Courts Act 1971

SCHEDULES

F1 F1 SCHEDULE 1 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Section 16.

SCHEDULE 2 E+W Holders of Certain Existing Judicial Offices

Part I E+W Certain Office-Holders to be Circuit Judges

1 E+W F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 2 Pt. 1 para. 1 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}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 F3 ... 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

F3 Words in Sch. 2 Pt. 1 para. 3(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

[F4 Part IA E+W Certain Office–Holders Eligible for Appointment as Circuit Judges

Textual Amendments

F4 Sch. 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 M1 Social Security Act 1975.

Marginal Citations

M1 1975 c.14 (113:1).

President of Social Security Appeal Tribunals and Medical Appeal Tribunals or Chairman of such a tribunal appointed under Schedule 10 to that Act.

F5 [ President of the Employment Tribunals (England and Wales) or member of a panel of [F6 Employment Judges] established by regulations under section 1(1) of the M2 Employment Tribunals Act 1996 for employment tribunals for England and Wales. ]

Textual Amendments

F5 Sch. 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

F6 Words 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

M2 1996 c. 17.

President or member of the Immigration Appeal Tribunal appointed under Schedule 5 to the Immigration Act M3 1971.

Marginal Citations

M3 1971 c.77 (62).

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 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 M4 1943.

Marginal Citations

M4 1943 c.39 (101A:2).

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 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

F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 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)

[F10 Senior coroner appointed under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009 ]

Textual Amendments

F10 Words 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.

[F11 Insolvency and Companies Court Judge] .

Textual Amendments

F11 Words 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 [F12 Senior Courts ] F12 .

Textual Amendments

F12 Words 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.

F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 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.

[F14 District Judge (Magistrates’ Courts)]]

Textual Amendments

F14 Words 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

Part II E+W Supplementary Provisions with Respect to Certain Judicial Officers

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 M5 Administration 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 M6 Superannuation 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.

Marginal Citations

M5 1928 c. 26.

M6 1965 c. 74.

5 E+W Nothing 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 M7 City of London (Courts) Act 1964.

Modifications etc. (not altering text)

C1 Paras. 5–8 extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(2)

Marginal Citations

M7 1964 c. iv.

6 E+W After the appointed day no person shall be appointed an additional judge of the Central Criminal Court under . . . F15 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

F15 Words repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. XIII

Modifications etc. (not altering text)

C2 Paras. 5–8 extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(2)

7 E+W On the appointed day section 14 of the M8 City 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)

C3 Paras. 5–8 extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(2)

Marginal Citations

M8 1964 c. iv.

8 E+W F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Sch. 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 [F17 5 of the Judicial Pensions Act 1981], or

(b) any such derivative benefit payable to or in respect of him as is referred to in [F18 section 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

F17 Words substituted by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(3)

F18 Words substituted by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(4)

F19 F19 SCHEDULE 3 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Sch. 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)

F25 F25 SCHEDULE 4 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Sch. 4 repealed by Juries Act 1974 (c. 23), Sch. 3

F26 F26 SCHEDULE 5 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Sch. 5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Section 51.

SCHEDULE 6 E+W AMENDMENTS RELATING TO COSTS IN CRIMINAL CASES ETC.

1—5. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

Textual Amendments

F27 Sch. 6 paras. 1–5 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

Betting, Gaming and Lotteries Act 1963 E+W

6 E+W F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28 Sch. 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)

Licensing Act 1964. E+W

7 E+W F29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Sch. 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)

Criminal Justice Act 1967 E+W

8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

Textual Amendments

F30 Sch. 6 para. 8 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

9 (1) In section 32 of the M18 Criminal 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 M19 Courts-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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

Textual Amendments

F31 Sch. 6 para. 9(2) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

Modifications etc. (not altering text)

C4 The 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

M18 1967 c. 80

M19 1968 c. 20.

10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

Textual Amendments

F32 Sch. 6 para. 10 repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

Textual Amendments

F33 Sch. 6 para. 11 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

Gaming Act 1968 E+W

12 E+W In paragraph 30 of Schedule 2 to the M20 Gaming 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)

C5 The 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

M20 1968 c. 65.

