Courts Act 2003

Section 109(3)

SCHEDULE 10 U.K. Repeals

Commencement Information

I1 Sch. 10 partly in force; Sch. 10 not in force at Royal Assent see s. 110(1)(2); Sch. 10 in force for certain purposes at 26.1.2004 by S.I. 2003/3345, art. 2(c)(iii)(iv); Sch. 10 in force for certain further purposes at 15.3.2004 by S.I. 2004/401, art. 2(c)(d); Sch. 10 in force for certain further purposes at 1.5.2004 by S.I. 2004/1104, {art. 3(h)(i)-(iv)(i)}; Sch. 10 in force for certain further purposes at 1.9.2004 by S.I. 2004/2066, art. 2(d)(e) (subject to art. 3); Sch. 10 in force for certain further purposes at 4.1.2005 by S.I. 2004/3123, art. 2(c)(d); Sch. 10 in force for certain further purposes at 1.4.2005 by S.I. 2005/910, art. 3(aa)(bb); Sch. 10 in force for certain further purposes at 10.1.2006 by S.I. 2005/3518, art. 2(b) (with art. 4); Sch. 10 in force for certain further purposes at 6.4.2006 by S.I. 2005/3518, art. 3(c)

I2 Sch. 10 in force at 6.4.2011 for specified purposes by S.I. 2010/2921, art. 3(c)

Short title and chapter	Extent of repeal
Parochial Libraries Act 1708 (c. 14)	In section 10, “for the commission area”.
Distress for Rent Act 1737 (c. 19)	In section 4, “of the same commission area”. In section 16, “of the county, riding, division, or place”.
Inclosure Act 1773 (c. 81)	In section 4, “under the hand and seal” and “of the commission area wherein such common field lands shall lie”.
Burial Ground Act 1816 (c. 141)	In section 2, “for the commission area in which such land is situated”.
Inclosure and Drainage (Rates) Act 1833 (c. 35)	In section 1, “acting for any commission area, in petty sessions assembled”. In section 2, “for the said (county, riding, or division, as the case may be)”.
Railway Regulation Act 1842 (c. 55)	In section 17, “, in the like discretion of such justice, shall” and the words from “and every such penalty” to the end.
Defence Act 1842 (c. 94)	In section 24, “of the county, riding, city, or place”.
Companies Clauses Consolidation Act 1845 (c. 16)	In section 3, the words from “The word “justice”” to “acting together in petty sessions”.
Lands Clauses Consolidation Act 1845 (c. 18)	In section 3, the words from “The word “justices”” to “acting together”.
Railway Clauses Consolidation Act 1845 (c. 20)	In section 3, the words from “The word “justice”” to “acting together:”. In section 46, “in petty sessions”. In section 59, “, and assembled in petty sessions,”.
Markets and Fairs Clauses Act 1847 (c. 14)	In section 3, the words from “The word “justice”” to “acting together:”.
Harbours, Docks and Piers Clauses Act 1847 (c. 27)	In section 3, the words from “The word “justice”” to “acting together:”.
Towns Improvement Clauses Act 1847 (c. 34)	In section 3, the words from “The word “justice”” to “acting together:”.
Cemeteries Clauses Act 1847 (c. 65)	In section 3, the words from “The word “justice”” to “acting together:”.
Town Police Clauses Act 1847 (c. 89)	In section 3, the words from “The word “justice”” to “acting together:”.
Indictable Offences Act 1848 (c. 42)	In section 13, “any county, riding, division, liberty, city, borough, or place in” (in both places).
Defence Act 1860 (c. 112)	In section 47, the words from “The word “justices”” to “acting together:”.
Offences Against the Person Act 1861 (c. 100)	In section 44, “under their hands”. In section 65, “under his hand and seal”.
Poaching Prevention Act 1862 (c. 114)	In section 1, the words from “; and the words “justice” and “justices”” onwards. In section 2, “England and”. In section 3, “in England in the same manner as penalties under the Game Act 1831 and”.
Dockyard Ports Regulation Act 1865 (c. 125)	In section 2, the words from “The term “justice”” to “arises:”.
Newspapers, Printers, and Reading Rooms Repeal Act 1869 (c. 24)	In Schedule 2, in section 34 of the Unlawful Societies Act 1799, “or sued” and “, or such action shall be brought”, and sections 35 and 36 of the 1799 Act.
