Part 3Magistrates' courts

Civil jurisdiction and procedure

47Jurisdiction to issue summons and deal with complaints

(1)

For section 51 of the 1980 Act (issue of summons on complaint) substitute—

“51Issue of summons on complaint

Where a complaint relating to a person is made to a justice of the peace, the justice of the peace may issue a summons to the person requiring him to appear before a magistrates' court to answer to the complaint.”

(2)

For section 52 of the 1980 Act (jurisdiction to deal with complaints) substitute—

“52Jurisdiction to deal with complaints

(1)

A magistrates' court has jurisdiction to hear any complaint.

(2)

But subsection (1) is subject to provision made by any enactment.”

48Power to transfer civil proceedings (other than family proceedings)

After section 57 of the 1980 Act insert—

“Transfer of civil proceedings (other than family proceedings)

57APower to transfer civil proceedings (other than family proceedings)

(1)

A magistrates' court may at any time, whether before or after beginning to hear a complaint, transfer the hearing to another magistrates' court.

(2)

But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.

(3)

This section does not apply to family proceedings.

(4)

The power of the court under this section to transfer a hearing must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.”