13 E+W F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 Sch. 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.

SCHEDULE 7 E+W ADMINISTRATIVE FUNCTIONS OF JUSTICES

PART I E+W AMENDMENTS OF JUSTICES OF THE PEACE ACT 1949

[F35 1 E+W In 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

F35 Sch. 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)

C6 The 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)

C7 The 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.

3 E+W For 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)

C8 The 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.

PART II E+W AMENDMENTS OF THE PRISON ACT 1952

4 E+W F36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 Sch. 7 para. 4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

5 E+W F37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37 Sch. 7 para. 5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

PART III E+W

6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

Textual Amendments

F38 Sch. 7 para. 6 repealed by Local Government Act 1972 (c. 70), Sch. 30

7, 8. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

Textual Amendments

F39 Sch. 7 paras. 7, 8 repealed by Licensing (Alcohol Education and Research) Act 1981 (c. 28, SIF 68A:1), s. 11, Sch. 2 Pt. I

9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

Textual Amendments

F40 Sch. 7 para. 9 repealed by Greater London Council (General Powers) Act 1984 (c. xxvii), s. 42, Sch. 4 Pt. I

Section 56.

SCHEDULE 8 U.K. Amendments of other Acts

Part I E+W General

Administrative functions of quarter sessions and clerks of the peace E+W

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 M21 Local Government Act 1888 (which transferred certain quarter sessions functions to councils of counties or county boroughs), and

(b) section 101 of the M22 Local 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)

C9 Certain 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

M21 1888 c. 41.

M22 1933 c. 51.

General rules of construction E+W

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.

TABLE

Reference	Substituted reference
1 E+W Court of gaol delivery or of oyer and terminer.	The Crown Court.
2 E+W Court of assize, or assizes, where the context does not relate to civil jurisdiction.	The Crown Court.
3 E+W Court 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.
4 E+W Court 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 M23 Interpretation Act 1889, were included in the expression “court of quarter sessions”.	The Crown Court.
5 E+W Judge 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.
6 E+W Chairman or deputy chairman of quarter sessions.	The Crown Court.
7 E+W Recorder, 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 [F41 Lord Chief Justice]F41 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 [F41 Lord Chief Justice]F41 may nominate.
8 E+W County court judge.	A judge assigned to a county court district, or acting as a judge so assigned.
9 E+W The 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.
10 E+W Clerk of assize or other officer whose duties related exclusively to the criminal jurisdiction of courts of assize.	The appropriate officer of the Crown Court.
11 E+W Clerk 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.
12 E+W Clerk of the court where the court is the Crown Court.	The appropriate officer of the Crown Court.
13 E+W A borough having a separate court of quarter sessions.	A borough which, immediately before the appointed day, had a separate court of quarter sessions.
14 E+W Any 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 [F41 Lord Chief Justice]F41 may direct.
15 E+W Any 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.
16 E+W Any reference to local funds in the context of a reference to the M24 Costs 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

F41 Words 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

M23 1889 c. 63.

M24 1952 c. 48.

Amendments of local Acts E+W

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.

Part II U.K. Miscellaneous Amendments

Habeas Corpus 1679 E+W

4 (1) In section 2 of the M25 Habeas 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)

C10 The 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

M25 1679 c. 2.

Vagrancy Act 1824 E+W

5 E+W The M26 Vagrancy Act 1824 shall be amended as follows:—

(a) in section 5, as amended by the M27 Criminal 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)

C11 The 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

M26 1824 c. 83.

M27 1967 c. 80.

6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

Textual Amendments

F42 Sch. 8 para. 6 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I

Parliamentary Documents Deposit Act 1837 E+W

7 E+W For any reference in the M28 Parliamentary 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)

C12 The 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

M28 1837 c. 83.

Slave Trade Act 1843 E+W

F43 8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43 Sch. 8 para. 8 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. VIII

Indictable Offences Act 1848 U.K.