Explosive Substances Act 1883 (c. 3)	In section 6(1), “for the county, borough, or place in which the crime was committed or is suspected to have been committed,” and “sit at a petty sessional or occasional court-house, or police station in the said county, borough or place, and”.
Municipal Corporations Act 1882 (c. 50)	In section 153(3), “for a commission area consisting of or including the whole or part of the county”.
Sheriffs Act 1887 (c. 55)	In section 38, from “Any reference” onwards.
Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)	In section 3(4), “appointed for the same commission area”.
Criminal Justice Act 1925	In section 33(4), “, except in so far as such provision may be made by rules under section 144 of the Magistrates' Courts Act 1980”.
Children and Young Persons Act 1933 (c. 12)	Section 101. Schedule 2.
Public Offices (Site) Act 1947	Section 7.
National Assistance Act 1948	Section 65(c).
Prevention of Damage by Pests Act 1949 (c. 55)	In section 15(1), “for the petty sessions area or place in which the works are required to be carried out or, as the case may be, in which the food or container is for the time being situated”.
National Parks and Access to the Countryside Act 1949 (c. 97)	In section 68(3), “for the petty sessions area or place within which the land to which the notice relates is situated”.
Maintenance Orders Act 1950	Section 25(1). In section 28(1), in the definition of “prescribed”, “England or”, “by rules made under section fifteen of the Justices of the Peace Act 1949, or” and “as the case may be,”.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)	In Schedule 2, Part 2.
Prison Act 1952 (c. 52)	In section 19(2), “or to visit any prisoner under sentence of death”.
Maintenance Orders Act 1958	In section 21(1), the definition of “rules of court”.
Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)	In section 3, in subsection (1) “sitting in petty sessions in the petty sessions area within which that highway or part of a highway is situated” and in subsection (2) “being a highway or part within the jurisdiction of those justices”.
Obscene Publications Act 1959	In section 3(1), “in the petty sessions area for which he acts,” and “in that area”.
Game Laws (Amendment) Act 1960 (c. 36)	In section 3(2), the words from “and in section one” onwards.
Caravan Sites and Control of Development Act 1960 (c. 62)	In section 7(1), “acting for the petty sessions area in which the land is situated”. In section 8(2), “acting for the petty sessions area in which the land to which the site licence relates is situated”. In section 32(1)(c), “acting for the petty sessions area in which the land is situated”.
Administration of Justice Act 1960	In section 2(3), “Except in a case involving sentence of death,”. Section 3.
Children and Young Persons Act 1963 (c. 37)	Section 17(1). Schedule 2.
Offices, Shops and Railway Premises Act 1963 (c. 41)	In section 46(11), “acting for the petty sessions area in which they are situate”.
Administration of Justice Act 1964	In section 26, “commissions of the peace,”.
Science and Technology Act 1965 (c. 4)	In Schedule 2, the entry relating to section 6 of the Geological Survey Act 1845.
Compulsory Purchase Act 1965	Section 1(5).
Public Works Loans Act 1965 (c. 63)	Section 2(1)(a)(v) and “and” before it.
National Loans Act 1968 (c. 13)	In Schedule 4, in paragraph 1, in paragraph (a) of the definition of “local authority”, sub-paragraph (v) and “and” before it.
Criminal Appeal Act 1968 (c. 19)	In section 31A(2), at the end of paragraph (b) “and”. Section 48. Schedule 4.
Courts-Martial (Appeals) Act 1968 (c. 20)	In section 36(1), at the end of paragraph (f) “and”. In section 36A(1), at the end of paragraph (a) “and”. Section 55. Schedule 2.
Children and Young Persons Act 1969 (c. 54)	In section 23A(2)(a), “for the petty sessions area in which he was arrested”.
Courts Act 1971 (c. 23)	Sections 27 and 28. Schedule 3. In Schedule 8, paragraphs 17 and 49.
Attachment of Earnings Act 1971	In section 25(1), the definition of “rules of court” and “and” before it.
Armed Forces Act 1971	In Schedule 2, paragraph 1(8).
Fire Precautions Act 1971 (c. 40)	In section 43(1), in the definition of “the court”, “acting for the petty sessions area in which they are situated”.
Immigration Act 1971	In Schedule 3, in paragraph 6(3) “the Crown Court or” and “commission area or” and in paragraph 8(1) “area or”.
Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)	In section 21(1), “in England and Wales or”, “by rules made under section 144 of the Magistrates' Courts Act 1980 or”, and “as the case may be,”. In section 34A(4), omit “the clerk of”.
Civil Evidence Act 1972	Section 2(8).
Administration of Justice Act 1973	In section 5, “Paragraph 7 of”. In Schedule 1, paragraphs 7 to 7B and 10(1).
Juries Act 1974 (c. 23)	In section 10, “and for this purpose “the judge” means any judge of the High Court or any Circuit judge or Recorder”. In Schedule 1, in Group B, “Justices' chief executives,”.
Solicitors Act 1974 (c. 47)	Section 38(2) and (3).
Safety of Sports Grounds Act 1975 (c. 52)	In section 17(1), in the definition of “the court”, “acting for the petty sessions area in which they are situated”.
Bail Act 1976 (c. 63)	In section 2, the definitions of “Crown Court rules”, “magistrates' courts rules” and “Supreme Court rules”. In section 5B(8), “for the petty sessions area in which he was arrested”. In section 7(4)(a), “for the petty sessions area in which he was arrested”. In section 8(5)(b), “for the petty sessions area in which he resides”.
Race Relations Act 1976 (c. 74)	In Schedule 1A, in Part 1, paragraph 45, and in Part 2, under the heading “Regulatory, audit and inspection”, “Her Majesty’s Magistrates' Courts Service Inspectorate”.
Administration of Justice Act 1977	Section 22.
Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)	In section 88(1), the definition of “rules”. In Schedule 2, paragraphs 2, 6 and 9.
Judicature (Northern Ireland) Act 1978 (c. 23)	Section 48(4). In section 70(2)(a), the words “, or in the case of the Official Solicitor a solicitor,”. In section 73, in subsection (1), “Subject to subsection (2)”, and subsection (2). In Schedule 1, in paragraph 1(2) “Except in a case involving sentence of death,” and paragraph 2. In Schedule 3, the entry relating to the Official Solicitor.
Protection of Children Act 1978	In section 4(1), “in the petty sessions area for which he acts”.
Magistrates' Courts Act 1980 (c. 43)	Section 1(2), (5) and (8). Section 3. Section 3B. In section 60(4), “the clerk of”. Section 68. Section 87(4). Section 87A(2). In section 97(1), “for any commission area” and “for that commission area”. In section 97A(1), “for any commission area” and paragraph (c) and “and” before it. In section 116, in subsection (1), “for any area to which this section applies”, from “, if the complaint” to “for that area,” and “for that area” (in the second place) and subsection (3). In section 121, subsection (3) and, in subsection (5), “, or sitting in an occasional court-house”. Section 125B(3). In section 125C, in subsection (1), “appointed by, or member of the staff of, his magistrates' courts committee” and, in subsection (2), in the definition of “a section 125A warrant”, from “and” onwards. Sections 137 and 138. Section 141. In section 144, in subsection (2) “the President of the Family Division of the High Court, the Senior District Judge (Chief Magistrate)” and subsection (5). In section 145, in subsection (1) paragraphs (aa), (f) and (i) and subsection (4). Sections 146 and 147. Section 149. In section 150(1), the definitions of “petty-sessional court-house”, “the register” and “the rules”. Section 153. Schedule 6. In Schedule 7, paragraphs 5, 8, 101(a), 106, 107, 113, 131 and 151.
Criminal Appeal (Northern Ireland) Act 1980	Section 48 and Schedule 3.
Zoo Licensing Act 1981 (c. 37)	In section 18(1), “acting for the petty sessions area in which the zoo is situated”.
[F1 Senior Courts Act 1981]	Section 56A. Section 76(4). In section 92, in subsection (2), “except the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals” and subsections (2D) and (2E). Section 130. Sections 138, 138A and 138B. In section 151(1), in the definition of “prescribed”, paragraph (b) and “and” before it. In Schedule 5, paragraph 1 of the entry relating to the Foreign Judgments (Reciprocal Enforcement) Act 1933, the entry relating to the Criminal Justice Act 1948, and paragraph 2 of the entry relating to the Evidence (Proceedings in Other Jurisdictions) Act 1975.
Acquisition of Land Act 1981 (c. 67)	In Schedule 4, in paragraph 1, the entry relating to the Courts Act 1971 and paragraph 19.
