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- Gwreiddiol (a wnaed Fel)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
Article 2
1. In rule 1, for “justices' chief executive for the petty sessions area” substitute “designated officer for the local justice area”.
2. In rules 2A and 3, for “justices' chief executive” substitute “designated officer for a local justice area”.
3. In rules 5A(4) (in the first place) and 6A(3) (in the first place) and in the definition of “file” in paragraph 1 of the Schedule, for “justices' chief executive” substitute “designated officer for a magistrates' court”.
4. In rules 4, 5, 5A(2) and (4) (in the second place), 6, 6A(3)(b) and 7 and paragraphs 2(1)(b) and (2), 4(1) and (4), 5(3) (in the first place) and (5)(c)(ii), 7(3) and 8(1) of the Schedule, for “justices' chief executive” substitute “designated officer for the court”.
5. In paragraph 1 of the Schedule, omit the definition of “justices' chief executive”.
6. For “justices' chief executive” in other places in these Rules substitute “designated officer”.
7. In paragraph 12(2) of the Schedule, for “magistrates' courts committee” substitute “Lord Chancellor”.
8. In these Rules, for “justices' chief executive” (in each place) substitute “designated officer”.
9. In rules 1(1) and (4), 2(1) and 5(1), for “acting for the same place” substitute “acting in the same place”.
10. In the Schedule—
(a)in Forms 1 and 2, for “Petty Sessional Division” substitute “Local Justice Area” and for “Justices' Chief Executive” (in each place) substitute “Designated Officer”; and
(b)in Form 4, for “Justices' Chief Executive” substitute “Designated Officer for the Court”.
11. In rule 1—
(a)after paragraph (1), insert the following paragraph:
“(1A) In respect of the next meeting to be held after 1st April 2005 as provided in paragraph (1) above and in every third year thereafter, that paragraph shall have effect as if the reference to “of each petty sessions area” were a reference to “for each local justice area” and a panel in being on that date shall have effect as the panel for the local justice area corresponding (in accordance with the first order made under section 8 of the Courts Act 2003) to the petty sessions area for which it was formed.”;
(b)in paragraphs (2), (3) and (5)(a) (in both places), for “petty sessions area” substitute “local justice area”;
(c)omit paragraph (4) and the words “except as provided in paragraph (4) of this Rule” in paragraph (2); and
(d)in paragraph (5)—
(i)in subparagraph (b), at the end insert “and are assigned to the first area by the Lord Chancellor”; and
(ii)omit subparagraph (d).
12. In rules 3, 6 and 9(1), for “petty sessions area” substitute “local justice area”.
13. In rule 14(1), omit the words from “and, in relation to” to the end”.
14. In these Rules, for “justices' chief executive” (in each place) substitute “designated officer”.
15. In the Schedule—
(a)for “JUSTICES' CHIEF EXECUTIVE” (in each place) substitute “DESIGNATED OFFICER”;
(b)for “Justices' Chief Executive” (in each place) and “Chief Executive” substitute “Designated Officer”; and
(c)for “Petty Sessional Division” (in each place) substitute “Local Justice Area”.
16. In regulations 1(1) and 2(1), for “petty sessions area” substitute “local justice area”.
17. In the Schedule—
(a)in Forms 1 to 6 and 9 to 12, for “Petty Sessional Division” substitute “Local Justice Area”; and
(b)in Forms 7 and 8, for “PETTY SESSIONAL DIVISION” substitute “LOCAL JUSTICE AREA”.
18. In regulation 1(a), for “petty sessions area” substitute “local justice area”.
19. In regulation 2(1), in the definition of “determining authority” for the words from “means” to the end substitute “means the Lord Chancellor”.
20. In rules 3(2) and (3), 4(1) and 5B (in the second place), for “justices' chief executive” substitute “designated officer”.
21. In rule 5B, for “justices' chief executive” (in the first place) substitute “designated officer for the magistrates' court”.
22. In Schedule 1 to these Rules for “justices' chief executive” (in each place) substitute “designated officer” and for “Justices' Chief Executive” substitute “Designated Officer”.
23. In these Regulations, for “petty sessions area” (in each place) substitute “local justice area”.
24. In these Regulations, for “petty sessions area” (in each place) substitute “local justice area”.
25. In these Regulations, for “petty sessions area” (in each place) substitute “local justice area”.
26. In these Rules (in each place)—
(a)for “justices' chief executive” substitute “designated officer”;
(b)for “acting for” substitute “acting in”; and
(c)for “petty sessions area” substitute “local justice area”.
27. In rule 9(2), for “for which the justice is acting” substitute “in which the justice is acting”.
28. In rule 16(1), for “for which the second mentioned court acted” substitute “in which the second mentioned court acted”.
29. In Form 2 in Schedule 1, for “Justices' Chief Executive” substitute “Designated Officer”.
30. In these Rules, for “justices' chief executive” (in each place) substitute “designated officer for the court” and in Form 3 in the Schedule, for “Justices Chief Executive” substitute “Designated Officer for the . . . Magistrates' Court”.
31. In article 4(2)(f), omit ‘“justices' chief executive”’ and for “chief executive to” substitute “designated officer for”.
32. In article 14, for “justices' chief executives” substitute “designated officers for licensing justices”.
33. In the definition of “the court’s register” in rule 2(1), for “a justices' chief executive, means the register kept by the justices' chief executive” substitute “the designated officer for a magistrates' court, means the register kept by the designated officer”.
34. In rules 4A(3) (in the first place), 7(2) (in the first place), 8(1), 9(1A) (in the first place) and (2), 13(1) and (3) and 14(1) and (2) (in the first place) and in the definition of “file” in paragraph 1 of Schedule A1, for “justices' chief executive” substitute “designated officer for a magistrates' court”.
35. In rules 4B(2)(b), 8(2), 9B(1) and 12 (in each place) and paragraphs 2(1)(b), 4(1) and (4), 5(3) (in the first place) and (5)(c)(ii), 7(3) and 8(1) of Schedule A1, for “justices' chief executive” substitute “designated officer for the court”.