9 U.K. In sections 12, 13 and 14 of the M29 Indictable 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)

C13 The 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

M29 1848 c. 42

Petty Sessions (Ireland) Act 1851 E+W+N.I.

10 E+W+N.I. In section 30 of the M30 Petty 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)

C14 The 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

M30 1851 c. 93

11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

Textual Amendments

F44 Sch. 8 para. 11 repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. I

Explosives Act 1875 E+W

F45 12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45 Sch. 8 para 12 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 PtVII

13 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

Textual Amendments

F46 Sch. 8 para. 13 repealed by Prosecution of Offences Act 1979 (c. 31), s. 11(2), Sch. 2 Pt. II

Central Criminal Court (Prisons) Act 1881 E+W

14 E+W F47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47 Sch. 8 para. 14 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Coroners Act 1887 E+W

15 (1) In section 5 of the M31 Coroners 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

Textual Amendments

F48 Sch. 8 para. 15(2)(3) repealed by Local Government Act 1972 (c. 70), Sch. 30

Modifications etc. (not altering text)

C15 The 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

M31 1887 c. 71

Witnesses (Public Inquiries) Protection Act 1892 E+W

16 E+W In section 3 of the M32 Witnesses (Public Inquiries) Protection Act 1892 for the words from “quarter sessions” to the end substitute “ Crown Court”.

Modifications etc. (not altering text)

C16 The 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

M32 1892 c. 64

M33 Indictments Act 1915 E+W

Marginal Citations

M33 1915 c. 90.

17 E+W F49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49 Sch. 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)

18 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

Textual Amendments

F50 Sch. 8 para. 18 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

Criminal Justice Act 1925 E+W

19 E+W In section 33(3) of the M34 Criminal 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)

C17 The 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

M34 1925 c. 86.

M35 Coroners (Amendment) Act 1926 E+W

Marginal Citations

M35 1926 c. 59.

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 M36 Coroners (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 M37 Criminal 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.

Marginal Citations

M36 1926 c. 59.

M37 1965 c. 69.

Petroleum (Consolidation) Act 1928 E+W

F51 21 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51 Sch. 8 para 21 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VII

22 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

Textual Amendments

F52 Sch. 8 para. 22 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 78, Sch. 16

23 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

Textual Amendments

F53 Sch. 8 para. 23 repealed by Local Government Act 1972 (c. 70), Sch. 30

Criminal Justice Act 1948 E+W

24 E+W In the M38 Criminal Justice Act 1948—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

(b) in all places where there occurs a reference to a court of quarter sessions (sections . . . F55 20(5)(a), 37(3)(6)) there shall be substituted a reference to the Crown Court.

Textual Amendments

F54 Sch. 8 para. 24(a) repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F55 Section number repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

Modifications etc. (not altering text)

C18 The 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

M38 1948 c. 58.

25—27. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

Textual Amendments

F56 Sch. 8 para. 25–27 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

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)

C19 The 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.

29 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

Textual Amendments

F57 Sch. 8 para. 29 repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

30 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

Textual Amendments

F58 Sch. 8 para. 30 repealed by Representation of the People Act 1983 (c. 2, SIF 42), s. 206(b)(ii), Sch. 9 Pt. II

31 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

Textual Amendments

F59 Sch. 8 para. 31 repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73(1), Sch. 17 Pt. II

32 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

Textual Amendments

F60 Sch. 8 para. 32 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(2), Sch. 4

Prison Act 1952 E+W

33 E+W In section 47(5) of the M39 Prison Act 1952 as amended by the M40 Criminal 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)

C20 The 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

M39 1952 c. 52.

M40 1961 c. 39

34 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

Textual Amendments

F61 Sch. 8 para. 34 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(3), Sch. 9

County Courts Act 1959 E+W

F62 35 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62 Sch. 8 para. 35 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

36 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

Textual Amendments

F63 Sch. 8 para. 36 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25

Obscene Publications Act 1959 E+W

37 E+W In section 3(50 of the M41 Obscene 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)

C21 The 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

M41 1959 c. 66

38 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

Textual Amendments

F64 Sch. 8 para. 38 repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148(3), Sch. 6

Caravan Sites and Control of Development Act 1960 E+W

39 E+W In section 9(2) of the M42 Caravan 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)

C22 The 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

M42 1969 c. 62.

