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- Point in Time (26/02/2018)
- Original (As enacted)
Version Superseded: 01/10/2013
Point in time view as at 26/02/2018.
Courts Act 1971 is up to date with all changes known to be in force on or before 09 September 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.
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An Act to make further provision as respects the [F1Senior Courts]F1 and county courts, judges and juries, to establish a Crown Court as part of the [F1Senior Courts]F1 to try indictments and exercise certain other jurisdiction, to abolish courts of assize and certain other courts and to deal with their jurisdiction and other consequential matters, and to amend in other respects the law about courts and court proceedings.
[12th May 1971]
Extent Information
E1For extent see s. 59(5)(6)(7).
Textual Amendments
F1Act: words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(b)(d)
Commencement Information
I1Act not in force at Royal Assent see s. 59(2); Act wholly in force at 1. 1. 1972.
Textual Amendments
F2Pts. I, II (ss. 1–15) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
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(1)[F3Any direction to appear and] any condition of a recognizance to appear before the Crown Court, and any summons or order to appear before the Crown Court, may be framed so as to require appearance at such time and place as may be directed by the Crown Court, and if a time or place is specified in the [F3direction] condition, summons or order, it may be varied by any subsequent direction of the Crown Court.
(2)Where an indictment has been signed although the person charged has not been committed for trial, the Crown Court may issue a summons requiring that person to appear before the Crown Court, or may issue a warrant for his arrest.
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)[F5The Crown Court may grant bail to any person]—
(a)who has been committed in custody for appearance before the Crown Court, or
(b)who is in custody pursuant to a sentence imposed by a magistrates’ court, and who has appealed to the Crown Court against his conviction or sentence, or
(c)who is in the custody of the Crown Court pending the disposal of his case by the Crown Court, or
(d)who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or
(e)who has applied to the High Court for an order of certiorari to remove proceedings in the Crown Court in his case into the High Court, or has applied to the High Court for leave to make such an application,
and the time during which a person is [F5released on] bail under any provision of this subsection shall not count as part of any term of imprisonment or detention under his sentence.
(5)Provision may be made by Crown Court rules as respects the powers of the Crown Court relating to bail, including any provision—
[F6(a)except in the case of bail in criminal proceedings, allowing the court, instead of requiring a person to enter into a recognizance to consent to his giving other security,]
(b)allowing the court to direct that a recognizance shall be entered into or other security given before a magistrates’ court or a justice of the peace, or, if the rules so provide, a person of such other description as is specified in the rules,
(c)prescribing the manner in which a recognizance is to be entered into or other security given, and the persons by whom and the manner in which the recognizance or security may be enforced,
(d)authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody in pursuance of the powers,
(e)making provision corresponding to sections 94 and 95 of the M1Magistrates’ Courts Act 1952 (varying or dispensing with requirements as to sureties, and postponement of taking recognizances).
Any reference in any enactment to a recognizance shall include, unless the context otherwise requires, a reference to any other description of security given instead of a recognizance, whether in pursuance of paragraph (a) above or otherwise.
(6)The Crown Court, on issuing a warrant for the arrest of any person, may endorse the warrant for bail, and in any such case—
(a)the person arrested under the warrant shall, unless the Crown Court otherwise directs, be taken to a police station, and
(b)the officer in charge of the station shall release him from custody if he, and any sureties required by the endorsement and approved by the officer, enter into recognizances of such amount as may be fixed by the endorsement.
[F7Provided that in the case of bail in criminal proceedings, the person arrested shall not be required to enter into a recognizance.]
(7)A person in custody in pursuance of a warrant issued by the Crown Court with a view to his appearance before the Crown Court shall be brought forthwith before either the Crown Court or a magistrates’ court, and if he is brought before a magistrates’ court—
(a)the court shall commit him in custody or release him on bail until he can be brought or appear before the Crown Court at the time and place appointed by the Crown Court,
(b)if the warrant is endorsed for bail, but the person in custody is unable to satisfy the conditions endorsed, the magistrates’ court may vary those conditions, if satisfied that it is proper to do so.
(8)Section 4 of the M2Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to process issued under this section as it applies to process issued under the M3Magistrates’ Courts Act 1952 by a magistrates’ court.
(9)A magistrates’ court shall have jurisdiction, and a justice of the peace may act, under or in pursuance of this section whether or not the offence was committed, or the arrest was made, within the court’s area, or the area for which he was appointed.
[F8(10) In this section “bail in criminal proceedings” has the same meaning as in the M4Bail Act 1976.]]
Textual Amendments
F3Words inserted by Bail Act 1976 (c. 63), Sch. 2 para. 48(1)(2)
F4S. 13(3) repealed by Bail Act 1976 (c. 63), Sch. 3
F5Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 48(1)(3)
F6S. 13(5)(a) substituted by Bail Act 1976 (c. 63), Sch. 2 para. 48(1)(4)
F7Proviso added by Bail Act 1976 (c. 63), Sch. 2 para. 48(1)(5)
Marginal Citations
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(1)Her Majesty may from time to time appoint as Circuit judges, to serve in the Crown Court and county courts and to carry out such other judicial functions as may be conferred on them under this or any other enactment, such qualified persons as may be recommended to Her by the Lord Chancellor.
(2)The maximum number of Circuit judges shall be such as may be determined from time to time by the Lord Chancellor with the concurrence of the Minister for the Civil Service.
(3)No person shall be qualified to be appointed a Circuit judge [F9unless—
[F10(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis;]
(b)he is a Recorder; or
(c)he has held as a full-time appointment for at least 3 years one of the offices listed in Part IA of Schedule 2.]
(4)Before recommending any person to Her Majesty for appointment as a Circuit judge, the Lord Chancellor shall take steps to satisfy himself that that person’s health is satisfactory.
(5)The provisions of Part I of Schedule 2 to this Act shall have effect with respect to the appointment as Circuit judges of the holders of certain judicial offices, and the supplementary provisions in Part II of that Schedule shall have effect.
Textual Amendments
F9S. 16(3)(a)–(c) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 31(1)
F10S. 16(3)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 9(2); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
Modifications etc. (not altering text)
C1S. 16(3)(c) modified by Courts and Legal Services Act 1990 (c. 41, SIF 37, 76:1), s. 125(6), Sch. 19 para. 5
[F11(1)Subject to subsection (4) below and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75), a Circuit judge shall vacate his office on the day on which he attains the age of 70.]
F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The Lord Chancellor may, if he thinks fit [F13and if the Lord Chief Justice agrees]F13, remove a Circuit judge from office on the ground of incapacity or misbehaviour.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
Textual Amendments
F11S. 17(1) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 8(2); S.I. 1995/631, art. 2
F12S. 17(2)(3) repealed (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 8(3)(4), Sch.9; S.I. 1995/631, art. 2
F13Words in s. 17(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 68; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
(1)Subject to Part II of Schedule 2 to this Act, there shall be paid to each Circuit judge such salary as may be determined by the Lord Chancellor with the consent of the Minister for the Civil Service.
(2)Every salary payable under this section—
(a)shall be charged on and paid out of the Consolidated Fund;
(b)shall begin from the date of appointment and accrue due from day to day;
(c)shall be payable at such intervals, not exceeding three months, as the Treasury may determine; and
(d)may be increased, but not reduced, by a further determination under this section.
F16(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)became a Circuit judge by virtue of having held any of the offices specified in paragraph 1 of Schedule 2 to this Act, and
(b)held that office before 10th May 1967 (that is to say before the passing of the M5Superannuation (Miscellaneous Provisions) Act 1967).
(5)There shall be paid to Circuit judges out of money provided by Parliament such allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.
Textual Amendments
F16S. 18(3) repealed by Courts and Legal Services Act 1990 (c. 41, SIF 37, 76:1), ss. 84(c), 125(7), Sch. 20
Modifications etc. (not altering text)
C2S. 18 modified (9.11.1998) by 1998 c. 42, s. 18(4)(d) (with ss. 7(8), 22(5))
S. 18 modified (27.9.1999) by 1999 c. 22, ss. 68(3)(a), 108(3)(b) (with Sch. 14 para. 7(2))
Marginal Citations
F18(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)The decision of the Minister for the Civil Service shall be final on any question arising with regard to—
(a)the application of any of the provisions of this section to any person, or
F21(b)(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19S. 19(5) repealed by Courts and Legal Services Act 1990 (c. 41, SIF 37, 76:1), s. 125(7), Sch. 20 (subject to a saving in s. 125(6), Sch. 19 para. 10(3))
F21S. 19(7) paragraphs (b) and (c) repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(2), Sch. 4
[F22(1)Every Circuit judge shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales, and the Lord Chancellor shall assign one or more Circuit judges to each district and may from time to time vary the assignment of Circuit judges among the districts.
(2)Subject to any directions given by or on behalf of the Lord Chancellor, in any case where more than one Circuit judge is assigned to a district under subsection (1) above, any function conferred by or under the M6County Courts Act 1959 on the judge for a district may be exercised by any of the Circuit judges for the time being assigned to that district.