36. In paragraph 1 of Schedule A1, omit the definition of “justices' chief executive”.
37. For “justices' chief executive” in other places in these Rules substitute “designated officer”.
38. In paragraph 12(2) of Schedule A1, for “magistrates' courts committee” substitute “Lord Chancellor”.
39. In rule 5(1), omit “for the commission area in which the applicant or any respondent resides”.
40. In the definition of “the court’s register” in rule 2(1), for “a justices' chief executive, means the register kept by the justices' chief executive” substitute “the designated officer for a magistrates' court, means the register kept by the designated officer”.
41. In rules 4A(2) (in the first place), 8(1) and 13 (in each place) and in the definition of “file” in paragraph 1 of Schedule A1, for “justices' chief executive” substitute “designated officer for a magistrates' court”.
42. In rules 9(2), 10(1A), (2) and (3) and 12 and paragraphs 2(1)(b), 4(1) and (4), 5(3) (in the first place) and (5)(c)(ii), 7(3) and 8(1) of Schedule A1, for “justices' chief executive” substitute “designated officer for the court”.
43. In paragraph 1 of Schedule A1, omit the definition of “justices' chief executive”.
44. For “justices' chief executive” in other places in these Rules substitute “designated officer”.
45. In rule 14(1), for “petty sessions area for which the court acts” substitute “local justice area in which the court acts”.
46. In paragraph 12(2) of Schedule A1, for “magistrates' courts committee” substitute “Lord Chancellor”.
47. In the Schedule (in both places), for “J.C.E.” substitute “D.O.” and for “Justices' Chief Executive” substitute “Designated Officer for the Court”.
48. In the definition of “the court’s register” in rule 2(1), for “a justices' chief executive, means the register kept by the justices' chief executive” substitute “the designated officer for a magistrates' court, means the register kept by the designated officer”.
49. In rules 3A(1) (in the first place), 5(2), 6(1) and (2), 7(1) and (2) and 10(1) and in the definition of “file” in paragraph 1 of Schedule 2, for “justices' chief executive” substitute “designated officer for a magistrates' court”.
50. In rules 3A(1)(b), 4, 5A, 7A(1), 7B(3) and 8(1) and paragraphs 5(1), 4(1) and (4), 5(3) (in the first place) and (5)(c)(ii), 7(3) and 8(1) of Schedule 2, for “justices' chief executive” and in rule 7B(3)(b) for “justices' chief Executive” substitute “designated officer for the court”.
51. In paragraph 1 of Schedule 2, omit the definition of “justices' chief executive”.
52. For “justices' chief executive” in other places in these Rules substitute “designated officer”.
53. In paragraph 12(2) of Schedule 2, for “magistrates' courts committee” substitute “Lord Chancellor”.
54. In Schedule 1, for “J.C.E.” substitute “D.O.” and for “Justices' Chief Executive” substitute “Designated Officer for the Court”.
55. In paragraph 4 of Part II of Schedule 1, for “Justices' chief executives” substitute “Designated officers for magistrates' courts, for justices of the peace or for local justice areas”.
56. In regulations 3(4), 40(1)(a)(ix) and 85(2)(b), for “petty sessions area” substitute “local justice area”.
57. In regulation 19—
(a)omit paragraph (1) of Part 1; and
(b)in paragraph (2), for “petty sessions area” (in each place) substitute “local justice area”.
58. In the heading of Schedule 1, for “Petty Sessions Areas” substitute “Local Justice Areas” and in the heading of each part of that schedule, for “Petty Sessions Area” substitute “Local Justice Area” and in that schedule—
(a)in paragraph 1 of Part I—
(i)in the definition of “transferred area”, for “petty sessions area” substitute “local justice area”; and
(ii)in the definitions of “the transferor area” and “the transferee area”, for “petty sessions area” substitute “local justice area” and for “act for such petty sessions area” substitute “act in such local justice area”; and
(b)in paragraph 6 of Part I, for “petty sessions area” substitute “local justice area”;
(c)in paragraphs 1 (in both places) and 4 of Part II, for “petty sessions area” substitute “local justice area”; and
(d)in paragraph 1 of Part III, omit subparagraphs (d) and (iv).
59. In rule 2(1), omit the definition of “magistrates' courts committee” and, in rule 2A(1)(a), “whether or not with the same magistrates' courts committee”.
60. In the definition of “the court’s register” in rule 2, for “a justices' chief executive, means the register kept by the justices' chief executive” substitute “the designated officer for a magistrates' court, means the register kept by the designated officer”.
61. In rules 4A(3) (in the first place), 5(1), 10(1) and (2) and 11 and in the definition of “file” in paragraph 1 of Schedule 1A, for “justices' chief executive” substitute “designated officer for a magistrates' court”.
62. In rules 5(3), 7(2), 8(1A) and (2), 8B(1) and paragraphs 2(1)(b), 4(1) and (4), 5(3) (in the first place) and (5)(c)(ii), 7(3) and 8(1) of Schedule 1A, for “justices' chief executive” substitute “designated officer for the court”.
63. In paragraph 1 of Schedule 1A, omit the definition of “justices' chief executive”.
64. For “justices' chief executive” in other places in these Rules substitute “designated officer”.
65. In rule 12(1), for “petty sessions area for which the court acts” substitute “local justice area in which the court acts”.
66. In paragraph 12(2) of Schedule 1A, for “magistrates' courts committee” substitute “Lord Chancellor”.
67. In Schedule 2 (in each place), for “J.C.E.” substitute “D.O.” and for “Justices' Chief Executive” substitute “Designated Officer for the Court”.
68. In rule 4A(4), for “chief executive to” substitute “designated officer for”.
69. In rule 32(1)(a), for “petty sessions area for which the court is acting” substitute “local justice area in which the court is acting”.