Administration of Justice Act 1960 E+W

40 (1) In section 13(2) of the M43 Administration 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

Textual Amendments

F65 Sch. 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)

C23 The 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

M43 1960 c. 65.

Criminal Justice Act 1961 E+W

F66 41 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66 Sch. 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 Children and Young Persons Act 1969 takes effect.

M45 Licensing Act 1964 E+W

Marginal Citations

M45 1964 c. 26.

42 E+W F67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Sch. 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)

M46 Administration of Justice Act 1964 E+W

Marginal Citations

M46 1964 c. 42.

43 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68 E+W

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

Textual Amendments

F68 Sch. 8 para. 43(1)(3) repealed (E.W.) by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3

F69 Sch. 8 para. 43(2) repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

F70 Sch. 8 para. 43(4) repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3

44 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

Textual Amendments

F71 Sch. 8 paras. 44, 46 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

M47 Criminal Procedure (Attendance of Witnesses) Act 1965 E+W

Marginal Citations

M47 1965 c. 69.

45 F72 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

F73 (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”.

F73 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72 Sch. 8 para. 45(1) repealed (4.7.1996) by 1996 c. 25, ss. 65, 80, Sch. 5 para. 6 (with s. 78(1))

F73 Sch. 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)

C24 The 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.

46 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

Textual Amendments

F74 Sch. 8 paras. 44, 46 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

47 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

Textual Amendments

F75 Sch. 8 para. 47 repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 3

Criminal Justice Act 1967 E+W

48 E+W In the M48 Criminal Justice Act 1967—

(a) in all places where there occurs a reference to a court of assize or quarter sessions (sections . . . F76 56(1)(3)(5)(8)(11), 62(10) . . . F76 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, F77 ... 56 . . . F78 (6), 62(6)(7), . . . F79 and in Schedule 6 paragraph 1) there shall be substituted a reference to the Crown Court.

Textual Amendments

F76 Section numbers repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6 and Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

F77 Words 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)

F78 Sub-section number repealed by Magistrates' Courts Act 1980 (c. 43), Sch.9

F79 Section numbers repealed by Legal Aid Act 1974 (c. 4) Sch. 5 Pt. I

Modifications etc. (not altering text)

C25 The 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

M48 1967 c. 80.

49 E+W F80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80 Sch. 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)

50 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

Textual Amendments

F81 Sch. 8 para. 11 repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. I

51 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

Textual Amendments

F82 Sch. 8 para. 51 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

52 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

Textual Amendments

F83 Sch. 8 para. 52 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(3), Sch. 9

53, 54. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

Textual Amendments

F84 Sch. 8 paras. 53, 54 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

55 E+W F85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85 Sch. 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}

56 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

Textual Amendments

F86 Sch. 8 para. 56 repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

Criminal Appeal Act 1968 E+W

57 (1) In the M49 Criminal Appeal Act 1968— E+W

(a) for the words “a court of assize or quarter sessions” wherever they occur (sections 10(1), F87 . . .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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88

(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

F87 In 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.

F88 Sch. 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)

C26 The 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

M49 1968 c. 19

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 E+W

58 E+W In section 1(4) of the M50 Domestic 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)

C27 The 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

M50 1968 c. 63.

Children and Young Persons Act 1969 E+W

59 E+W F89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F89 Sch. 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}

Administration of Justice Act 1970 E+W

60 (1) F90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

(2) F90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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—

“16 Any 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

F90 Sch. 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)

C28 The 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.