(3)The following, that is—
every judge of the Court of Appeal,
every judge of the High Court,
every Recorder,
shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales and if he consents to do so, shall sit as such a judge at such times and on such occasions as the Lord Chancellor considers desirable.
(4)Notwithstanding that he is not for the time being assigned to a particular district, a Circuit judge—
(a)shall sit as a judge of that district at such times and on such occasions as the Lord Chancellor may direct; and
(b)may sit as a judge of that district in any case where it appears to him that the judge of that district is not, or none of the judges of that district is, available to deal with the case.]
(5)F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Nothing in this Act shall affect the operation, in relation to the superannuation and other benefits payable to or in respect of persons who ceased to be judges of county courts before the day appointed for the coming into force of section 16(5) of this Act, of any enactment repealed or amended by this Act.
Textual Amendments
F22S. 20(1)–(4) repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4
F23S. 20(5)(6) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
Marginal Citations
(1)Her Majesty may from time to time appoint qualified persons, to be known as Recorders, to act as part-time judges of the Crown Court and to carry out such other judicial functions as may be conferred on them under this or any other enactment.
(2)Every appointment of a person to be a Recorder shall be of a person recommended to Her Majesty by the Lord Chancellor, and no person shall be qualified to be appointed a Recorder unless [F24he satisfies the judicial-appointment eligibility condition on a 7-year basis.F24]
[F25(3)The appointment of a person as a Recorder shall specify the following—
(a)the term for which he is appointed;
(b)the frequency and duration of the occasions during that term on which he will be required to be available to undertake the duties of a Recorder;
(c)the circumstances in which the Lord Chancellor may—
(i)decline to extend the term of the appointment, or
(ii)terminate the appointment,
(other than those in subsection (4C)(a) or (b) and subsection (6)(a) or (b)).
(4)Circumstances may be specified under subsection (3)(c) in an appointment only if the Lord Chief Justice agrees.
(4A)Subject to subsections (4B) to (5), the Lord Chancellor must extend the term of a Recorder's appointment (including a term already extended under this subsection) before its expiry, for such term as the Lord Chancellor thinks appropriate.
(4B)The Lord Chancellor must not extend the term of a Recorder's appointment unless the Recorder agrees to the extension.
(4C)The Lord Chancellor may, with the agreement of the Lord Chief Justice, decline to extend the term of a Recorder's appointment on any of these grounds—
(a)the incapacity or misbehaviour of the Recorder;
(b)a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;
(c)one or more of the circumstances specified under subsection (3)(c) in his appointment applies.]
F25(5)Neither the initial term for which a Recorder is appointed nor any extension of that term under subsection (4) above shall be such as to continue his appointment as a Recorder after [F26the day on which he attains the age of seventy, but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).].
[F27(6)The Lord Chancellor may, with the agreement of the Lord Chief Justice, terminate the appointment of a Recorder on any of these grounds—
(a)the incapacity or misbehaviour of the Recorder;
(b)a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;
(c)one or more of the circumstances specified under subsection (3)(c) in his appointment applies.]
F27(7)There shall be paid to Recorders out of money provided by Parliament such remuneration and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.
Textual Amendments
F24Words in s. 21(2) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 9(3); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F25S. 21(3)-(4C) substituted (3.4.2006) for s. 21(3)(4) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 69(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
F26Words in s. 21(5) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 9(1); S.I. 1995/631, art. 2
F27S. 21(6) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 69(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
(1)Subject to the following provisions of this section, every Circuit judge and every Recorder shall take the oath of allegiance and the judicial oath; and the M7Promissory Oaths Act 1868 shall have effect as if the officers named in the Second Part of the Schedule to that Act included Circuit judges and Recorders.
(2)Notwithstanding anything in the M8Promissory Oaths Act 1871, a Circuit judge shall take the oaths referred to in subsection (1) above before the [F28Lord Chief Justice], and a Recorder shall take those oaths before a judge of the Court of Appeal or of the High Court or a Circuit judge.
(3)Nothing in this section shall require an oath to be taken by a person who becomes a Circuit judge in accordance with any provision of Part I of Schedule 2 to this Act.
[F29(3A)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).]
Textual Amendments
F28Words in s. 22(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 70(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
F29S. 22(3A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 70(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
Marginal Citations
(1)If requested to do so by or on behalf of the Lord Chancellor, a Circuit judge or Recorder shall sit as a judge of the High Court for the hearing of such case or cases or at such place and for such time as may be specified by or on behalf of the Lord Chancellor.
(2)So long as a Circuit judge or Recorder sits as a judge of the High Court in pursuance of a request under this section he shall be treated, subject to subsection (3) below, for all purposes as, and accordingly may perform any of the functions of, a puisne judge of the High Court.
(3)A Circuit judge or Recorder sitting as a judge of the High Court in pursuance of a request under this section shall not be treated as a judge of the High Court for the purpose of any provision made by or under any enactment and relating to—
(a)the appointment, retirement, removal or disqualification of judges of the High Court,
(b)the tenure of office and oaths to be taken by such judges, or
(c)the remuneration, allowances or pensions of such judges.
(4)Where a Circuit judge or Recorder is requested to sit as a judge of the High Court for a period of time then, notwithstanding the expiry of that time, he may attend at the High Court for the purpose of continuing to deal with, giving judgment in, or dealing with any ancillary matter relating to, any case which may have been begun before him when sitting as a judge of that court, and for that purpose and for the purpose of any proceedings subsequent thereon he shall be treated as a judge of the High Court.]
Textual Amendments
F30S. 23 repealed (E.W.) by Supreme Courts Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
(1) If it appears to [F33 him ] F33 that it is expedient as a temporary measure to make an appointment under this section in order to facilitate the disposal of business in the Crown Court or [F34county court or any other court or tribunal to which a person appointed under this subsection may be deployed] or official referees’ business in the High Court, F35 ...—
[F36(a)the [F37Lord Chief Justice may, with the concurrence of the Lord Chancellor, ] appoint to be a deputy Circuit judge, during such period or on such occasions as the Lord Chancellor thinks fit, any person who has held office as a judge of the Court of Appeal or of the High Court or as a Circuit judge;]
F38( b ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39 [( 1A )No appointment of a person under subsection (1) above shall be such as to[F40, or be extended under subsection (5B) below so as to, ] extend—
(a)F41 ... beyond the day on which he attains the age of seventy-five F42 ... ]
(2) Except as provided by subsection (3) below, during the period or on the occasions for which a deputy Circuit judge F43 ... is appointed under this section he shall be treated for all purposes as, and accordingly may perform any of the functions of, a Circuit judge F44 ....
(3) A deputy Circuit judge appointed under this section shall not be treated as a Circuit judge for the purpose of any provision made by or under any enactment and relating to the appointment, retirement, removal or disqualification of Circuit judges, the tenure of office and oaths, to be taken by such judges, or the remuneration, allowances or pensions of such judges F45 ....
F46( 4 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) There shall be paid out of money provided by Parliament to deputy Circuit judges F47 ... appointed under this section such remuneration and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine. ]
[F48(5A)A person may be removed from office as a deputy Circuit judge—
(a)only by the Lord Chancellor with the agreement of the Lord Chief Justice, and
(b)only on—
(i)the ground of inability or misbehaviour, or
(ii)a ground specified in the person's terms of appointment.
(5B)Subject to subsections (1A) and (5C), the Lord Chancellor must extend the period of a person's appointment as a deputy Circuit judge (including a period already extended under this subsection) before its expiry; and for this purpose a person appointed to be a deputy Circuit judge on certain occasions is to be treated as having been appointed for a period that expires when the occasions end.
(5C)Extension under subsection (5B)—
(a)requires the person's agreement,
(b)is to be for such period as the Lord Chancellor thinks fit, and
(c)may be refused on—
(i)the ground of inability or misbehaviour, or
(ii)a ground specified in the person's terms of appointment,
but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.
(5D)Subject to the preceding provisions of this section, a person appointed under this section is to hold and vacate office as a deputy Circuit judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.]