County Courts Act 1984 (c. 28)	Sections 73 and 73A. Section 99(4)(b). Section 128. In section 147(1), the definition of “fees orders”. In Schedule 2, paragraph 43.
Matrimonial and Family Proceedings Act 1984 (c. 42)	Sections 40 and 41. In Schedule 1, paragraph 13(b).
Building Act 1984 (c. 55)	In section 40(1), “acting for the petty sessions area in which is situated land on which there has been carried out any work to which the notice relates”. In section 55(1), “acting for the petty sessions area in which is situated land on which there will be, or there has been, carried out any work to which the notice or certificate relates”.
Cinemas Act 1985 (c. 13)	In Schedule 2, paragraph 12.
Prosecution of Offences Act 1985	Section 20(5).
Local Government Act 1985 (c. 51)	Section 99. In Schedule 13, paragraph 13(i).
Administration of Justice Act 1985 (c. 61)	Section 54.
Transport Act 1985 (c. 67)	In section 17(10), the definition of “the appropriate court”.
Fire Safety and Safety of Places of Sport Act 1987 (c. 27)	In section 41, in the definition of “the court”, “acting for the petty sessions area in which it is situated”.
Income and Corporation Taxes Act 1988 (c. 1)	Section 329AA(8).
Criminal Justice Act 1988 (c. 33)	Section 41(9).
Road Traffic Act 1988 (c. 52)	In section 90(1)(a), “acting for the petty sessions area in which he resides”. In section 100(1), “acting for the petty sessions area in which he resides”. In section 119(1), “acting for the petty sessions area in which the holder of or applicant for the licence resides”.
Road Traffic Offenders Act 1988 (c. 53)	Section 82(2), (2A) and (3).
Football Spectators Act 1989 (c. 37)	Section 7(10)(c) and the word “and” immediately preceding it. Section 18(4). In section 20(7), “acting for the petty sessions area in which he resides”. In section 22(2), “for any area”, “who resides or is believed to reside in that area” and (in both places) “for that area”.
Children Act 1989 (c. 41)	Section 97(7)(a). In Schedule 11, in paragraph 8, sub-paragraphs (d) to (g).
Local Government and Housing Act 1989 (c. 42)	Section 39(1)(ea). Section 67(3)(ga).
Statute Law (Repeals) Act 1989 (c. 43)	In Schedule 2, paragraph 4.
Town and Country Planning Act 1990 (c. 8)	In section 217(2), “acting for the petty sessions area in which the land in question is situated”.
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)	In section 47(4), “acting for the petty sessions area within which the building is situated”. In section 50(6), “acting for the petty sessions area in which the building is situated”.
Planning (Consequential Provisions) Act 1990 (c. 11)	In Schedule 2, paragraph 25.
Computer Misuse Act 1990 (c. 18)	Section 11(1). In section 16(10), “and subsection (6) shall be omitted”.
Courts and Legal Services Act 1990 (c. 41)	Section 1(12). Section 15(1). In Schedule 17, paragraph 14. In Schedule 18, paragraph 50. In Schedule 19, paragraph 7.
Maintenance Enforcement Act 1991	In Schedule 2, paragraph 11(2).
Criminal Justice Act 1991 (c. 53)	Sections 76 to 78. In section 92, in subsection (1), the definitions of “court-house” and “court security officer” and subsection (2). In Schedule 11, in paragraph 40(2)(a), “and Schedule 2” and in paragraph 41(2), paragraphs (a) and (e).
Local Government Finance Act 1992 (c. 14)	Section 19(3)(ea).
Friendly Societies Act 1992	In Schedule 16, paragraph 44.
Charities Act 1992 (c. 41)	In section 71(3), from “and references” onwards.
Tribunals and Inquiries Act 1992 (c. 53)	In Schedule 1, the entry relating to a person appointed under section 54(6) of the Justices of the Peace Act 1997.
Judicial Pensions and Retirement Act 1993 (c. 8)	In Part II of Schedule 1, in the entry for Schedule 3 to the Judicature (Northern Ireland) Act 1978, the words from “, other than” to the end. In Schedule 5, in the entry for the Judicature (Northern Ireland) Act 1978 the words “or 75(1)”. In Schedule 6, paragraph 14(5) and (7).
