Young Persons Act 1933.In the Second Schedule, in Part I, the headings “Outside Metropolitan Area” and “Youth court panels”, paragraph 1 and, in paragraph 10(a), the words “(except where the committee’s area is a borough)” and Part II.
1964 c. 42.The Administration of Justice Act 1964.Section 12.
1969 c. 54.The Children and Young Persons Act 1969.In section 70(1), the definition of “petty sessions area”.
1980 c. 43.The Magistrates’ Courts Act 1980.In section 146, in subsection (4), the words from “with respect to the making” to the end and subsection (5).
1985 c. 61.The Administration of Justice Act 1985.Section 61.
1991 c. 53.The Criminal Justice Act 1991.In Schedule 11, paragraph 40(2)(f) and (p).
1998 c. 37.The Crime and Disorder Act 1998.Section 48.
1999 c. 22.The Access to Justice Act 1999.In Schedule 10, paragraphs 16(2) and (4) and 35.

(3)

Unification and renaming of stipendiary bench

ChapterShort titleExtent of repeal
3 & 4 Vict. c. 84.The Metropolitan Courts Act 1840.Section 6.
16 & 17 Vict. c. 33.The London Hackney Carriage Act 1853.In section 18, the words from “or if the offence,”, in the second place, to “for the county;”.
33 & 34 Vict. c. 78.The Tramways Act 1870.In section 3, the words from “The term “two justices”” to the end.
34 & 35 Vict. c. 78.The Regulation of Railways Act 1871.In section 2, the words “metropolitan police magistrate,”.
35 & 36 Vict. c. 50.The Railway Rolling Stock Protection Act 1872.In section 2, the words “metropolitan police magistrate,”.
46 & 47 Vict. c. 3.The Explosive Substances Act 1883.In section 6(1), the words “police court, or”.
57 & 58 Vict. c. 2.The Behring Sea Award Act 1894.Section 519 of the Merchant Shipping Act 1854 set out in the Second Schedule.
8 Edw.7 c. 53.The Law of Distress Amendment Act 1908.In section 4, in the proviso, the words from “a stipendiary magistrate” to “magistrate for”.
1964 c. 42.The Administration of Justice Act 1964.

In section 38(1), the definition of “stipendiary magistrates”.

In Schedule 3, in Part I, paragraphs 2 to 4.

1980 c. 43.The Magistrates’ Courts Act 1980.

Section 67(7).

Section 137(6).

1985 c. 23.The Prosecution of Offences Act 1985.In section 21(6)(a), the words “for any area”.
1989 c. 33.The Extradition Act 1989.

Section 8(1)(b)(i) and (2).

In section 9(1), the words from “consisting” to the end.

In section 35(1), the definitions of “designated metropolitan magistrate” and “metropolitan magistrate”.

In Schedule 1, in paragraph 5(1)(b), the words “a metropolitan magistrate or” and paragraph 13(2).

1989 c. 41.The Children Act 1989.In Schedule 11, in paragraph 8, in sub-paragraph (c), the words “66(1) and (2),” and, in sub-paragraph (d), the words “66(2),” and “and (7)”.
1994 c. 19.The Local Government (Wales) Act 1994.In section 55(2)(a), the words “stipendiary magistrate,”.
1997 c. 25.The Justices of the Peace Act 1997.

Section 22(5).

In section 24(1), the words “(other than metropolitan stipendiary magistrates)”.

In section 55(8), the words “Subject to section 14(1) above,”.

In section 72(1), the definition of “stipendiary magistrate”.

In Schedule 4, in Part II, paragraphs 9 and 12.

In Schedule 5, paragraphs 13(3) and 17.

1997 c. 50.The Police Act 1997.

In section 6(5), the words “appointed for an area”.

In section 52(5), the words “appointed for an area”.

(4)

Justices not to sit on committal for sentence

ChapterShort titleExtent of repeal
1981 c. 54.The Supreme Court Act 1981.In section 74, in subsection (1), paragraph (b) and the preceding “or” and, in subsection (7), paragraph (b) and, in paragraph (c), the words “or on committal to the Crown Court for sentence”.

(5)

Magistrates’ courts committees

ChapterShort titleExtent of repeal
1972 c. 70.The Local Government Act 1972.In Schedule 12A, in Part I, in paragraph 2(a), the words “, within the meaning of the Justices of the Peace Act 1997”.
1997 c. 25.The Justices of the Peace Act 1997.

Section 32.

Section 38(6).

Section 49.

In section 72(1), the definition of “magistrates’ courts committee areas”.

In Schedule 5, paragraph 11.