SCHEDULE 9 E+W Quarter Sessions Jurisdiction: Substitution of References to Crown Court

Part I E+W Appellate Jurisdiction

Act	Section or Schedule
M51 Inclosure and Drainage (Rates) Act 1833	Section 3.
M52 Ordnance Survey Act 1841	Section 2.
M53 Companies Clauses Consolidation Act 1845	Section 159.
M54 Lands Clauses Consolidation Act 1845	Section 146.
F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
M55 Towns Improvement Clauses Act 1847	Sections 185 to 190.
M56 Ecclesiastical Courts Jurisdiction Act 1860	Section 4.
F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
M57 Railway Rolling Stock Protection Act 1872	Section 6.
. . .	. . . F92
F93 . . .	F93 . . .
F94 . . .	F94 . . .
F95 . . .	F95 . . .
F94 . . .	F94 . . .
F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .	. . . F96
M58 Canals Protection (London) Act 1898	Section 5.
M59 Public Health Acts Amendment Act 1907	Section 7.
. . .	. . . F97
M60 Marine Insurance (Gambling Policies) Act 1909	Section 1(7).
M61 Protection of Animals Act 1911	Section 14(1).
M62 Performing Animals (Regulation) Act 1925	Section 2(2).
. . .	. . . F98
. . .	. . . F99
M63 Children and Young Persons Act 1933	Section 55(5).
	Section 102.
. . .	. . . F100
M64 Public Health Act 1936	Section 301.
F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .	. . . F101
. . .	. . . F102
M65 Prevention of Damage by Pests Act 1949	Section 15(4).
M66 Coast Protection Act 1949	Section 13(7).
National Parks and Access to the M67 Countryside Act 1949	Section 68(6).
F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .	. . . F103
. . .	. . . F104
	Schedule VII, 11.
. . .	. . . F105
. . .	. . . F106
. . .	. . . F107
. . .	. . . F108
M68 Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956.
F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .	. . . F109
F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .	. . . F110
M69 Milford Haven Conservancy Act 1958	Section 9(4).
F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .	. . . F111
F91 ...	F91 ...
. . .	. . . F112
M70 Obscene Publications Act 1959	Section 3(5).
. . .	. . . F113
F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .	. . . F114
F115 ...	F115 ...
	F115 ...
	F115 ...
	. . . F116
F117 ...	F117 ...
M71 Offices, Shops and Railway Premises Act 1963	Section 72.
F117 ...	F117 ...
M72 Compulsory Purchase Act 1965	Section 12(3).
[F118 M73 General Rate Act 1967	Sections 7(1), 99(5), 116(1).]
F117 ...	F117 ...
M74 Firearms Act 1968	Section 44.
	Part II of Schedule V.
F117 ...	F117 ...
F115 ...	F115 ...
	F115 ...
	F115 ...
	F115 ...
	F115 ...
. . .	. . . F114
F117 ...	F117 ...
M75 Children and Young Persons Act 1969	F119 Section F120 . . ..

Textual Amendments

F91 Sch. 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}

F92 Entry repealed by Consumer Credit Act 1974 (c. 39), s. 192(4), Sch. 5 and S.I. 1983/1551, art. 5, Sch. 2

F93 Sch. 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

F94 Sch. 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

F95 Sch. 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

F96 Entry repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

F97 Entry repealed by Weights and Measures Act 1979 (c. 45, SIF 131), s. 23(2), Sch. 7

F98 Entry repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47(4), Sch. 7 Pt. IV

F99 Entries repealed by Consumer Credit Act 1974 (c. 39), Sch. 5 and Land Drainage Act 1976 (c. 70), Sch. 8

F100 Entry repealed by Poisons Act 1972 (c. 66), Sch. 2

F101 Entry repealed by Superannuation Act 1972 (c. 11), Sch. 8

F102 Entry repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99(3), 101(1), Sch. 13, Sch. 15 Pt. I

F103 Entry repealed by Animal Health Act 1981 (c. 22, SIF 4:4), s. 96(2), Sch. 6

F104 Entry repealed by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(3), Sch. 6

F105 Entry repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

F106 Entry repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(3), Sch. 9

F107 Entry repealed by Cinematograph (Amendment) Act 1982 (c. 33, SIF 45A), s. 10(2), Sch. 2

F108 Entry repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 11

F109 Entry repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(2), Sch. 8

F110 Entry repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3(1), 5(2), Sch. 1 Pt. I, Sch. 4

F111 Entry repealed by Foster Children Act 1980 (c. 6, SIF 20), s. 23(3), Sch. 3

F112 Entry repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25

F113 Entry repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148(3), Sch. 6

F114 Entry repealed by Town and Country Planning Act 1971 (c. 78), Sch. 25

F115 Sch. 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)

F116 Words repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5

F117 Sch. 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)

F118 Entry 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)

F119 “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).