70. In rule 41—
(a)in paragraph (1)(a), for “appointed for the commission area” substitute “acting in the local justice area”;
(b)in paragraph (2)—
(i)for “acting for the same petty sessions area” substitute “acting in the same local justice area”; and
(ii)for “acting for the petty sessions area” substitute “acting in the local justice area”;
(c)in paragraph (3), for “acting for the same petty sessions area” substitute “acting in the same local justice area”;
(d)in paragraph (4)—
(i)for “acting for the same petty sessions area” substitute “acting in the same local justice area”;
(ii)for “petty sessions area” (in the second place) substitute “local justice area”; and
(iii)for “acting for that other petty sessions area” substitute “acting in that other local justice area”;
(e)in paragraph (5)—
(i)for “petty sessions area for which the justice is acting” substitute “local justice area in which the justice is acting”;
(ii)for “petty sessions areas” substitute “local justice areas”; and
(iii)for “petty sessions area” (in the second place) substitute “local justice area”;
(f)in paragraph (7)—
(i)for “acting for a petty sessions area other than that for which the responsible court acts” substitute “acting in a local justice area other than that in which the responsible court acts”;
(ii)for “acting for that other petty sessions area” substitute “acting in that other local justice area”; and
(iii)for “acting for the same petty sessions area” substitute “acting in the same local justice area”; and
(g)in paragraph (8), for “that chief executive” substitute “that designated officer”.
71. In rule 55, for “that chief executive” substitute “that designated officer”.
72. In rule 57A(1)—
(a)for “a justices' chief executive” substitute “the designated officer for a magistrates' court”; and
(b)for “justices' chief executive” in subparagraphs (f) and (g) substitute “designated officer for the court”.
73. In rule 58(3), for “commission area for which the justice issuing the summons acted” substitute “local justice area in which the justice issuing the summons acted”.
74. In rule 59—
(a)in paragraph (1)(a)(ii), for “petty sessions area other than that for which the court acts” substitute “local justice area other than that in which the court acts”;
(b)in paragraph (1)(a)(iii), for “acting for that petty sessions area” substitute “acting in that local justice area”; and
(c)in paragraph (2)—
(i)for “petty sessions area other than that for which the justice is acting” substitute “local justice area other than that in which the justice is acting”;
(ii)for “acting for that area” substitute “acting in that area”; and
(iii)for “acting for that other petty sessions area” substitute “acting in that other local justice area”.
75. In rules 60(2), 63(1) and 74(4), for “that chief executive” substitute “that designated officer”.
76. In rule 72A, for “justices' chief executive”—
(a)in paragraph (1), substitute “designated officer for the magistrates' court”; and
(b)in paragraphs (2) to (5), substitute “designated officer for the court”.
77. In rule 82—
(a)for “acting for any petty sessions area” substitute “acting in any local justice area”;
(b)for “acting for any other petty sessions area” substitute “acting in any other local justice area”; and
(c)for “acting for that other petty sessions area” substitute “acting in that other local justice area”.
78. In rule 84A(2)(b), for “acting for the petty sessions area” substitute “acting in the local justice area”.
79. In rule 86(1)(b), for “a justices' chief executive” substitute “the designated officer for a magistrates' court”.
80. In rule 92, for “acting for the same petty sessions area as that for which the justice acts” substitute “acting in the same local justice area as that in which the justice acts”.
81. In rule 93B—
(a)in paragraph (1)(b), for “acting for the petty sessions area” substitute “acting in the local justice area”; and
(b)in paragraph (3)(b), for “justices' chief executive” substitute “designated officer for that magistrates' court”.
82. In rule 95A, for “petty sessions area” substitute “local justice area”.
83. In rule 101(2), for “acting for the petty sessions area for which the justice is acting” substitute “acting in the local justice area in which the justice is acting”.
84. In rule 106(2)(b), for “acting for the same petty sessions area as that of the court” substitute “acting in the same local justice area as that of the court”.
85. For “justices' chief executive” in other places in these Rules substitute “designated officer”.
86. In Schedule 2—
(a)in Form 13 for “justices' chief executive” substitute “designated officer”;
(b)in Form 25, for “Chief Executive to” substitute “Designated Officer for”;
(c)in Form 92I, for “Petty sessions area” substitute “Local justice area”; and
(d)in Form 155, for “acting in and for the Petty Sessional Division” substitute “acting in the Local Justice Area”.
87. In these Rules (in each place), for “justices' chief executive” substitute “designated officer”.
88. In rules 3(2) and (3) and 4(1)(a) and (b), for “petty sessions area” substitute “local justice area”.
89. In rules 7(2)(b) and (7)(c), 8(d) and 11(2)(b), for “chief executive to” substitute “designated officer for”.
90. In Schedule 10, for “Justices' Chief Executive” substitute “Designated Officer”.
91. In these Rules, for “justices' chief executive” (in each place) substitute “designated officer for the court”.
92. In rule 15(1), for “acting for the area” substitute “acting in the area”.
93. In rule 28(1), for “acting for the same petty sessions area” substitute “acting in the same local justice area”.
94. In Form 3 in Schedule 1, for “Justices' Chief Executive” substitute “Designated Officer for the Court” and for “Chief Executive to” substitute “Designated Officer for”.
95. In rule 6, for “justices' chief executive” substitute “designated officer”.
96. In rule 8(1), (3) and (4), for “justices' chief executive” substitute “designated officer”.
97. In regulation 5(3), for “justices' chief executive” (in the first place) substitute “the designated officer for a magistrates' court” and for “justices' chief executive” (in the second place) substitute “designated officer”.
98. In regulation 8, for “justices' chief executive” substitute “designated officer”.
99. In regulations 6(2) and 8(1), for “justices' chief executive” substitute “designated officer”.
100. In Form 2.1B in Schedule 4, for “justices' chief executive” substitute “designated officer”.
101. In the definition of “the court’s register” in rule 2, for “a justices' chief executive, means the register kept by the justices' chief executive” substitute “the designated officer for a magistrates' court, means the register kept by the designated officer”.
102. In rule 4(1) and (1A), for “justices' chief executive” substitute “designated officer for a magistrates' court”.
103. In rules 4(2), 6A, 10 (in each place) and 11(2)(b) and (3)(a) and (b), (4), (5) and (6), for “justices' chief executive” substitute “designated officer for the court”.
104. For “justices' chief executive” in other places in these Rules substitute “designated officer”.
105. In these Rules for “justices' chief executive” (in each place) substitute “designated officer”.
106. In rule 2(1), omit the definition of “commission area”
107. In the Schedule—
(a)in Form 1, for “Justices' Chief Executive” substitute “Designated Officer”; and
(b)in Form 2, for “Justices' Chief Executive” (in both places) substitute “Designated Officer”.