Police and Magistrates' Courts Act 1994 (c. 29)	In Schedule 8, paragraphs 29, 30, 32, 33 and 34.
Criminal Justice and Public Order Act 1994 (c. 33)	Section 52(8).
Deregulation and Contracting Out Act 1994 (c. 40)	In Schedule 16, paragraph 2.
Jobseekers Act 1995 (c. 18)	In Schedule 2, paragraph 4.
Criminal Appeal Act 1995 (c. 35)	Section 22(5).
Disability Discrimination Act 1995 (c. 50)	Section 38(3).
Police Act 1996 (c. 16)	Section 5(2)(c) and “and” before it. Section 5C(3)(c) and “and” before it. In Schedule 2, in paragraph 19(2)(a), “or 8”. In Schedule 2A, in paragraph 14(2)(a), “or 5”.
Civil Procedure Act 1997 (c. 12)	Section 2(6) to (8). In Schedule 2, paragraph 3.
Justices of the Peace Act 1997 (c. 25)	The whole Act.
Police Act 1997 (c. 50)	In Schedule 9, paragraph 92.
Local Government (Contracts) Act 1997 (c. 65)	Section 10. Section 12(4).
Statute Law (Repeals) Act 1998 (c. 43)	In Schedule 2, paragraph 3.
Tax Credits Act 1999 (c. 10)	In Schedule 1, paragraph 6(a).
Access to Justice Act 1999 (c. 22)	Sections 74 and 75. Section 77. Section 78(1). Sections 80 to 89. Section 90(2) to (5). Section 91. Section 93(1). Section 98(1). Sections 99 and 100. In Schedule 4, paragraph 20. In Schedule 10, paragraphs 1 to 5, 6, 7, 9 to 12, 14 to 16, 18 to 20, 21(a), 30(4)(b), 32, 35 36, 39, and 47 to 53. In Schedule 11, paragraphs 3, 6(a), 12, 18, 28, 29, 30, 32, 36(3) and (4)(a), and 43 to 50. Schedule 12. In Schedule 13, paragraphs 1, 5, 6, 7, 10, 11, 13(2), 14, 15, 25 to 31, 59(2), (3)(a) and (4), 60, 65, 66, 68, 69, 72, 73(4), 74, 77, 78, 81, 82, 89 to 93, 96 to 112, 114 to 118, 122(2), 126, 127, 129 to 131, 135 to 138, 147 to 149, 150(3), 153(a), 154 to 156, 159 to 162, 165, 167 to 169 and 171.
Youth Justice and Criminal Evidence Act 1999 (c. 23)	Section 24(5) to (7). Section 65(2).
Greater London Authority Act 1999 (c. 29)	In Schedule 27, paragraph 108. In Schedule 29, paragraph 62.
Terrorism Act 2000 (c. 11)	In Schedule 8, in paragraph 29(4)(a), “the Senior District Judge (Chief Magistrate) or his deputy, or”.
Care Standards Act 2000 (c. 14)	In Schedule 4, paragraph 7.
Freedom of Information Act 2000 (c. 36)	In Schedule 1, paragraph 34.
Criminal Justice and Court Services Act 2000 (c. 43)	Section 17. In Schedule 7, paragraphs 84 to 86.
Vehicles (Crime) Act 2001 (c. 3)	Section 38(5)(c). In the Schedule, paragraphs 7 to 10.
Private Security Industry Act 2001 (c. 12)	In section 11, subsection (3) and, in subsection (6)(d), “appropriate”. In section 18, subsection (3) and, in subsection (5)(d), “appropriate”.
International Criminal Court Act 2001 (c. 17)	In section 26, in the definition of “appropriate judicial officer”, paragraph (a).
State Pension Credit Act 2002 (c. 16)	In Schedule 2, paragraph 25.
Tax Credits Act 2002 (c. 21)	In Schedule 3, paragraph 2.
Justice (Northern Ireland) Act 2002 (c. 26)	In section 18(9), the words “and in the entry relating to the Official Solicitor”.
Police Reform Act 2002 (c. 30)	In Schedule 7, paragraph 20.
Adoption and Children Act 2002	Section 141(2). In Schedule 3, paragraph 44.
Enterprise Act 2002	Section 265.

Textual Amendments

F1 Words in Sch. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1; {S.I. 2009/1604, art. 2(d)}