[F49(6) The Lord Chief Justice may nominate a [F50senior judge (as defined in section 109(5)] of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a) [F51or (5A)(a)]. ] F49
Textual Amendments
F31 S. 24 with subsections (1)–(5) substituted (E.W.) for s. 24 with subsections (1)–(6) by Supreme Court Act 1981 (c. 54, SIF 37) , s. 146
F32 Words in s. 24 heading omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(2)(e) ; S.I. 2013/1725 , art. 2(g)
F33 Word in s. 24(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4) , ss. 15 , 148 , Sch. 4 para. 71(2)(a) ; S.I. 2006/1014 , art. 2(a) , Sch. 1 para. 11(e)
F34Words in s. 24(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 34(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
F35 Words in s. 24(1) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4) , ss. 15 , 146 , 148 , Sch. 4 para. 71(2)(b) , Sch. 18 Pt. 2 ; S.I. 2006/1014 , art. 2(a) , Sch. 1 paras. 11(e) , 30(b)
F36 S. 24(1)(a) substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15) , ss. 55 , 148
F37Words in s. 24(1)(a) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 34(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
F38 S. 24(1)(b) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(1) ; S.I. 2013/1725 , art. 2(g)
F39 S. 24(1A) inserted (31.3.1995) by 1993 c. 8 , s. 26 , Sch. 6 para. 9(2) ; S.I. 1995/631 , art. 2
F40Words in s. 24(1A) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 34(4); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
F41 Words in s. 24(1A) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(2)(a)(i) ; S.I. 2013/1725 , art. 2(g)
F42 Words in s. 24(1A) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(2)(a)(ii) ; S.I. 2013/1725 , art. 2(g)
F43 Words in s. 24(2) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(2)(b)(i) ; S.I. 2013/1725 , art. 2(g)
F44 Words in s. 24(2) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(2)(b)(ii) ; S.I. 2013/1725 , art. 2(g)
F45 Words in s. 24(3) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(2)(c) ; S.I. 2013/1725 , art. 2(g)
F47 Words in s. 24(5) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 13 para. 89(2)(d) ; S.I. 2013/1725 , art. 2(g)
F48S. 24(5A)-(5D) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 34(5); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
F49 S. 24(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4) , ss. 15 , 148 , Sch. 4 para. 71(3) ; S.I. 2006/1014 , art. 2(a) , Sch. 1 para. 11(e)
F50Words in s. 24(6) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 34(6)(a); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
F51Words in s. 24(6) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 34(6)(b); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
(1)After the appointed day no person shall be appointed to the office of official referee and on and after that day functions conferred on official referees by provisions of rules of the Supreme Court, or by any other provision, shall be discharged in accordance with the provisions of this section.
(2)Such of the Circuit judges as the Lord Chancellor may from time to time determine shall discharge the said functions conferred on official referees.
(3)The cases in which jurisdiction or powers of the High Court or a judge of the High Court may be exercised by official referees, whether by virtue of rules of court made under section 15 of the M9Administration of Justice Act 1956 or otherwise, shall be known as “official referees’ business”, and except where the context otherwise requires, any reference in any enactment, in rules of court or in any other document to an official referee shall, in accordance with this section, be construed as, or where the context requires as including, a reference to a Circuit judge discharging the functions of an official referee.
(4)Subject to rules of court, the distribution of official referees’ business, performed in accordance with this section, shall be determined in accordance with directions given by or on behalf of the Lord Chancellor.]
Textual Amendments
Marginal Citations
Modifications etc. (not altering text)
C3Pt. 4 functions tranferred (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887, arts. 1(2), 4, Sch. 1
(1)On and after the appointed day the following officers shall be appointed by the Lord Chancellor, with the concurrence of the Minister for the Civil Service as to numbers and salaries,—
(a)the masters, assistant masters and registrars specified in Part I of Schedule 3 to the M10Judicature Act 1925, other than the Master of the Court of Protection (for whose appointment by the Lord Chancellor provision is made by section 100 of the M11Mental Health Act 1959);
(b)the Queen’s coroner and attorney and master of the Crown Office;
(c)the registrar, assistant registrars and deputy assistant registrars of criminal appeals;
(d)the admiralty registrar;
(e)chancery registrars and assistant chancery registrars; and
(f)district probate registrars.
(2)The person appointed to the office of Queen’s coroner and attorney and master of the Crown Office shall, by virtue of his appointment, be a master of the Supreme Court (Queen’s Bench Division).
(3)In section 122 of the Judicature Act 1925 (which relates to certain additional duties of the senior master of the Queen’s Bench Division) for the words “The senior master” there shall be subtituted the words “The Lord Chancellor shall appoint one of the masters” and after the word “Division)”there shall be inserted the words “to be the senior master and the person so appointed”.
(4)In section 128A of the Judicature Act 1925 (which relates to the office of district probate registrar) for any reference in subsection (2) or subsection (3) to the President of the family dvision thre shall be substituted a reference to the Lord Chancellor.]
Textual Amendments
Modifications etc. (not altering text)
C4The text of ss. 26(3)(4), 51(2), 53(5) and 56(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F54S. 27 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 139(a), Sch. 10; S.I. 2005/910, art. 3(y)(aa) and s. 27(9) amended (with effect only until the aforementioned repeal comes fully into force in accordance with Sch. 4 para. 361 of the amending Act) by 2005 c. 4, ss. 15(1), 148(1), Sch. 4 para. 366; S.I. 2006/1014, arts. 2(a), Sch. 1 para. 11(cc)
F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F55S. 28 repealed (1.4.2005) by Courts Act 2003 (c. 29), ss. 109(1)(3), 110, Sch. 8 para. 139(b), Sch. 10; S.I. 2005/910, art. 3(y)(aa)
(1)The courthouse and accommodation which up to the appointed day have been respectively known as the Central Criminal Court and the Mayor’s and City of London Court shall continue to be known by those names, and it shall be the duty of the Common Council of the City of London (in this section referred to as “the Common Council”) to continue to make the said premises available for use for the sittings and business of those courts respectively.
(2)The Common Council shall not undertake any alteration or extension of the buildings or accommodation which they are to make available for the purpose of the said courts, or provide further accommodation for that purpose, without the consent of the [F56Secretary of State]F56.
(3)The duties imposed by this section on the Common Council may at any time be varied, restricted or terminated by agreement between the [F56Secretary of State]F56 and the Common Council.
Textual Amendments
F56Words in s. 29 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 1(2), 9, Sch. 2 para. 2(1)
The [F57Secretary of State]F57 may constitute, on a permanent or temporary basis, one or more advisory committees to advise him on such questions relating to the [F58Senior Courts]F58 and [F59the county court] as he may from time to time refer to them, and shall appoint the members of any such committee with regard to their knowledge of the work of the courts and social conditions.
Textual Amendments
F57Words in s. 30 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 1(2), 9, Sch. 2 para. 2(1)
F58Words in s. 30 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(b)(d)
F59Words in s. 30 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 74; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Textual Amendments
F60Ss. 31–40 repealed by Juries Act 1974 (c. 23), Sch. 3
F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F61S. 41 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
(1)F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F62S. 42(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
F63S. 42(2)(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 24; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F64S. 42(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F65S. 43 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
(1)The following offices are hereby abolished:—
(a)chairman and deputy chairman of county quarter sessions; recorder, and deputy, assistant or temporary recorder, of a borough (but not the Recorder of London); clerk and deputy clerk of the peace;
(b)any judicial or other office in a court abolished or merged with the High Court by the preceding provisions of this Part of this Act, other than the office of Vice-Chancellor of the County Palatine of Lancaster;
(c)clerk of assize, circuit bailiff and any other office the duties of which relate exclusively to courts of assize.
(2)The Lord Chancellor may, with the concurrence of the Minister for the Civil Service, by regulations provide for the payment out of money provided by Parliament of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments which is attributable—
(a)to the preceding provisions of this section, or
(b)to the abolition or merger of any court (including courts of assize, courts of quarter sessions and Palatine courts) by this Act, or
(c)to the transfer by this Act of any function to the Lord Chancellor or to any other Minister.
(3)Regulations under this section may—
(a)include provision as to the manner in which and the person to whom any claim for compensation under the regulations is to be made, and for the determination of all questions arising under the regulations,
(b)make special provision for persons who, but for any national service, would be holders of any office or engaged in any employment,
(c)make different provision for different classes of persons and for other different circumstances, and make, or authorise the Lord Chancellor to make, exceptions and conditions,
(d)be framed so as to have effect from a date earlier than the making of the regulations,
but so that regulations having effect from a date earlier than their making shall not place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.
(4)Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
Textual Amendments
F67S. 46 repealed by Patents Act 1977 (c. 37), Sch. 6
Textual Amendments
F68Ss. 47–49, 51(1) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
Textual Amendments
F69S. 50 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70
(2)Schedule 6 to this Act, which amends enactments about costs, shall have effect.
Textual Amendments
F70Ss. 47–49, 51(1) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
Modifications etc. (not altering text)
C5The text of ss. 26(3)(4), 51(2), 53(5) and 56(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71
(3)Where—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72
(b)a complaint is made to a justice of the peace [F73acting in any local justice area]F73 but the complaint is not proceeded with,
a magistrates’ court [F74acting in that area]F74 may make such order as to costs to be paid . . . F75, by the complainant to the defendant as it thinks just and reasonable.
F76(3A ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)An order under subsection (3) above shall specify the amount of the costs ordered to be paid.
(5) . . . F75 for the purpose of enforcement an order under subsection (3) above made in relation to a complaint which is not proceeded with shall be treated as if it were an order made under [F77section 64 of the Magistrates’ Courts Act 1980] (power to award, and enforcement of, costs in civil proceedings).