108. In these Rules, for “justices' chief executive” (in each place) substitute “designated officer”.
109. In regulation 54(4), for “justices' chief executive” substitute “designated officer for the magistrates' court”.
110. In regulation 89(a), for “justices' chief executive” (in the first place) substitute “designated officer for the magistrates court” and for “justices' chief executive” (in the second place) substitute “designated officer”.
111. In regulation 31(1), for “justices' chief executive” (in the first place) substitute “designated officer for the magistrates' court” and for “justices' chief executive” (in the second place) substitute “designated officer”.
112. In paragraphs 2 and 4 of Schedule 5, for “justices' chief executive” substitute “designated officer for the court”.
113. In regulation 3(1), omit the definition of “justices' chief executive” and after the definition of “the Crime Franchise Panel” insert the following definition:
‘“designated officer” includes a person duly authorised by the designated officer of a magistrates' court to act on his behalf to the extent that he is so authorised’.
114. In regulations 16(1), 17(4)(b) and 18 (1)(b), (c), (d) and (f), for “justices' chief executive of” substitute “designated officer for”.
115. In regulations 12(1) (in the first place), 13 (in the first place), 15(1), 17(3) (in the first place), 19(1) (in the first place), 20 (in the first place), 40(1A) and 51(4)(b) and (c), for “justices' chief executive” substitute “designated officer for a magistrates' court”.
116. In regulations 11 (in each place), 14(1), (3), (4) and (7), 18(1) (in the last place) and (3), 19(1) (in the second and third places) and 20 (in the second place), for “justices' chief executive” substitute “designated officer for the court”.
117. For “justices' chief executive” in other places in these Regulations substitute “designated officer”.
118. In Schedule 2, for “Justices' Chief Executive” (in each place) substitute “Designated Officer for the Court”.
119. In regulation 21, omit paragraphs (1) and (1A).
120. In regulation 23(4), for “justices' chief executive” substitute “designated officer”.
121. In rule 4(1), for “justices' chief executive” substitute “designated officer for the court” and in rule 4(4), for “justices' chief executive” (in both places) substitute “designated officer”.
122. In rule 3(b), for “justices' chief executive” substitute “designated officer for the court” and in rule 4, for “justices' chief executive” substitute “designated officer”.
123. In rules 3, 7 and 9(1) and (4), for “justices' chief executive” substitute “designated officer for the court”.
124. In rule 5, for “justices' chief executive” substitute “designated officer”.
125. In rule 6(1), omit “petty-sessional”.
126. In these Rules, for “justices' chief executive” (in each place) substitute “designated officer”.
127. In rule 4.22(2A)(a), for “petty sessions area or London commission area” substitute “local justice area”.
128. In these Rules, for “justices' chief executive” (in each place except rule 1(2)) substitute “designated officer for the court”.
129. In rule 1(2)—
(a)in the definition of “file”, for “justices chief executive” substitute “designated officer for a magistrates' court”; and
(b)omit the definition of “justices' chief executive”.
130. In rule 21H(1), for “petty sessions area” substitute “local justice area”.
131. In rule 32(2), for “magistrates' courts committee” substitute “Lord Chancellor”.
132. In rule 2—
(a)in paragraph (1), omit the definition of “commission area” and before the definition of “panel” insert the following definition:
‘“local justice area” has the same meaning as in the Courts Act 2003 (c. 39);’; and
In paragraph (2), for “petty sessions area” substitute “local justice area” and for “who ordinarily acts in and for” substitute “assigned to”.
133. In rule 3, for “Greater London Commission Area” substitute “Greater London”.
134. In rule 4—
(a)after paragraph (2) insert the following paragraph:
“(2A) In respect of the next meeting to be held after 1st April 2005 as provided in paragraph (2) above and in every third year thereafter, that paragraph shall have effect as if the reference to “each petty sessions area” were a reference to “each local justice area” and a panel in being on that date shall have effect as the panel for the local justice area corresponding (in accordance with the first order made under section 8 of the Courts Act 2003) to the petty sessions area for which it was formed.”; and
(b)in paragraphs (3) and (4), for “petty sessions area” substitute “local justice area”.
135. In rule 5—
(a)in paragraph (1)—
(i)in subparagraph (a) for “of the petty sessions area” substitute “for the local justice area”; and
(ii)at the end of subparagraph (b) after the semi-colon insert “and” and for subparagraphs (c) and (d) substitute:
“(c)he has indicated that he is willing to serve as a member of the panel.”;
(b)in paragraph (3), for “petty sessions area or areas which is situated in the commission area or areas to which he is appointed” substitute “local justice area or areas in which he acts as a justice of the peace”.
136. In rule 6, for “petty sessions area” substitute “local justice area”.
137. In rule 7—
(a)omit paragraph (1);
(b)for paragraph (2) substitute the following paragraph:
“(2) A designated officer for one local justice area (“the first local justice area”) may make a request to the designated officer for another local justice area (“the second local justice area”) for the temporary transfer of one or more justices from the panel for the second local justice area to the panel for the first local justice area for the purpose of hearing family proceedings specified in the request.”;
(c)in paragraph (3), for “justices' chief executive for the second commission area” substitute “designated officer for the second local justice area”;
(d)in paragraph (4), for “justices' chief executive” substitute “designated officer”;
(e)in paragraph (5), for “petty sessions area” substitute “local justice area”; and
(f)In paragraph (6), for “a petty sessions area in a different commission area if the Lord Chancellor appoints the justice nominated for the transfer to the commission area within which the petty sessions area falls” substitute “another local justice area if the justice nominated for the transfer is assigned to that area by the Lord Chancellor”.
138. In rule 8(2) and in rule 9(1), for “justices' chief executive” substitute “designated officer for the local justice area”.
