SCHEDULES

SCHEDULE 5U.K. Amendment of Enactments

Modifications etc. (not altering text)

C1The text of s. 52, Sch. 5, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IU.K. Miscellaneous Consequential Amendments

The Costs in Criminal Cases Act 1952 (c. 48)E+W

Section 7

After the word “Act” there shall be inserted the words “or the Criminal Appeal Act 1968”.

Section 8

In subsection (1) (as amended by paragraph 22 of Schedule 4 to the M1Criminal Justice Act 1967), for the words “under section 3(2) of this Act” there shall be substituted the words “under section 24 of the Criminal Appeal Act 1968”.

Section 10

For subsection (2) there shall be substituted the following subsection:—

(2)Where the criminal division of the Court of Appeal order the payment of costs by the appellant under section 25 of the Criminal Appeal Act 1968, or that division or the House of Lords order the payment of costs by the defendant under section 40 of that Act, the payment shall be enforceable in the same manner as an order for payment of costs made by the High Court in a civil case.

In subsection (5), after the word “Act” there shall be inserted the words “or the Criminal Appeal Act 1968”.

Section 11(1)

After the word “Act” there shall be inserted the words “or the Criminal Appeal Act 1968”.

Section 12

For this section there shall be substituted the following:—

12 Regulations.

(1)The Secretary of State may by statutory instrument make regulations generally for carrying this Act and the associated provisions of the Criminal Appeal Act 1968 into effect and in particular may by regulations so made prescribe—

(a)rates or scales of payment of any costs payable out of local funds under this Act or the said associated provisions and the conditions under which such costs may be allowed;

(b)the manner in which an officer of the court making a payment to any person in respect of his attendance to give evidence is to be repaid out of local funds;

(c)the form of orders, certificates and notices under the Act or the said associated provisions, and the giving of information when certificates are sent under this Act by the officer of any magistrates’ court;

and any provision of this Act or the said Act of 1968 enabling any sum to be paid out of local funds shall have effect subject to the regulations.

(2)In subsection (1) of this section “the associated provisions of the Criminal Appeal Act 1968” means the following provisions of that Act, namely, sections 24 to 28 and 39 to 41.

Section 17(2)

After the words “the Act” there shall be inserted the words “or the Criminal Appeal Act 1968”.

Marginal Citations