Textual Amendments
F71S. 52(1)(2) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
F72S. 52(3)(a) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
F73Words in s. 52(3)(b) substituted (1.4.2005) by Courts Act 2003 (c. 29), ss. 109(1), 110, Sch. 8 para. 140(a); S.I. 2009/910, art. 3(y)
F74Words in s. 52(3) substituted (1.4.2005) by Courts Act 2003 (c. 29), ss. 109(1), 110, Sch. 8 para. 140(b); S.I. 2005/910, art. 3(y)
F75Words repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
F76S. 52(3A) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 19; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F77Words substituted by Magistrates Courts' Act 1980 (c. 43, SIF 82), s. 154(1), Sch. 7 para. 96
F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F78S. 53 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
(1)The council of a borough shall have power to appoint a person to be honorary recorder of the borough.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79
(3)A person shall not be qualified to hold office as an honorary recorder of a borough . . . F80 unless he is a Circuit judge or Recorder (that is to say a Recorder appointed under this Act):
Provided that this subsection shall not apply to a borough which immediately before the appointed day—
(a)had power by charter to appoint a recorder of the borough, and
(b)did not have a separate court of quarter sessions.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79
Textual Amendments
F79S. 54(2)(4) repealed by Local Government Act 1972 (c. 70), Sch. 30
F80Words repealed by Local Government Act 1972 (c. 70), Sch. 30
(1)There shall be paid out of money provided by Parliament, or out of the Consolidated Fund, any increase attributable to the provisions of this Act in the sums respectively so payable under any other enactment.
(2)There shall be paid out of money provided by Parliament any sums payable by any Minister under or by virtue of this Act.
(3)Any sum payable under this Act to the Lord Chancellor or any other Minister shall be paid into the Consolidated Fund.
(4)F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F81S. 55(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
(1)Schedule 8 to this Act (which contains consequential and other amendments) shall have effect.
(2)In the enactments listed in Schedule 9 to this Act (which confer jurisdiction transferred to the Crown Court) for any reference to quarter sessions there shall be substituted a reference to the Crown Court.
This subsection applies to references to quarter sessions however expressed and in particular to any reference to “the next court of quarter sessions”, or to the quarter sessions for any particular area, or to any sessions which, by section 13(14) of the M12Interpretation Act 1889, were included in the expression “court of quarter sessions”.
(3)Schedule 10 to this Act, which contains transitional provisions, shall have effect.
(4)The enactments specified in Schedule 11 to this Act (which includes certain obsolete or unnecessary enactments) are hereby repealed to the extent specified in the third column of that Schedule, but subject to any proviso at the end of that Schedule.
Modifications etc. (not altering text)
C6The text of ss. 26(3)(4), 51(2), 53(5) and 56(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
(1)In this Act, unless the context otherwise requires—
the “appointed day” means the commencement of this Act which, as provided by this Act, may be a different date for different purposes,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82
“sentence”, in relation to an offence, includes any order made by a court when dealing with an offender including—
a hospital order under [F83Part III of the Mental Health Act 1983], with or without an order restricting discharge, and
a recommendation for deportation made when dealing with an offender.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84
(3)Except where the context otherwise requires, in this or any other Act—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85
(b)any reference to the courts abolished by this Act shall include a reference to the Lancaster Palatine Court and the Durham Palatine Court (which are abolished on merger with the High Court).
(4)Except where the context otherwise requires, in any Act passed after this Act the expression “recorder” shall not include the Recorder of London or an honorary recorder of a borough.
(5)Any power of making orders contained in any provision of this Act shall include power to vary or revoke an order made under that provision.
(6)It is hereby declared that any power conferred by this Act on the Lord Chancellor or any other authority to give directions includes a power to vary or rescind any direction so given.
(7)Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.
Textual Amendments
F82Definition of “the Judicature Act 1925” repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
F83Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148(1), Sch. 4 para. 28
F84S. 57(2) repealed by Criminal Law Act 1977 (c. 45), Sch. 13
F85S. 57(3)(a) repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
Textual Amendments
(1)This Act may be cited as the Courts Act 1971.
(2)F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The following provisions of this Act, and no others, shall extend to Scotland—
(a)F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89
(c)any provision of this Act affecting the operation of the law of Scotland in relation to courts in England and Wales,
(d)the provisions of this Act about interpretation and commencement,
(e)F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The following provisions of this Act, and no others, shall extend to Northern Ireland—
(a)F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92
(c)any provision of this Act affecting the operation of the law of Northern Ireland in relation to courts in England and Wales,
(d)the provisions of this Act about interpretation and commencement,
(e)Schedule 8 to this Act so far as it amends F93... section 30 of the M13Petty Sessions (Ireland) Act 1851.
(7)Schedule 8 to this Act shall extend to the Isle of Man and the Channel Islands so far as it amends section 13 of the M14Indictable Offences Act 1848.
Textual Amendments
F87S. 59(2)-(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
F88S. 59(5)(a) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
F90S. 59(5)(e) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
F91S. 59(6)(a) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
F92S. 59(6)(b) repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 3 Pt. I
F93Words in s. 59(6)(e) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F94Sch. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
Section 16.
1E+WF95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F95Sch. 2 Pt. 1 para. 1 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
2(1)Any person who, being appointed Recorder of London after the appointed day, is appointed by Her Majesty to exercise judicial functions shall, by virtue of that appointment, be a Circuit judge.E+W
(2)Any person who after the appointed day is appointed by Her Majesty to be the Common Serjeant shall, by virtue of that appointment, be a Circuit judge.
3(1)Subject to sub-paragraph (2) below, section 17 of this Act shall apply to the holder of any judicial office who becomes a Circuit judge as mentioned in this Part of this Schedule as it applies to a Circuit judge appointed under section 16 of this Act.E+W
(2)In the case of any person who becomes a Circuit judge as mentioned in this Part of this Schedule F96... nothing in section 17 of this Act shall have the effect of depriving him of the office by virtue of which, or by virtue of his appointment to which, he becomes a Circuit judge.
Textual Amendments
F96Words in Sch. 2 Pt. 1 para. 3(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
Textual Amendments
F97Sch. 2 Pt. IA inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 31(2)
Social Security Commissioner appointed under section 97 of the M15 Social Security Act 1975.
President of Social Security Appeal Tribunals and Medical Appeal Tribunals or Chairman of such a tribunal appointed under Schedule 10 to that Act.
F98 [ President of the Employment Tribunals (England and Wales) or member of a panel of [F99Employment Judges] established by regulations under section 1(1) of the M16 Employment Tribunals Act 1996 for employment tribunals for England and Wales. ]
Textual Amendments
F98Sch. 2 Pt. IA entry substituted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 1; S.I. 1998/1658, art. 2, Sch. 1
F99Words in Sch. 2 Pt. 1A substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 13(1); S.I. 2013/2200, art. 3(g)
Marginal Citations
President or member of the Immigration Appeal Tribunal appointed under Schedule 5 to the Immigration Act M17 1971.
F100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F100Sch. 2 para. 1A entry omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), arts. 1, 5(1)(2), Sch. 1 para. 98 (with Sch. 5)
President of Pensions Appeal Tribunals appointed under the Schedule to the Pensions Appeal Tribunals Act M18 1943.
F101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F101Sch. 2 Pt. 1A entry omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), arts. 1(2), 3, Sch. 1 para. 63
F102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F102Sch. 2 Pt. 1A entry omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), arts. 1(2), 3, Sch. 1 para. 63(b)
[F103Senior coroner appointed under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009 ]
Textual Amendments
F103Words in Sch. 2 Pt. 1A substituted (25.7.2013) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(e), Sch. 21 para. 22 (with s. 180); S.I. 2013/1869, art. 2(o)(xi)
Master of the Queen’s Bench Division.
Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals.
Admiralty Registrar.
Master of the Chancery Division.
[F104Insolvency and Companies Court Judge] .
Textual Amendments
F104Words in Sch. 2 Pt. 1A substituted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 4
Taxing Master of the [F105 Senior Courts ] F105 .
Textual Amendments
F105Words in Sch. 2 Pt. IA substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(b)(d)
District judge of the principal registry of the Family Division.
Registrar of Civil Appeals.
F106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F106Sch. 2 Pt. 1A: reference to a "Master of the Court of Protection" repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1)(2), 68(1), Sch. 6 para. 17, Sch. 7 (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(c)(d)
District judge.
[F107District Judge (Magistrates’ Courts)]]
Textual Amendments
F107Words in Sch. 2 Pt. IA substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 19 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3
4(1)If and so long as any holder of the office of Vice-Chancellor of the County Palatine of Lancaster is also a Circuit judge (whether by virtue of paragraph 1 above or otherwise), he shall take judicial precedence next after the judges of the High Court.E+W
(2)Notwithstanding the repeal by this Act of section 14(1) of the M19Administration of Justice Act 1928, paragraph (d) of that subsection (terms of appointment of Vice-Chancellor of the County Palatine of Lancaster) shall continue to apply in relation to the person who is the holder of that office on the appointed day (but not in relation to any subsequent holder of that office) and shall on and after that day apply in relation to him not only in his capacity as Vice-Chancellor but also in his capacity as a Circuit judge; and accordingly, and without prejudice to paragraph 3(2) above, section 17(4) of this Act shall not apply in relation to that person.
(3)Without prejudice to paragraph 8 below, the Lord Chancellor, with the consent of the Minister for the Civil Service, may make such arrangements as seem to him to be appropriate to secure that the superannuation benefits payable to or in respect of the person who, on the appointed day, holds office as Vice-Chancellor of the County Palatine of Lancaster are not less favourable than those which he enjoyed immediately before the appointed day; and any such arrangements may provide for the cost of those benefits to be defrayed in part by the Duchy of Lancaster.
(4)Rules under section 39A of the M20Superannuation Act 1965 (provision for superannuation benefits payable to or in respect of persons employed in two or more judicial offices of specified descriptions) may make provision with respect to the superannuation benefits payable to or in respect of any person who, immediately before the appointed day, held office as registrar or assistant registrar of the Lancaster Palatine Court, as if his office were included in those specified in paragraphs (a) to (i) of subsection (3) of that section.
5E+WNothing in section 16, section 18(1) or section 19 of this Act shall apply to the manner of appointment or remuneration of, or the pensions and other benefits payable to or in respect of, any person holding office as Recorder of London or Common Serjeant and accordingly those matters shall continue to be provided for as mentioned in Parts II and III of the M21City of London (Courts) Act 1964.
Modifications etc. (not altering text)
C7Paras. 5–8 extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(2)
Marginal Citations
6E+WAfter the appointed day no person shall be appointed an additional judge of the Central Criminal Court under . . . F108 the City of London (Courts) Act 1964, but section 7 of that Act (remuneration and pensions of additional judges and holders of certain other judicial offices) shall continue on and after the appointed day to apply in relation to any person who, immediately before that day, held office as such an additional judge, notwithstanding that he becomes a Circuit judge, and accordingly sections 18(1) and 19 of this Act shall not apply in relation to any such person.
Textual Amendments
F108Words repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. XIII
Modifications etc. (not altering text)
7E+WOn the appointed day section 14 of the M22City of London (Courts) Act 1964 (appointment and removal of the assistant judge of the Mayor’s and City of London Court) shall cease to have effect, but so much of section 18(3) of that Act as provides for the payment of the remuneration of, and any pension or other benefits payable to or in respect of, the assistant judge shall continue on and after the appointed day to apply to the person who immediately before that day held office as the assistant judge of the Mayor’s and City of London Court, and accordingly sections 18(1) and 19 of this Act shall not apply in relation to that person.
Modifications etc. (not altering text)
C9Paras. 5–8 extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(2)
Marginal Citations
8E+WF109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F109Sch. 2 Pt. 2 para. 8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
9(1)Subject to the preceding provisions of this Part of this Schedule, for the purpose of determining—E+W
(a)the annual pension payable to a Circuit judge under section [F1105 of the Judicial Pensions Act 1981], or
(b)any such derivative benefit payable to or in respect of him as is referred to in [F111section 19(5) of this Act],
service before the day appointed for the purposes of section 16 of this Act in any of the judicial offices specified in paragraph 1(2) above, and service (before 1st April 1965) as a salaried chairman or deputy chairman of the court of quarter sessions for the county of London or of Middlesex, shall be treated as service as a Circuit judge.
(2)Subject to sub-paragraph (3) below, in any case where—
(a)any such pension or derivative benefit as is referred to in sub-paragraph (1) above becomes payable to or in respect of any person; and
(b)the period of that person’s service which falls to be taken into account in determining the amount of that pension or benefit includes, by virtue of sub-paragraph (1) above, service in any judicial office specified in paragraph 1(2) above,
rules made by the Lord Chancellor with the consent of the Minister for the Civil Service may make provision for the payment of contributions towards the cost of the superannuation benefits payable to or in respect of that person by any authority which, before the appointed day, was responsible, directly or indirectly, for meeting the whole or any part of the cost of the superannuation benefits payable to or in respect of former holders of that office.
(3)Rules made under sub-paragraph (2) above shall not require the payment of any contribution in the case of a person who serves at least fifteen completed years as a Circuit judge, disregarding any period of service taken into account by virtue of sub-paragraph (1) above.
(4)The power to make rules under sub-paragraph (2) above shall be exercisable by statutory instrument, and any statutory instrument containing any such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F110Words substituted by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(3)
F111Words substituted by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F112Sch. 3 repealed (1.4.2005) by Courts Act 2003 (c. 29), ss. 109(1)(3), 110, Sch. 8 para. 139(c), Sch. 10; S.I. 2005/910, art. 3(y)(aa)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F118Sch. 4 repealed by Juries Act 1974 (c. 23), Sch. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F119Sch. 5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
Section 51.
1—5.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120
Textual Amendments
F120Sch. 6 paras. 1–5 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
6E+WF121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F121Sch. 6 para. 6 repealed (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(4)
7E+WF122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F122Sch. 6 para. 7 repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, arts. 1(2), 2(2) (with art. 4)
8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123
Textual Amendments
F123Sch. 6 para. 8 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
9(1)In section 32 of the M32Criminal Justice Act 1967, in subsection (2), for the words from the beginning to “said Act of 1966” there shall be substituted the words “Section 5 of the Costs in Criminal Cases Act 1952 (costs awarded by magistrates’ courts out of central funds), section 26 of the Criminal Appeal Act 1968 (payment of expenses of witnesses in connection with criminal appeals out of central funds), section 33 of the M33Courts-Martial (Appeals) Act 1968” and after the words “Courts-Martial Appeal Court)” there shall be inserted the words “and section 47 of the Courts Act 1971 (costs awarded by Crown Court out of central funds)”.E+W
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F124
Textual Amendments
F124Sch. 6 para. 9(2) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
Modifications etc. (not altering text)
C10The text of Schedule 6 paras. 6, 7, 9(1), 12 and 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
10E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125
Textual Amendments
F125Sch. 6 para. 10 repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I
11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126
Textual Amendments
F126Sch. 6 para. 11 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
12E+WIn paragraph 30 of Schedule 2 to the M34Gaming Act 1968 (awards of costs of licensing authority out of local funds), in sub-paragraph (2), for the words “local funds” there shall be substituted the words “central funds”.
Modifications etc. (not altering text)
C11The text of Schedule 6 paras. 6, 7, 9(1), 12 and 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
13E+WF127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F127Sch. 6 para. 13 repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, arts. 1(2), 2(2) (with art. 4)
Section 53.
[F1281E+WIn section 16 of the Justices of the Peace Act 1949, paragraph (b) of the proviso to subsection (2), subsection (5) from the words “so however” onwards and subsection (6)(a) shall be omitted.]
Textual Amendments
F128Sch. 7 paras. 1–3 repealed (E.W.) by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3
Modifications etc. (not altering text)
C12The text of Schedule 7 paras. 1–5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
2(1)In Schedule 4 to that Act, in paragraph 1, in sub-paragraph (1) after the word “composed”there shall be inserted the words “subject to sub-paragraph (2) below”, and at the end of sub-paragraph (1)there shall be inserted the following sub-paragraph:—E+W
“(2)The magistrates’ courts committee for any area may, with his consent, co-opt a judge of the High Court, Circuit judge or Recorder to serve as a member of the committee”.
(2)Paragraphs 1(3) and 4 of that Schedule shall be omitted.
Modifications etc. (not altering text)
C13The text of Schedule 7 paras. 1–5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
3E+WFor paragraph 5 of Schedule 4 to that Act there shall be substituted the following paragraph:—
5.Where the magistrates for a county are required to meet for the purpose of carrying out any functions under the preceding paragraphs, a meeting shall be convened by the magistrates’ courts committee or, if there is no such committee in being or the Secretary of State considers it appropriate, by the Secretary of State.
Modifications etc. (not altering text)
C14The text of Schedule 7 paras. 1–5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
4E+WF129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F129Sch. 7 para. 4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
5E+WF130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F130Sch. 7 para. 5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131
Textual Amendments
F131Sch. 7 para. 6 repealed by Local Government Act 1972 (c. 70), Sch. 30
7, 8.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132
Textual Amendments
9E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133
Textual Amendments
Section 56.
1(1)Any function of courts of quarter sessions, or of committees of quarter sessions, which relates—E+W
(a)to the deposit of plans or documents, other than those relating to judicial business, or
(b)to the keeping of records other than those relating to judicial business, or
(c)to any other matter which is not of a judicial nature,
shall be transferred to the local authorities for the areas to which those matters relate.
(2)Any function of clerks of the peace, or deputy clerks of the peace, relating to any of the matters mentioned in sub-paragraph (1) above shall be transferred to the clerks of the local authorities for the areas to which those matters relate.
(3)The preceding provisions of this paragraph are without prejudice to—
(a)sections 3 and 31 of the M35Local Government Act 1888 (which transferred certain quarter sessions functions to councils of counties or county boroughs), and
(b)section 101 of the M36Local Government Act 1933 (which transferred certain functions of clerks of the peace to clerks of county councils).
(4)References in this paragraph to local authorities—
(a)do not include the Greater London Council,
(b)include county councils, but not any authority for a part of a county:
Provided that as respects matters in the Isles of Scilly the Council of the Isles of Scilly shall be the local authority.