139. In rule 11—
(a)for paragraph (2) substitute the following paragraph:
“(2) The Lord Chancellor may make a direction for the formation or dissolution of a combined panel in respect of two or more local justice areas.”;
(b)after paragraph (2) insert the following paragraph:
“(2A) A combined panel in being on 1st April 2005 shall have effect as the combined panel for the local justice areas corresponding to the petty sessions areas for which it was formed.”;
(c)in paragraph (3)—
(i)for “magistrates' courts committee” substitute “Lord Chancellor”;
(ii)for “petty sessions area specified in the direction for which it acts” substitute “local justice area specified in the direction”;
(d)in paragraph (4), for “petty sessions area” substitute “local justice area”;
(e)omit paragraphs (5) and (8);
(f)in paragraph (6)(a), for “magistrates' courts committee” substitute “Lord Chancellor” and in that paragraph and in paragraphs (6)(b), (11) and (12), for “petty sessions areas” substitute “local justice areas”;
(g)for paragraph (7) substitute the following paragraph:
“(7) A direction for the formation or dissolution of a combined family panel under paragraph (2) shall have effect on 1st January in the year following the next October meeting of the justices for each of the areas concerned held in accordance with rules made under section 17 of the Courts Act 2003 for the purpose of electing a chairman of the justices.”
(h)in paragraph (9)—
(i)for “A magistrates' courts committee which has made a direction for the formation of a combined panel may” substitute “Where the Lord Chancellor has made a direction for the formation of a combined panel he may”; and
(ii)for “petty sessions area or petty sessions areas” substitute “local justice area or local justice areas”; and
(i)in paragraph (10), omit the words from “or, in the case of a direction” to the end.
140. In rule 12—
(a)in paragraph (1)—
(i)for “a magistrates' courts committee” substitute “the Lord Chancellor”;
(ii)for “petty sessions area” substitute “local justice area”;
(iii)for “petty sessions areas” substitute “local justice areas”; and
(iv)omit “rule 4(1) or, where that term has expired,”.
(b)for paragraph (2) substitute the following paragraph:
“(2) The meeting referred to in paragraph (1) shall be the meeting referred to in rule 11(7).”
(c)in paragraph (3), for “5(1)(b) to (d)” substitute “5(1)(b) to (c)”
(d)in paragraphs (4)(a), (b) and (c), for “petty sessions area” substitute “local justice area”; and
(e)in paragraph (4)(d), for “petty sessions areas” (in both places) substitute “local justice areas”.
141. In rule 13—
(a)in paragraph (1)—
(i)for “a magistrates' courts committee” substitute “the Lord Chancellor”;
(ii)for “petty sessions area” (in both places) substitute “local justice area”; and
(iii)omit “rule 4(1) or, where that term has expired,”; and
(b)for paragraph (2) substitute the following paragraph:
“(2) The meeting referred to in paragraph (1) shall be the meeting of justices referred to in rule 11(7).”.
142. In the definition of “file” in rule 2(1) and in rule 3(2) (in the first place), for “justices' chief executive” substitute “designated officer for a magistrates' court”.
143. In these Rules (except rules 2(1) and 3(2)), for “justices' chief executive” substitute “designated officer for the court”.
144. In rule 15(2), for “Magistrates' Courts Committee” substitute “Lord Chancellor”.
145. In rule 22(2)(a)(ii), for “acting for the same petty sessions area” substitute “acting in the same local justice area”.
146. In Forms 7 and FL 416 in Schedule 1, for “Justices' Chief Executive” substitute “Designated Officer for the Court”.
147. In rule 2(5), (6) and (8), for “justices' chief executive” substitute “designated officer for the magistrates' court”.
148. In rule 3(4), (5) and (6), for “justices' chief executive” substitute “designated officer”.
149. In Part I of Schedule 1, for subparagraph (f) of paragraph 21 substitute the following subparagraph:
“(f)in paragraph 8(1)—
(i)for the words “England or Wales”, where it first occurs, substitute “the Isle of Man”; and
(ii)omit the words from “in England or Wales” to the end;”
150. In article 2, for the words from “those petty sessions areas” to the end substitute “local justice areas, within the meaning of the Courts Act 2003”.
151. In regulation 53, omit paragraphs (1) and (1A).
152. In regulation 57(3), for “justices' chief executive” substitute “designated officer”.
153. In the table in article 2(2), for “Forms A to D in Part II” (in respect of Commissions of the Peace) substitute “Forms A and D in Part II”.
154. In Part II of the Schedule—
(a)omit Form B; and
(b)for the heading to Form A (Commissions of the Peace: England (outside London) and Wales) substitute the following heading
“Commission of the Peace: England and Wales”;
and in that form, for “the commission area of” and “the said commission area” (in each place) substitute “England and Wales”.
155. In regulation 2(3)(a), for “justices' chief executive” substitute “designated officer”.
156. In rule 3(1)(a), (3) and (4), for “justices' chief executive” substitute “designated officer”.
157. In rules 3, 4 and 6, for “justices' chief executive” substitute “designated officer”.
158. In rules 14(1) and 27(1)(a), (3) and (4), for “justices' chief executive” substitute “designated officer”.
159. In regulations 5(4)(a)(iii) and 6(2)(a)(iii), for “justices' chief executive” substitute “designated officer”.
160. In Schedule 3 (Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 applied as modified by Schedule 2 of the Order)—
(a)in section 8 (enforcement of maintenance order registered in United Kingdom court)—
(i)in subsection (3A), for “justices' chief executive” substitute “designated officer”; and
(ii)in subsection (4A) (in the provisions substituted in section 76 of the Magistrates' Courts Act 1980(59) (“the 1980 Act”)), in subsection (5)(a) and (b), for “a justices' chief executive” substitute “the designated officer for the court or for any other magistrates' court”;
(b)in section 9(1ZA) (variation of maintenance order registered in United Kingdom court)—
(a)in paragraphs (a) and (b) (in the subsection (3A) inserted, and the subsection (4)(b) substituted, in section 60 of the 1980 Act), for “a justices' chief executive” (in each place) substitute “the designated officer for the court or for any other magistrates' court”; and
(b)in paragraph (c), for “to the clerk” (substituted in subsection (5) of section 60 of the 1980 Act) substitute “to the designated officer for the court”.
