Magistrates’ Courts Act 1980

145 Rules: supplementary provisions. E+W

(1) The power to make rules conferred by section 144 above shall, without prejudice to the generality of subsection (1) of that section, include power to make provision—

(a) as to the practice and procedure of justices in exercising functions preliminary or incidental to proceedings before a magistrates’ court;

(b) as to the service and execution of process issued by or for the purposes of a magistrates’ court, including the service and execution in England and Wales of process issued in other parts of the United Kingdom;

(c) as to the keeping of records of proceedings before magistrates’ courts and the manner in which things done in the course of, or as preliminary or incidental to, any such proceedings, or any proceedings on appeal from a magistrates’ court to the Crown Court, may be proved in any legal proceedings;

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) as to what magistrates’ court shall have jurisdiction to hear any complaint;

F4 [F5 (ga)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) as to the matters additional to those specified in section 53 above on complaint for which a magistrates’ court shall have power to make an order with the consent of the defendant without hearing evidence;

F3 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where any Act expressly confers jurisdiction on any magistrates’ court to hear a complaint, rules made under subsection (1)(g) above shall not take away that jurisdiction, but may extend it to any other magistrates’ court.

(3) Any Act passed before 16th December 1949, in so far as that Act relates to matters about which rules may be made under section 144 above, shall have effect subject to any rules so made and may be amended or repealed by the rules accordingly; but nothing in the said section shall authorise the rules to reduce the number of justices required for any purpose by any Act.

(4) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any rules, directions, forms or other instrument having effect immediately before this subsection comes into force as if contained in rules made under section 15 of the Justices of the M1 Peace Act 1949 by virtue of section 15(8) of that Act (rules etc. which previously had effect under the enactments repealed by Part II of Schedule 7 to that Act) shall have effect as if contained in rules made under section 144 above.

Textual Amendments

F1 S. 145(1)(d) repealed (1.4.1995) by 1995 c. 29, ss. 91(1), 93, Sch. 8 Pt. II para. 31, Sch. 9 Pt. II; S.I. 1995/685, arts. 4(n), 8(p)

F2 S. 145(1)(e) repealed (4.7.1996 with effect in relation to any alleged offence in relation to which Part I of the repealing Act applies) by 1996 c. 25, ss. 65(3)(4), 80, Sch. 5 Table6 (with s. 78(1)); S.I. 1997/683, art. 1(2)

F3 S. 145(1)(f) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 51(10), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(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)(c)(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)

F4 S. 145(1)(ga) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5 S. 145(1)(ga) inserted (12.4.2005) by Children Act 2004 (c. 31), ss. 62(4), 67; S.I. 2005/847, art. 2

F6 S. 145(4) repealed (1.9.2004) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 246(3), Sch. 10; S.I. 2004/2066, art. 2(c)(xi)(d)(iv) (subject to art. 3)

Marginal Citations

M1 1949 c. 101.