(5)So far as any matter referred to in this paragraph relates to the Inner Temple or the Middle Temple, references in this paragraph to local authorities, or to clerks of local authorities, are references to the Sub-Treasurer of the Inner Temple or, as the case may be, the Under-Treasurer of the Middle Temple.
Modifications etc. (not altering text)
C15Certain functions exercisable by virtue of para. 1 of Sch. 8 transferred by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 25
Marginal Citations
2(1)In any enactment or other instrument for any reference or expression in the first column of the Table below there shall be substituted the relevant reference or expression in the second column of the Table.E+W
(2)Sub-paragraph (1) above applies to Acts or instruments passed or made before the appointed date or later.
(3)The preceding provisions of this paragraph apply subject to the provisions of this Act, and only except where the context otherwise requires, and in particular do not apply in relation to a sentence imposed, or other thing done, by a court before the appointed day.
Reference | Substituted reference |
---|---|
1E+WCourt of gaol delivery or of oyer and terminer. | The Crown Court. |
2E+WCourt of assize, or assizes, where the context does not relate to civil jurisdiction. | The Crown Court. |
3E+WCourt of assize, or assizes, where the context relates either to criminal or civil jurisdiction, or relates exclusively to civil jurisdiction. | The Crown Court or the High Court, or as the case may be the High Court and not the Crown Court. |
4E+WCourt of quarter sessions, or committee of a court of quarter sessions, except in relation to functions transferred to some authority other than the Crown Court. This paragraph applies to references to courts of quarter sessions, however expressed, and applies in particular to any reference to “the next court of quarter sessions”, or to the quarter sessions for any particular area, or to any sessions which, by section 13(14), of the M37Interpretation Act 1889, were included in the expression “court of quarter sessions”. | The Crown Court. |
5E+WJudge or commissioner of assize, or judge acting during assizes. | The Crown Court or the High Court, or both, according as the reference is to criminal jurisdiction, or civil jurisdiction, or to both. |
6E+WChairman or deputy chairman of quarter sessions. | The Crown Court. |
7E+WRecorder, or deputy, assistant or temporary recorder, of a borough (but not the Recorder of London). | (a)Where the context implies a reference to jurisdiction of the Crown Court, the Crown Court. (b)Where the context implies a reference to any judicial function not related to a court of quarter sessions (or the Crown Court) such Circuit judge or Recorder as the [F134Lord Chief Justice]F134 may nominate for the purpose. (c)In any other case, such local authority, member of a local authority or officer of a local authority as the [F134Lord Chief Justice]F134 may nominate. |
8E+WCounty court judge. | A judge assigned to a county court district, or acting as a judge so assigned. |
9E+WThe judge or chairman of the court where the court is the Crown Court and comprises justices of the peace and the reference was applicable before the appointed day to county quarter sessions and meant the chairman or acting chairman of the bench. | The judge presiding in the Crown Court proceedings. |
10E+WClerk of assize or other officer whose duties related exclusively to the criminal jurisdiction of courts of assize. | The appropriate officer of the Crown Court. |
11E+WClerk of the peace or deputy clerk of the peace, except in relation to functions transferred to local authorities or officers of local authorities. | The appropriate officer of the Crown Court. |
12E+WClerk of the court where the court is the Crown Court. | The appropriate officer of the Crown Court. |
13E+WA borough having a separate court of quarter sessions. | A borough which, immediately before the appointed day, had a separate court of quarter sessions. |
14E+WAny period limited by reference to the next sitting, or the beginning or end of the next sitting, of a court of quarter sessions. | 30 days or such other period as the [F134Lord Chief Justice]F134 may direct. |
15E+WAny right to apply to a court of quarter sessions limited to a specified sitting of the court next after, or in the calendar year of, a 21st or other anniversary of an enclosure award or other event. | A right to apply to the Crown Court within twleve months from the anniversary. The Crown Court may modify or supersede any associated time limit for the giving of notice of the application, or for the confirmation of any decision on the application. |
16E+WAny reference to local funds in the context of a reference to the M38Costs in Criminal Cases Act 1952. | Central funds, that is to say money provided by Parliament. |
Nothing in the Table above shall be taken as affecting any enactment which, as respects any judicial or other office abolished by this Act, provides for—
(a)the appointment, retirement, or removal of the officer, or
(b)the tenure of office and oaths to be taken by any such officer, or
(c)the remuneration, allowances or pensions of any such officer;
and nothing in the Table above shall apply to any reference to records of any court.
Textual Amendments
F134Words in Sch. 8 para. 2 Table substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 72; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
Marginal Citations
3(1)The Lord Chancellor may by order in a statutory instrument provide for such amendments or repeals of provisions of any local Act as appears to him required to give effect to the provisions of this Act.E+W
(2)An order under this paragraph may, in particular, provide, if in the opinion of the Lord Chancellor there are special circumstances justifying it, for any jurisdiction of a court of quarter sessions under any local Act to be abolished, or transferred otherwise than to the Crown Court.
(3)An order under this paragraph may contain such transitional and other supplemental and incidental provisions as appear to the Lord Chancellor to be necessary or expedient.
(4)A statutory instrument under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4(1)In section 2 of the M39Habeas Corpus Act 1679 for the words from “in the Court of Kings Bench” to “case shall require” substitute “in the Crown Court”.E+W
(2)In section 8 of the said Act for “judge of assize” substitute “judge of the Crown Court”.
Modifications etc. (not altering text)
C16The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
5E+WThe M40Vagrancy Act 1824 shall be amended as follows:—
(a)in section 5, as amended by the M41Criminal Justice Act 1967, for “quarter sessions” substitute “the Crown Court”,
(b)in section 10 for the words from “quarter sessions” to “assembled” substitute “the Crown Court, it shall be lawful for the Crown Court”, and
(c)in section 14 for the words following “appeal to” to the end of the section substitute “the Crown Court”.
Modifications etc. (not altering text)
C17The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135
Textual Amendments
7E+WFor any reference in the M42Parliamentary Documents Deposit Act 1837 to the clerk of the peace there shall be substituted a reference to any officer of a local or other authority.
Modifications etc. (not altering text)
C18The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
F1368E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F136Sch. 8 para. 8 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. VIII
9U.K.In sections 12, 13 and 14 of the M43Indictable Offences Act 1848 (backing of warrants) for ant reference to justices of oyer and terminer or gaol delivery, except so far as it is a reference to such a justice in Northern Ireland, there shall be substituted a reference to the Crown Court.
Modifications etc. (not altering text)
C19The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
10E+W+N.I.In section 30 of the M44Petty Sessions (Ireland) Act 1851 for the reference to justices of oyer and terminer and general gaol delivery in England there shall be substituted a reference to the Crown Court.
Modifications etc. (not altering text)
C20The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137
Textual Amendments
F13812E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F138Sch. 8 para 12 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 PtVII
13E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139
Textual Amendments
14E+WF140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F140Sch. 8 para. 14 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
15(1)In section 5 of the M45Coroners Act 1887—E+W
(a)in subsection (2) for the words “at the next” to “is to be” substitute “before the Crown Court”.
(b)in subsection (3) for the words following “proper officer” substitute “of the Crown Court”.
(2)&(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141
Textual Amendments
Modifications etc. (not altering text)
C21The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
16E+WIn section 3 of the M46Witnesses (Public Inquiries) Protection Act 1892 for the words from “quarter sessions” to the end substitute “ Crown Court”.
Modifications etc. (not altering text)
C22The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
Marginal Citations
17E+WF142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F142Sch. 8 para. 17 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)
18E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143
Textual Amendments
19E+WIn section 33(3) of the M48Criminal Justice Act 1925 (arraignment of corporation) for the words from the beginning to “case may be” substitute “On arraignment of a corporation, the corporation may”.
Modifications etc. (not altering text)
C23The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
Marginal Citations
20(1)The provisions of this Act about committal for trial by a magistrates’ court, and the provisions of section 7(2) and section 13 of this Act, shall, subject to the provisions of this paragraph, apply with any necessary modifications to the proceedings mentioned in section 25(2) of the M50Coroners (Amendment) Act 1926.E+W
(2)Rules under the said section 25(2) may apply—
(a)the provisions of this Act mentioned in sub-paragraph (1) above, and any other enactment relating to committal by magistrates’ courts for trial in the Crown Court, and
(b)the provisions of the M51Criminal Procedure (Attendance of Witnesses) Act 1965 relating to witness orders.
with such modifications as may be necessary for giving effect to provisions of the said section 25.
(3)Sub-paragraph (1) above shall have effect subject to any rules so made.
F14421E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F144Sch. 8 para 21 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VII
22E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F145
Textual Amendments
23E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146
Textual Amendments
F146Sch. 8 para. 23 repealed by Local Government Act 1972 (c. 70), Sch. 30
24E+WIn the M52Criminal Justice Act 1948—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F147
(b)in all places where there occurs a reference to a court of quarter sessions (sections . . . F148 20(5)(a), 37(3)(6)) there shall be substituted a reference to the Crown Court.
Textual Amendments
F147Sch. 8 para. 24(a) repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6
F148Section number repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6
Modifications etc. (not altering text)
C24The text of Schedule 8 paras. 24(b), 35, 40, 48(a) and 57 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.
Marginal Citations
25—27.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F149
Textual Amendments
28(1)In section 37 of that Act, for paragraph (b) of subsection (1) there shall be substituted the following paragraph—E+W
“(b)the High Court may release on bail a person—
(i)who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or
(ii)who has applied to the High Court for an order of certorari to remove proceedings in the Crown Court on his case into the High Court, or has applied to the High Court for leave to make such an application.”
(2)At the end of subsev=ction (3) of that section there shall be added the words “or by a police officer not below the rank of inspector or the governor of a prison or the keeper of a place of detention”.
Modifications etc. (not altering text)
C25The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
29E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F150
Textual Amendments
F150Sch. 8 para. 29 repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I
30E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F151
Textual Amendments
31E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F152
Textual Amendments
32E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153
Textual Amendments
33E+WIn section 47(5) of the M53Prison Act 1952 as amended by the M54Criminal Justice Act 1961 for the words “at assizes or quarter sessions” substitute “before the Crown Court” and for “quarter sessions” substitute “the Crown Court”.
Modifications etc. (not altering text)
C26The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
34E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F154
Textual Amendments
F15535E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F155Sch. 8 para. 35 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1
36E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F156
Textual Amendments
F156Sch. 8 para. 36 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25
37E+WIn section 3(50 of the M55Obscene Publications Act 1959 (time of coming into force of forfeiture order) for the words from “fourteen days” to “order is made” substitute “the period within which notice of appeal to the Crown Court may be given against the order”.
Modifications etc. (not altering text)
C27The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
38E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F157
Textual Amendments
39E+WIn section 9(2) of the M56Caravan Sites and Control of Development Act 1960 (time of coming into force of order revoking a licence) for the words from “on such date” to the words “case stated or otherwise” substitute “on such date as the court may specify in the order, being a date not earlier than the expiration of any period within which notice of appeal (whether by case stated or otherwise) may be given against the conviction”.
Modifications etc. (not altering text)
C28The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
40(1)In section 13(2) of the M57Administration of Justice Act 1960 (appeal in cases of contempt of court) after paragraph (b) insert—E+W
“(bb)from an order or decision of the Crown Court to the Court of Appeal.”
(2)In section 13(5)(a) of the said Act after “High Court” insert “the Crown Court”.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F158
Textual Amendments
F158Sch. 8 para. 40(3) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
Modifications etc. (not altering text)
C29The text of Schedule 8 paras. 24(b), 35, 40, 48(a) and 57 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.
Marginal Citations
F15941E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F159Sch. 8 para. 41 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1
This Amendment shall cease to have effect when the relevant repeal by the M58Children and Young Persons Act 1969 takes effect.
Marginal Citations
42E+WF160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F160Sch. 8 para. 42 repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, arts. 1(2), 2(2) (with art. 4)
Marginal Citations
43(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F161E+W
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F162
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F161
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F163
Textual Amendments
F161Sch. 8 para. 43(1)(3) repealed (E.W.) by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3
44E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F164
Textual Amendments
F164Sch. 8 paras. 44, 46 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
Marginal Citations
45F165(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
F166(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)For the purposes of section 13 of this Act a warrant issued under section 4 of the said Act (warrant of arrest to secure attendance of witness) shall be treated as a warrant issued by the Crown Court.
(4)In section 4(2) of the said Act for the words “a court of assize or quarter sessions” substitute “the Crown Court”.
F166(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F165Sch. 8 para. 45(1) repealed (4.7.1996) by 1996 c. 25, ss. 65, 80, Sch. 5 para. 6 (with s. 78(1))
F166Sch. 8 para. 45(2)(5) repealed (4.7.1996) by 1996 c. 25, ss. 66, 80, Sch. 5 para. 7 (with s. 78(1))
Modifications etc. (not altering text)
C30The text of Schedule 8 para. 45(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
46E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F167
Textual Amendments
F167Sch. 8 paras. 44, 46 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
47E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F168
Textual Amendments
F168Sch. 8 para. 47 repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 3
48E+WIn the M62Criminal Justice Act 1967—
(a)in all places where there occurs a reference to a court of assize or quarter sessions (sections . . . F169 56(1)(3)(5)(8)(11), 62(10) . . . F169 and in Schedule 6 paragraphs 2, 14, 16, 21(c)) there shall be substituted a reference to the Crown Court.
(b)in all places where there occurs a reference to a court of quarter sessions (sections 20, F170... 56 . . . F171 (6), 62(6)(7), . . . F172 and in Schedule 6 paragraph 1) there shall be substituted a reference to the Crown Court.
Textual Amendments
F169Section numbers repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6 and Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I
F170Words in Sch. 8 para. 48(b) repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 2; S.I. 2004/829, art. 2(2)(j)(I)(ii)
F171Sub-section number repealed by Magistrates' Courts Act 1980 (c. 43), Sch.9
F172Section numbers repealed by Legal Aid Act 1974 (c. 4) Sch. 5 Pt. I
Modifications etc. (not altering text)
C31The text of Schedule 8 paras. 24(b), 35, 40, 48(a) and 57 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.
Marginal Citations
49E+WF173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F173Sch. 8 para. 49 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)
50E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F174
Textual Amendments
51E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F175
Textual Amendments
52E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F176
Textual Amendments
53, 54.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F177
Textual Amendments
55E+WF178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F178Sch. 8 Pt. 2 para. 55 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
56E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F179
Textual Amendments
F179Sch. 8 para. 56 repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I
57(1)In the M63Criminal Appeal Act 1968—E+W
(a)for the words “a court of assize or quarter sessions” wherever they occur (sections 10(1), F180. . .11(2)) substitute the words “the Crown Court”.
(b)for the words “at assizes or quarter sessions” wherever they occur (sections 10(2), (3), 24(2)(b), 39(3)) substitute the words “before the Crown Court”.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F181
(3)In section 51(1) of the said Act for the definition of the judge of the court of trial substitute— “the judge of court of trial” means, where the Crown Court comprises justices of the peace, the judge presiding. ”
Textual Amendments
F180In Sch. 8 para. 57(1)(a) the reference to subsection (2) of section 10 is repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2.
F181Sch. 8 para. 57(2) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
Modifications etc. (not altering text)
C32The text of Schedule 8 paras. 24(b), 35, 40, 48(a) and 57 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.
Marginal Citations
58E+WIn section 1(4) of the M64Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 after the words “the High Court” add the words “the Crown Court”.
Modifications etc. (not altering text)
C33The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
59E+WF182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F182Sch. 8 Pt. 2 para. 59 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
60(1)F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
(2)F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In paragraphs 1 to 15 of Schedule 9 to the said Act for the words “quarter sessions” and the words “a court of assize or quarter sessions” wherever they occur substitute “the Crown Court”.
(4)For paragraphs 16 to 20 of the said Schedule 9 substitute the following paragraph—
“16Any order for the payment of costs made by the Crown Court, other than an order falling within Part I above, or an order for costs to be paid out of money provided by Parliament.”
Textual Amendments
F183Sch. 8 Pt. 2 para. 60(1)(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
Modifications etc. (not altering text)
C34The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Section 56.
Act | Section or Schedule |
---|---|
M65Inclosure and Drainage (Rates) Act 1833 | Section 3. |
M66Ordnance Survey Act 1841 | Section 2. |
M67Companies Clauses Consolidation Act 1845 | Section 159. |
M68Lands Clauses Consolidation Act 1845 | Section 146. |
F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
M69Towns Improvement Clauses Act 1847 | Sections 185 to 190. |
M70Ecclesiastical Courts Jurisdiction Act 1860 | Section 4. |
F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
M71Railway Rolling Stock Protection Act 1872 | Section 6. |
. . . | . . . F185 |
F186. . . | F186. . . |
F187. . . | F187. . . |
F188. . . | F188. . . |
F187. . . | F187. . . |
F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . | . . . F189 |
M72Canals Protection (London) Act 1898 | Section 5. |
M73Public Health Acts Amendment Act 1907 | Section 7. |
. . . | . . . F190 |
M74Marine Insurance (Gambling Policies) Act 1909 | Section 1(7). |
M75Protection of Animals Act 1911 | Section 14(1). |
M76Performing Animals (Regulation) Act 1925 | Section 2(2). |
. . . | . . . F191 |
. . . | . . . F192 |
M77Children and Young Persons Act 1933 | Section 55(5). |
Section 102. | |
. . . | . . . F193 |
M78Public Health Act 1936 | Section 301. |
F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . | . . . F194 |
. . . | . . . F195 |
M79Prevention of Damage by Pests Act 1949 | Section 15(4). |
M80Coast Protection Act 1949 | Section 13(7). |
National Parks and Access to the M81Countryside Act 1949 | Section 68(6). |
F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . | . . . F196 |
. . . | . . . F197 |
Schedule VII, 11. | |
. . . | . . . F198 |
. . . | . . . F199 |
. . . | . . . F200 |
. . . | . . . F201 |
M82Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956. | |
F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . | . . . F202 |
F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . | . . . F203 |
M83Milford Haven Conservancy Act 1958 | Section 9(4). |
F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . | . . . F204 |
F184... | F184... |
. . . | . . . F205 |
M84Obscene Publications Act 1959 | Section 3(5). |
. . . | . . . F206 |
F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . | . . . F207 |
F208... | F208... |
F208... | |
F208... | |
. . . F209 | |
F210... | F210... |
M85Offices, Shops and Railway Premises Act 1963 | Section 72. |
F210... | F210... |
M86Compulsory Purchase Act 1965 | Section 12(3). |
[F211M87General Rate Act 1967 | Sections 7(1), 99(5), 116(1).] |
F210... | F210... |
M88Firearms Act 1968 | Section 44. |
Part II of Schedule V. | |
F210... | F210... |
F208... | F208... |
F208... | |
F208... | |
F208... | |
F208... | |
. . . | . . . F207 |
F210... | F210... |
M89Children and Young Persons Act 1969 | F212Section F213. . .. |
Textual Amendments
F184Sch. 9 Pt. 1 entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
F185Entry repealed by Consumer Credit Act 1974 (c. 39), s. 192(4), Sch. 5 and S.I. 1983/1551, art. 5, Sch. 2
F186Sch. 9 Pt I: the entry relating to the Explosives Act 1875 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VII
F187Sch. 9 Pt. I: the entries relating to the Public Health Act 1875 and the Public Health Acts Amendment Act 1890 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group 1
F188Sch. 9 Pt. I: the entry relating to the Highways and Locomotives (Amendment) Act 1878 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt XV Group 1
F189Entry repealed by Friendly Societies Act 1974 (c. 46), Sch. 11
F190Entry repealed by Weights and Measures Act 1979 (c. 45, SIF 131), s. 23(2), Sch. 7
F191Entry repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47(4), Sch. 7 Pt. IV
F192Entries repealed by Consumer Credit Act 1974 (c. 39), Sch. 5 and Land Drainage Act 1976 (c. 70), Sch. 8
F193Entry repealed by Poisons Act 1972 (c. 66), Sch. 2
F194Entry repealed by Superannuation Act 1972 (c. 11), Sch. 8
F195Entry repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99(3), 101(1), Sch. 13, Sch. 15 Pt. I
F196Entry repealed by Animal Health Act 1981 (c. 22, SIF 4:4), s. 96(2), Sch. 6
F197Entry repealed by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(3), Sch. 6
F198Entry repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
F199Entry repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(3), Sch. 9
F200Entry repealed by Cinematograph (Amendment) Act 1982 (c. 33, SIF 45A), s. 10(2), Sch. 2
F201Entry repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 11
F202Entry repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(2), Sch. 8
F203Entry repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3(1), 5(2), Sch. 1 Pt. I, Sch. 4
F204Entry repealed by Foster Children Act 1980 (c. 6, SIF 20), s. 23(3), Sch. 3
F205Entry repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25
F206Entry repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148(3), Sch. 6
F207Entry repealed by Town and Country Planning Act 1971 (c. 78), Sch. 25
F208Sch. 9 Pt. 1 entries repealed (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(4)
F209Words repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5
F210Sch. 9 Pt. 1 entries repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, arts. 1(2), 2(2) (with art. 4)
F211Entry repealed (E.W.) (for financial year beginning in or after 1990) by Local Government Finance Act 1988 (c. 41, SIF 81:1), ss. 142, 149, Sch. 13 Pt. I (subject to any saving under s. 117(8) of the said Local Government Finance Act 1988)
F212 “Section 16(8)” in Sch. 19 Pt. I substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 28 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
F213Word in Sch. 9 Pt. I in entry relating to “Children and Young Persons Act 1969”repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Marginal Citations
Textual Amendments
F214Words repealed by Reservoirs Act 1975 (c. 23), ss. 28(1), 29(1)
F215Entry repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73(1), Sch. 17 Pt. II
F216Entry repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25
Marginal Citations
Section 56.
1(1)Subject to the provisions of this Act, for the purpose of enabling proceedings instituted before the appointed day to be continued thereafter, and for preserving in other respects the continuity of the administration of justice, the Crown Court shall be treated as succeeding to, and being the same court as, all criminal assize courts and, except as respects functions not transferred to the Crown Court, all courts of quarter sessions.E+W
(2)Any order, writ, summons, warrant, recognizance, notice, grant of legal aid or other proceeding or document shall have effect in accordance with sub-paragraph (1) above, and shall be construed, unless the context otherwise requires, in accordance with the Table in Part I of Schedule 8 to this Act.
(3)F217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F217Sch. 10 para. 1(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
2E+WF218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F218Sch. 10 para. 2 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
3E+WF219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F219Sch. 10 para. 3 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
4E+WF220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F220Sch. 10 para. 4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
5E+WF221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F221Sch. 10 para. 5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
6E+WF222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F222Sch. 10 para. 6 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
7E+WF223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F223Sch. 10 para. 7 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
8E+WF224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F224Sch. 10 para. 8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
9(1)The repeals made by this Act shall not affect the appointment of any judge, officer or other person made before the repeal takes effect, but without prejudice to any provision of this Act abolishing any office or employment.E+W
(2)The repeals made by this Act shall not affect any pension or other right in respect of service before the repeal takes effect.
10E+WF225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F225Sch. 10 para. 10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
11, 12.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F226
Textual Amendments
13, 14.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F227
Textual Amendments
F227Sch. 10 paras. 13, 14 repealed by Superannuation Act 1972 (c. 11), Sch. 8
15(1)In relation to any person who, before the day appointed for the coming into force of section 44(1)(a) of this Act held office as a clerk of the peace or a deputy clerk of the peace, the repeal by this Act of—E+W
(a)section 9(2) of the M91Local Government (Clerks) Act 1931,
(b)any provision of the M92Local Government Superannuation Act 1937,
(C)any provision of the M93Local Government Superannuation Act 1953, and
(d)sections 8 and 29 of the M94Administration of Justice Act 1964.
shall not affect the continued operation of those provisions or of any regulations made under them so far as they relate to rights accrued, contributions made and other things done before that day.
(2)Without prejudice to sub-paragraph (1) above, for the purposes of—
(a)any statutory provision contained in or made or issued under the Local Government Superannuation Acts 1937 to 1953, the M95Superannuation (Miscellaneous Provisions) Act 1948 or Part III of the M96National Insurance Act 1965, which is in force at the passing of this Act, and
(b)except as may be otherwise expressly provided therein, any enactments passed after the passing of this Act whereby any of those Acts is amended, extended or superseded, and any statutory instrument which after the passing of this Act is made or issued under any of those Acts or such an enactment,
in any case where, at the time after the day appointed for the purposes of section 44(1) of this Act, a court of quarter sessions would, if this Act had not been passed, have been the employing authority in relation to a clerk of the peace, deputy clerk of the peace or other officer of the court who before that day died while serving, or otherwise ceased to serve, in that employment, or in relation to the widow or any other dependant of such a person, the relevant local authority, as defined in sub-paragraph (3) below, shall be treated as being at that time the employing authority in relation to that person or, as the case may be, to that person’s widow or other dependant.
(3)In sub-paragraph (2) above “the relevant local authority” means—
(a)in relation to a person, or the widow or other dependant of a person, who was clerk of the peace or deputy clerk of the peace for a London commission area or who was otherwise an officer of the court of quarter sessions for such an area, the Greater London Council; and
(b)in relation to any person, or the widow or other dependant of any person, not falling within paragraph (a) above, the county council which, immediately before the day appointed for the purposes of section 44(1) of this Act, defrayed expenditure of the court of quarter sessions concerned under section 29(9) of the M97Administration of Justice Act 1964.
Marginal Citations
16(1)The Lord Chancellor may, with the concurrence of the Minister for the Civil Service, give a direction with respect to any clerk, bailiff, usher or messenger of a county court appointed by the registrar of that court under the proviso to section 28(1) of the M98County Courts Act 1959 (which relates to the case where the registrar’s salary includes the remuneration of any such officer) or deemed to have been so appointed by virtue of section 205 of that Act; and where a direction is so given then, subject to sub-paragraph (2) below, that person’s employment in court service shall be deemed for all purposes to be employment in the civil service of the State . . . F228E+W
(2)Except in so far as the Minister for the Civil Service directs in any case, no account shall be taken for the purposes of this paragraph of court service before the [F229giving of the direction under sub-paragraph (1) above].
(3)For the purpose of this paragraph “court service” means employment as a clerk, bailiff, usher or messenger in the service of a county court, whether or not combined with employment as a clerk in the service of a district registry of the High Court.
Textual Amendments
F228Words repealed by Superannuation Act 1972 (c. 11), Sch. 8
F229Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 81(b)
Marginal Citations
17E+WF230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F230Sch. 10 para. 17 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
Section 56.
Modifications etc. (not altering text)
C35The text of Schedule 11 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
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