(c)in section 17(4) (proceedings in magistrates' courts), for “acting for the same petty sessions area (or, in Northern Ireland, petty sessions district” substitute “acting in the same local justice area (or, in Northern Ireland, acting for the same petty sessions district”;
(d)in section 18 (magistrates' courts rules)—
(i)in subsection (1), for the words preceding paragraph (a) substitute “Rules of court may make provision with respect to—” and in that paragraph, for “acting for a particular petty sessions area” substitute “acting in a particular local justice area” and for “acting for such other petty sessions area” substitute “acting in such other local justice area”; and
(ii)in subsection (1A), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “rules of court”; and
(e)in the definition of “prescribed” in section 21(1) omit—
(i)“in England and Wales or”,
(ii)“by rules made under section 144 of the Magistrates' Courts Act 1980 or”, and
(iii)“as the case may be”.
161. In Schedule 2 (Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 applied as modified by Schedule 1)—
(a)in section 8 (enforcement of maintenance order registered in United Kingdom court)—
(i)in subsection (3A)(a), for “justices' chief executive” substitute “designated officer”; and
(ii)in subsection (4A) (in the provisions substituted in section 76 of the Magistrates' Courts Act 1980), in subsections (5)(a) and (b), for “a justices' chief executive” substitute “the designated officer for the court or for any other magistrates' court”;
(b)in section 17(4) (proceedings in magistrates' courts), for “acting for the same petty sessions area (or, in Northern Ireland, petty sessions district” substitute “acting in the same local justice area (or, in Northern Ireland, for the same petty sessions district”; and
(c)in section 18 (magistrates' courts rules)—
(i)in subsection (1), for the words preceding paragraph (a) substitute “Rules of court may make provision with respect to—”, and in that paragraph for “acting for a particular petty sessions area” substitute “acting in a particular local justice area” and for “acting for such other petty sessions area” substitute “acting in such other local justice area”; and
(ii)in subsection (1A), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “rules of court”; and
(d)in the definition of “prescribed” in section 21(1) (interpretation of Part I) omit—
(i)“in England and Wales or”,
(ii)“by rules made under section 144 of the Magistrates' Courts Act 1980 or”, and
(iii)“as the case may be”.
162. In these Rules, for “justices' chief executive” (in each place) substitute “designated officer for the court”.
163. In Schedule 3 (Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 applied as modified by Schedule 2 of the Order)—
(a)in section 8 (enforcement of maintenance orders registered in United Kingdom court)—
(i)in subsection (3A)(a), for “justices' chief executive” substitute “designated officer”; and
(ii)in subsection (4A) (in the provisions substituted in section 76 of the Magistrates' Courts Act 1980 (“the 1980 Act”)), in subsection (5)(a) and (b), for “a justices' chief executive” substitute “the designated officer for the court or for any other magistrates' court”;
(b)in section 9(1ZA) (variation of maintenance order registered in United Kingdom court)—
(i)in paragraph (a) (in the subsection (3A) inserted, and in subsection (4)(b) substituted, in section 60 of the 1980 Act), for “a justices' chief executive” (in each place) substitute “the designated officer for the court or for any other magistrates' court”; and
(ii)in paragraph (c), for “to the clerk” (substituted in subsection (5) of section 60 of the 1980 Act) substitute “to the designated officer for the court”;
(c)in section 17(4) (proceedings in magistrates' courts), for “acting for the same petty sessions area (or, in Northern Ireland, petty sessions district” substitute “acting in the same local justice area (or, in Northern Ireland, acting for the same petty sessions district”;
(d)in section 18 (magistrates' courts rules)—
(i)in subsection (1), for the words preceding paragraph (a) substitute “Rules of court may make provision with respect to”; and in that paragraph, for “acting for a particular petty sessions area” substitute “acting in a particular local justice area” and for “acting for such other petty sessions area” substitute “acting in such other local justice area”; and
(ii)in subsection (1A), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “rules of court”; and
(e)in the definition of “prescribed” in section 21(1) (interpretation of Part I), omit—
(i)“in England and Wales or”,
(ii)“by rules made under section 144 of the Magistrates' Courts Act 1980 or”, and
(iii)“as the case may be”.
164. In article 7(2)(c) and (d), for “justices' chief executive” substitute “designated officer”.
165. In article 14(2), for “Justices' Chief Executive” substitute “Designated Officer”.
166. In article 7(2)(c) and (d), for “justices' chief executive” substitute “designated officer”.
167. In article 14(2), for “Justices' Chief Executive” substitute “Designated Officer”.
168. In these Rules, for “justices' chief executive” (in each place) substitute “designated officer”.
169. In these Rules, for “justices' chief executive” (in each place) substitute “designated officer”.
170. In these Rules, for “justices' chief executive” (in each place) substitute “designated officer”.
171. In regulation 14(5)(a), omit “acting for the petty sessions area in which any relevant workplace is situated”.
172. In regulation 3(2)(n), for “justices' chief executive for each petty sessions area within the meaning of the Justices of the Peace Act 1997” substitute “designated officer for each local justice area within the meaning of the Courts Act 2003”.
173. In article 3(2)(g), for “a magistrates' courts committee for an area any part of which is within that area” substitute “the Lord Chancellor”.
174. In paragraphs 5(6), 6(6) and 7(6) of Schedule 1, for “petty sessions area” (in both places) substitute “local justice area”.
175. In Schedule 1, in RSC Order 79, paragraphs (6)(b), (8)(b) and (10)(b) of rule 9, RSC Order 109, paragraph (5) of rule 4 and RSC Order 116, paragraph (14)(a) of rule 10, for “justices chief executive” substitute “designated officer”.
176. In Schedule 2, in CCR Order 27—
(a)paragraph (1)(b) of rule 4, for “justices' chief executive” and “chief executive” substitute “designated officer”; and
(b)paragraph (3) of rule 10, for “justices' chief executive” substitute “designated officer”.
177. In rules 3(1) and 4(2)(a), (3)(b) and (4), for “justices' chief executive” substitute “designated officer for the court” and in rule 4(5), for “justices' chief executive's” substitute “designated officer's”.
178. In paragraphs 9 and 10(2) and (3) of Schedule 3, for “petty sessions area” substitute “local justice area”.
179. In article 5(4), for “petty sessions area” (in both places) substitute “local justice area”.
180. In article 6(4), for “petty sessions area” (in both places) substitute “local justice area”.
181. In regulation 8(6), for “justices' chief executive” substitute “designated officer for the court”.
182. In regulation 10(11), omit “acting for the petty sessions area in which the applicant for the disabled person’s badge resides”.
183. In article 5(4), for “petty sessions area” (in both places) substitute “local justice area”.
184. In article 5(3), for “petty sessions area” (in both places) substitute “local justice area”.
185. Article 5(3), for “petty sessions area” (in both places) substitute “local justice area”.
186. In article 6(3), for “petty sessions area” (in both places) substitute “local justice area”.
187. In article 5(4), for “petty sessions area” (in both places) substitute “local justice area”.
188. In article 5(3), for “petty sessions area” (in both places) substitute “local justice area”.
189. In article 6(4), for “petty sessions area” (in both places) substitute “local justice area”.
190. In article 5(3), for “petty sessions area” (in both places) substitute “local justice area”.
191. In regulation 5(2), for “a commission area falling” substitute “one or more local justice areas falling wholly or partly”.
192. In the definition of “officer of the local probation board” in article 2, for “petty sessions area” substitute “local justice area”.
193. In Schedule 1, omit “A magistrates' courts committee established under section 27 of the Justices of the Peace Act 1997.”
194. In Schedule 1—
(a)in paragraph 1(4), for “acting for the same petty sessions area” substitute “acting in the same local justice area” and after “Northern Ireland,” insert “acting for the same”; and
(b)in paragraph 3(8)(a), for “justices' chief executive” substitute “designated officer”.
195. In article 6(1), for “chief executive to” substitute “designated officer for”.
196. In article 7(2), for “justices' chief executive” substitute “designated officer for the licensing justices”.
197. In regulation 19, for paragraph (5) substitute the following paragraph:
“(5) In paragraph (4), “appropriate court” means—
(a)in England and Wales, a magistrates' court, or
(b)in Scotland, the sheriff court in the sheriffdom—
(i)in which the claimant resides (in the case of an individual);
(ii)where the principal or last known place of business of the claimant is situated (in the case of a partnership); or
(iii)where the registered or principal office of the claimant is situated (in the case of an incorporated or unincorporated body).”.
198. In rule 4(1), for “petty sessions area” substitute “local justice area”.
199. In these Rules, for “justices' chief executive” (in each place) substitute “designated officer”.
200. In the Schedule—
(a)for “Justices' Chief Executive” in the first place in Parts I and Part II substitute “Designated Officer”; and
(b)for other references to “Justices' Chief Executive” substitute “Designated officer for the Court”.
201. In rule 6—
(a)in paragraph (2), for “petty sessions area” substitute “local justice area”;
(b)in paragraph (4), for “justices' chief executive” substitute “designated officer for the court”; and
(c)in paragraph (5), for “justices' chief executive” substitute “designated officer”.
202. In rule 7(2), for “justices' chief executive” substitute “designated officer for the court”.
203. In rule 8(2), for “magistrates' courts committee” substitute “Lord Chancellor”.
204. In rules 4(1) and (2), 6(1), 7(2)(a) and (b), 8(1) and 10(2) and (6)(b) and (d), for “justices' chief executive for the petty sessions area” substitute “designated officer for the local justice area”.
205. In rules 4(9), 5 (in each place), 6(2), (3) and (4), 7(1), (4) and (7), 8(2) and (3) (in both places), 10(3), (4), (6)(a), (b) (in the first place) and (d) (in the first place), 11(2) and Form A in the Schedule, for “justices' chief executive” substitute “designated officer”.
206. In rule 10(1), (5) and (6)(c), for “petty sessions area” substitute “local justice area”.
207. Omit rule 12.
208. In Forms A and G in the Schedule, for “Justices' Chief Executive” substitute “Designated Officer”.
209. In rule 10—
(a)in paragraph (1), for “a justices' chief executive” substitute “the designated officer for a magistrates' court”; and
(b)in paragraph (5)(a), for “justices' chief executive” substitute “designated officer”.
210. In rule 26(6), for “justices' chief executive” substitute “designated officer”.
211. In the modification in the right-hand column of the Schedule of section 28K(10) of the Immigration Act 1971 as inserted in that Act by section 138 of the Immigration and Asylum Act 1999, for “justices' chief executive” substitute “designated officer”.
212. In article 13(3), for “petty sessions area” (in both places) substitute “local justice area”.
213. In rule 1(2)(f), omit the definition of “relevant petty sessions area”.
214. In rule 2(1), for “justices' chief executive for the relevant petty sessions area” substitute “designated officer for a magistrates' court”.
215. In rule 3(1), for “petty sessions area” substitute “local justice area”.
216. In rules 3(2), 4(3) and (5) and 5(4), for “justices' chief executive” substitute “designated officer for the court”.
217. In the Schedule, for “Justices' Chief Executive” (in each place) substitute “Designated Officer”.
218. In paragraph 8 of the Schedule—
(a)in subparagraph (1), for “acting for” substitute “acting in” and for “petty sessions area” (in both places) substitute “local justice area”;
(b)in subparagraph (3), for “acting for the relevant petty sessions area” substitute “acting in the relevant local justice area”; and
(c)in subparagraph (11), for “petty sessions area” substitute “local justice area”.
219. In the modification in the right-hand column of the Schedule of section 28K(10) of the Immigration Act 1971 as inserted in that Act by section 138 of the Immigration and Asylum Act 1999, for “justices' chief executive” substitute “designated officer”.
220. In rules 1(2) and 4(4), for “the Greater London area” substitute “Greater London”.
221. In rule 2—
(a)omit the definition of “Greater London commission area”; and
(b)after the definition of “justice”, insert the following definition:
‘“local justice area” has the same meaning as in the Courts Act 2003’.
222. In rule 4, for paragraphs (1) to (3) substitute the following paragraphs:
“(2) There shall be one panel for Greater London formed of justices nominated from time to time by the Lord Chancellor in accordance with these Rules.
(3) Justices who form the first panel after 1st April 2005 shall serve for a term of three years commencing on 1st January in the year following the expiry of the term of the previous panel.”.
223. In rule 5(1)(a), for “acts for the Greater London area” substitute “acts in a local justice area in Greater London”.
224. Omit rule 9.
225. In article 3(2)(g), for “a magistrates' courts committee for an area any part of which is within that local government area” substitute “the Lord Chancellor”.
226. In article 15(3), for “petty sessions area” (in both places) substitute “local justice area”.
227. In rule 3(4), for “Justices' Chief Executive” substitute “designated officer for the court”.
228. In rule 3(5), for “Justices' Chief Executive” substitute “designated officer for the court”.
229. In rule 3(5), for “Justices' Chief Executive” substitute “designated officer for the court”.
230. In rule 4(5), for “Justices' Chief Executive” substitute “designated officer for the court”.
231. In article 6(3), for “petty sessions area” (in both places) substitute “local justice area”.
232. In article 2, for “petty sessions areas” substitute “local justice areas”.
233. In the Schedule, for “Petty Sessions Areas” (in each place) substitute “Local Justice Areas”.
234. In these Rules, for “justices' chief executive” (In each place) substitute “designated officer”.
235. In article 16(3), for “petty sessions area” (in both places) substitute “local justice area”.
236. In article 6(3), for “petty sessions area” (in both places) substitute “local justice area”.
S.I. 1954/1711; the relevant amending instruments are S.I. 1996/577 and 1996/3068. The words “youth court” or “youth courts” were substituted throughout this instrument by virtue of section 70 of the Criminal Justice Act 1991 (c. 53).
S.I.1959/3; the relevant amending instruments are S.I. 1980/1896, 1986/1962, 1989/384, 1992/457 and 2001/615.
S.I. 1961/1547.
S.I. 1965/283; the amending instruments are not relevant.
S.I. 1969/550; the amending instruments are not relevant.
S.I. 1969/1109.
S.I. 1974/668; the relevant amending instruments are S.I. 1976/2236, 1986/1962, 1992/457, 1993/617 and 2001/615.
S.I. 1975/286, as amended by S.I. 1992/457, 1993/617 and 2001/615.
S.I. 1975/488, amended by S.I. 1980/1584, 1993/617 and 2001/615 and applied and amended by S.I. 1979/1561.
S.I. 1980/108 (applied by S.I. 1996/2802); the relevant amending instruments are S.I. 1986/1962, 1992/457, 1993/617 and 2001/615.
S.I. 1981/552; the relevant amending instruments are S.I. 1983/523, 1984/1552, 1985/1944, 1986/1332, 1989/384, 1992/457, 1992/2072, 1993/1183, 1994/1481, 1995/585, 1997/706, 2000/3361, 2001/167, 2001/610, 2003/423, 2003/1236 and 2004/2993.
S.I. 1982/1109; the relevant amending instruments are S.I. 1988/952, 1988/1332, 1988/1635, 1994/1480 and 2001/614.
S.I. 1984/611; the relevant amending instruments are S.I. 1989/384, 1991/1991, 2001/615 and 2001/820.
S.I. 1989/339 (continued in force for certain purposes by S.I. 2000/774 and 2001/916); the relevant amending instrument is S.I. 2001/617.
S.I. 1989/340 (continued in force for certain purposes by S.I. 2000/774 and 2001/916); the relevant amending instrument is S.I. 2001/829.
S.I. 1989/344 (continued in force for certain purposes by S.I. 2000/774 and 2001/916); the relevant amending instruments are S.I. 1998/2909 and 2001/616.
S.I. 1989/1058; the relevant amending instruments are S.I. 1993/616, 1996/675, 2001/362 and 2001/1076.
S.I. 1991/1395; the relevant amending instruments are S.I. 1991/1991, 1992/2068, 1994/2166, 1994/3156, 1997/1895, 2001/615 and 2001/818.
S.I. 1991/2630; the amending instruments are not relevant. Paragraph 8(1) of Schedule 3 to the Immigration Act 1971 (c. 77) is amended by paragraph 150(4) of Schedule 8 to the Courts Act 2003 (c. 39).
S.I. 1993/593, amended by S.I. 2001/410. Sections 8, 9, 17, 18 and 21 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18) are amended by paragraphs 152 to 156 of Schedule 8 to the Courts Act 2003.
S.I. 1993/594, amended by S.I. 2001/410. Sections 8, 9, 17, 18 and 21 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18) are amended by paragraphs 152 to 156 of Schedule 8 to the Courts Act 2003 (c. 39).
S.I. 1995/2709, amended by S.I. 2001/410. Sections 8, 9, 17, 18 and 21 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 are amended by paragraphs 152 to 156 of Schedule 8 to the Courts Act 2003.
S.I. 1997/1840; the amending instruments are not relevant.
S.I. 1998/2452; the amending instruments are not relevant.
S.I. 1998/2798.
S.I. 1999/1748; the relevant amending instruments are not relevant.
S.I. 2000/51; the amending instruments are not relevant.
S.I. 2000/181; the amending instruments are not relevant.
S.I. 2000/682; the amending instrument is not relevant.
S.I. 2000/976.
S.I. 2000/1096.
S.I. 2000/1843.
S.I. 2000/2230.
S.I. 2000/3342; the amending instrument is not relevant.
S.I. 2001/2234; the amending instrument is not relevant.
S.I. 2001/3458; the amending instruments are not relevant.
S.I. 2001/3929.
S.I. 2001/3937; the amending instruments are not relevant.
S.I. 2001/3981.
S.I. 2001/4013; the amending instrument is not relevant.
S.I. 2002/1687; the amending instrument is not relevant.
S.I. 2002/2784; the amending instrument is not relevant.
S.I. 2003/421.
S.I. 2003/1252. Section 28K of the Immigration Act 1971 (c. 77) is amended by paragraph 148 of Schedule 8 to the Courts Act 2003 (c. 39).
S.I. 2003/1645.
S.I. 2003/1901.
S.I. 2003/2900. Section 28K of the Immigration Act 1971 is amended by paragraph 148 of Schedule 8 to the Courts Act 2003.
S.I. 2003/2960.
S.I. 2004/118; the amending instrument is not relevant.
S.I. 2004/398.
S.I. 2004/1051.
S.I. 2004/1052.
S.I. 2004/1053.
S.I. 2004/1054.
S.I. 2004/1237.
S.I. 2004/2198.
S.I. 2004/2419.
S.I. 2004/3226.
S.I. 2005/17.
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