F120 Word 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

M51 1833 c. 35.

M52 1841 c. 30.

M53 1845 c. 16.

M54 1845 c. 18.

M55 1847 c. 34.

M56 1860 c. 32.

M57 1872 c. 50.

M58 1898 c. 16.

M59 1907 c. 53.

M60 1909 c. 12.

M61 1911 c. 27.

M62 1925 c. 38.

M63 1933 c. 12.

M64 1936 c. 49.

M65 1949 c. 55.

M66 1949 c. 74.

M67 1949 c. 97.

M68 1956 c. 44.

M69 1958 c. 23.

M70 1959 c. 66.

M71 1963 c. 41.

M72 1965 c. 56.

M73 1967 c. 9.

M74 1968 c. 27.

M75 1969 c. 54.

Part II E+W Original Jurisdiction

Act	Section or Schedule
. . .	. . . F121
. . .	. . . F122
. . .	. . . F123
M76 Firearms Act 1968	Section 21(6)(7).
	Schedule 3 Part I.

Textual Amendments

F121 Words repealed by Reservoirs Act 1975 (c. 23), ss. 28(1), 29(1)

F122 Entry repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73(1), Sch. 17 Pt. II

F123 Entry repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25

Marginal Citations

M76 1968 c. 27.

Section 56.

SCHEDULE 10. E+W Transitional Provisions

Part I E+W Criminal Assize Courts and Courts of Quarter Sessions

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) F124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F124 Sch. 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}

Part-heard proceedings E+W

2 E+W F125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F125 Sch. 10 para. 2 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Costs in criminal cases E+W

3 E+W F126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126 Sch. 10 para. 3 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Records of courts of quarter sessions E+W

4 E+W F127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F127 Sch. 10 para. 4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Part II E+W Courts: Miscellaneous

Civil courts of assize E+W

5 E+W F128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F128 Sch. 10 para. 5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Directions by Lord Chief Justice E+W

6 E+W F129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129 Sch. 10 para. 6 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Part III E+W County Court Judges

7 E+W F130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F130 Sch. 10 para. 7 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

8 E+W F131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F131 Sch. 10 para. 8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Part IV E+W Judges, Officers and Staff

Continuation of appointments E+W

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.

Jury service E+W

10 E+W F132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F132 Sch. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133

Textual Amendments

F133 Sch. 10 paras. 11, 12 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(2), Sch. 4

13, 14. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134

Textual Amendments

F134 Sch. 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 M77 Local Government (Clerks) Act 1931,

(b) any provision of the M78 Local Government Superannuation Act 1937,

(C) any provision of the M79 Local Government Superannuation Act 1953, and

(d) sections 8 and 29 of the M80 Administration 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 M81 Superannuation (Miscellaneous Provisions) Act 1948 or Part III of the M82 National 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 M83 Administration of Justice Act 1964.

Marginal Citations

M77 1931 c. 45.

M78 1937 c. 68.

M79 1953 c. 25.

M80 1964 c. 42.

M81 1948 c. 33.

M82 1965 c. 51.

M83 1964 c. 42.

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 M84 County 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 . . . F135 E+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 [F136 giving 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

F135 Words repealed by Superannuation Act 1972 (c. 11), Sch. 8

F136 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 81(b)

Marginal Citations

M84 1959 c. 22.

Seconding of staff from local or other authorities E+W

17 E+W F137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F137 Sch. 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.

SCHEDULE 11 E+W REPEALS

Modifications etc. (not altering text)

C29 The 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.