(6)

Greater London Magistrates’ Courts Authority

ChapterShort titleExtent of repeal
60 & 61 Vict. c. 26.The Metropolitan Police Courts Act 1897.Sections 3 and 4.
2 & 3 Geo.6 c. xcvii.The London Building Acts (Amendment) Act 1939.In section 151(1)(bb), the words “magistrates’ courts”.
1965 c. 63.The Public Works Loans Act 1965.In section 2(1)(a), the word “and” at the end of sub-paragraph (iii).
1967 c. 28.The Superannuation (Miscellaneous Provisions) Act 1967.Section 15(1)(a)(ii) and (9).
1968 c. 13.The National Loans Act 1968.In Schedule 4, in paragraph 1(a), the word “and” at the end of sub-paragraph (iii).
1971 c. 56.The Pensions (Increase) Act 1971.In Schedule 6, paragraph (d).
1991 c. 53.The Criminal Justice Act 1991.Section 76(5).
1994 c. 29.The Police and Magistrates’ Courts Act 1994.In Schedule 8, paragraphs 24, 25 and 33(5).
1997 c. 25.The Justices of the Peace Act 1997.

In section 10(8), the words “the City of London, a London borough,” and the words from “and for” to the end.

In section 54(9), the definition of “local funds”.

In section 55, subsection (8) and, in subsection (10), in the definition of “responsible authority”, paragraph (d) and the words from “or the” to the end.

Section 56(4).

In section 72(1), the definition of “inner London area”.

Schedule 3.

In Schedule 4, paragraphs 7, 8, 10 and 11.

1999 c. 22.The Access to Justice Act 1999.

In Schedule 10, paragraphs 39, 40(2)(a), 51, 52(2) and 53.

In Schedule 11, paragraph 10.

In Schedule 14, paragraph 28(2).

(7)

Justices’ chief executives

ChapterShort titleExtent of repeal
10 & 11 Geo.5 c. 33.The Maintenance Orders (Facilities for Enforcement) Act 1920.In section 4(6A)(b), the words from “and as if” to the end.
14 Geo.6 c. 37.The Maintenance Orders Act 1950.

In section 22(1E)(a), the words from “and as if” to the end.

In section 28(1), in the definition of “collecting officer”, the words from “in”, in the first place, to “and”.

6 & 7 Eliz.2 c. 39.The Maintenance Orders Act 1958.

In section 4(5B)(a), the words from “and as if” to the end.

In section 21(1), the definition of “proper officer”.

1964 c. 26.The Licensing Act 1964.

In section 22(4), the words from ““as in” to “magistrates’ court”.

Section 30(2).

1968 c. 65.The Gaming Act 1968.In Schedule 2, in paragraph 2(2), the definition of “the clerk to the licensing authority”.
1971 c. 32.The Attachment of Earnings Act 1971.In section 25(1), the words from “and, in relation to” to the end.
1972 c. 18.The Maintenance Orders (Reciprocal Enforcement) Act 1972.In section 9(1ZA)(b), the words from “and as if” to the end.
1986 c. 64.The Public Order Act 1986.Section 34(3).
1988 c. 33.The Criminal Justice Act 1988.

Section 41(13).

Section 81(10).

1988 c. 53.The Road Traffic Offenders Act 1988.

In section 34C(2), the words from “and any reference” to the end.

Section 71(4) and (5).

In section 89(1), the definition of “justices’ clerk”.

1989 c. 4.The Prevention of Terrorism (Temporary Provisions) Act 1989.In Schedule 4, in paragraph 1(5), the words from “and in this sub-paragraph” to the end.
1994 c. 37.The Drug Trafficking Act 1994.Section 30(9).
1997 c. 25.The Justices of the Peace Act 1997.

Section 31(2).

Section 40(5).

Section 46.

In section 60, in subsection (1), paragraph (b)(ii) and the preceding “and” and subsection (4).

In Schedule 4, in Part II, paragraphs 15 and 18.

In Schedule 5, in paragraph 23, paragraph (b) and the preceding “and” and, in paragraph 36, paragraph (b) and the preceding “and”.

1998 c. 37.The Crime and Disorder Act 1998.In Schedule 3, paragraph 6(11).

(8)

Warrants

ReferenceShort title or titleExtent of repeal or revocation
6 & 7 Eliz.2 c. 39.The Maintenance Orders Act 1958.

In section 2(4), paragraph (b), apart from the word “and” at the end.

In section 5(4), paragraph (b), apart from the word “and” at the end.

1980 c. 43.The Magistrates’ Courts Act 1980.

Section 83(4).

In section 125, in subsection (2), the second paragraph and subsections (3) and (4).

1984 c. 60.The Police and Criminal Evidence Act 1984.Section 33.
1988 c. 33.The Criminal Justice Act 1988.Section 65.
1990 c. 41.The Courts and Legal Services Act 1990.In Schedule 17, paragraph 11.
1996 c. 14.The Reserve Forces Act 1996.In Schedule 10, paragraph 18.
S.I.1997/1898.The Family Law Act 1996 (Modification of Enactments) Order 1997.Article 3.
1998 c. 37.The Crime and Disorder Act 1998.In Schedule 8, paragraph 44.
1999 c. 23.The Youth Justice and Criminal Evidence Act 1999.In Schedule 4, paragraph 8.

Part VIU.K. Immunity and indemnity

ChapterShort titleExtent of repeal
1997 c. 25.The Justices of the Peace Act 1997.In section 54(1)(a)(i), the words “against him”.

Yn ôl i’r brig

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Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

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Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

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Nodiadau Esboniadol

Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.

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Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
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Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill

The data on this page is available in the alternative data formats listed: