Textual Amendments applied to the whole legislation
F22Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2
(1)The provisions of this section shall have effect for the purpose of the application of this Act toScotland.
(2)For any reference to a county court there shall be substituted a reference to the sheriff; and thepowers and duties conferred or imposed on a justice of the peace may be exercised or performed either bysuch justice or by the sheriff.
(3)References in subsection (2) of section one hundred and twenty-five and in subsection (1) of sectionone hundred and twenty-eight to the M1Capital Punishment Amendment Act 1868, or to anyprovision of that Act shall respectively be construed as references to that Act as it applies to Scotlandor to the corresponding provision of that Act applying to Scotland, and references in the said subsection(2) and subsection (1) to the sheriff shall be construed as references to the lord provost or provost, ormagistrate or magistrates, charged with seeing the sentence of death carried into effect.
(4)In subsection (2) of section one hundred and twenty-eight for the reference to [F1the Coroners Acts 1887 to 1926][F1the Coroners Act 1988]there shall be substituted a reference to section twenty-five of the M2Prisons(Scotland) Act 1952, and that section as applied in relation to any such premises as are mentioned in thesaid subsection (2) shall have effect subject to the necessary modifications.
[F2(4A)In section 150, at the end of subsection (5), there shall be added the words “and to any sum awardedas inlying expenses in a decree of affiliation and aliment"].
(5)For any reference to the Minister of Housing and Local Government there shall be substituted a referenceto the Secretary of State; and the local authority for the purposes of Part IV of this Act shall be a [F3council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].
(6)Section one hundred and eighty-seven shall have effect as if subsection (4) were omitted.
(7)Section one hundred and ninety-five shall have effect as if for the obligation imposed by subsection(4) on the officer therein mentioned to bring a person before a court of summary jurisdiction there weresubstituted an obligation to report to the procurator fiscal.
(8)F4 the expression “chattel” means corporeal moveable.
[F5(9)Where by virtue of this Act a document is admissible in evidence or is evidence of any matter statedin it in proceedings before a civil court in England, it shall be sufficient evidence of the matter sostated in such proceedings in Scotland.]
Textual Amendments
F1Words “the Coroners Act 1988" substituted (E.W.) for words “the Coroners Acts 1887 to 1926" by Coroners Act 1988 (c. 13, SIF 33), s. 36(1), Sch. 3 para. 7
F2S. 214(4A) inserted by Armed Forces Act 1966 (c. 45), s. 37(3), Sch. 4
F3Words in s. 214(5) substituted (S.) (1.4.1996 subject to art. 4(2) of the commencing S.I.) by 1994 c. 39, s. 180(1), Sch. 13 para. 44(2); S.I. 1996/323, art. 4(1)(c)
F4Words repealed by Army and Air Force Act 1961 (c. 52), s. 29(2)(b)
F5S. 214(9) inserted by Armed Forces Act 1971 (c. 33), s. 76
Marginal Citations
(1)The provisions of this section shall have effect for the purpose of the application of this Act toNorthern Ireland.
(2)F6 all fines imposed in proceedings taken before a court of summary jurisdictionin Northern Ireland shall be dealt with in the manner provided by section twenty of the M3Administration of Justice Act (Northern Ireland) 1954.
(3)
F7(4)References in subsection (2) of section one hundred and twenty-five and in subsection (1) of sectionone hundred and twenty-eight to the M4Capital Punishment Amendment Act 1868, or to anyprovision of that Act F8 shall F8 be construed as references to that Act or provision as in force from time totime in Northern Ireland F8, and, accordingly, references in the said subsections to the sheriff shallbe construed as references to the under-sheriff.
(5)References in subsection (2) of section one hundred and twenty-eight to [F9the Coroners Acts 1887 to 1926][F9the Coroners Act 1988], shall be construed as references to section thirty-nine of the M5Prison Act(Northern Ireland) 1953; and that section as applied in relation to any such premises as are mentioned inthe said subsection (2) shall have effect subject to the necessary modifications.
[F10(5A)Where a financial penalty enforcement order has been registered under section 133A above by a court ofsummary jurisdiction in Northern Ireland in respect of any person, a justice of the peace may issue asummons to that person requiring him to appear before the court which registered that penalty or a warrantfor the arrest of that person.
(5B)Where a person appears before a court of summary jurisdiction in Northern Ireland in pursuance of asummons or warrant issued under subsection (5A) above, the court may exercise the like powers as areconferred on it by [F11Part IX of the M6Magistrates’ Courts (Northern Ireland)Order 1981] (satisfaction and enforcement of orders).
(5C)A financial penalty enforcement order shall be registered in Northern Ireland under section 133A abovein accordance with Magistrates’ Courts Rules.]
F12(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F13(6A)The reference in section 151A(1) to any judgment or order enforceable by a court in the United Kingdomshall include a reference to a judgment enforceable by the Enforcement of Judgments Office.]
(7)In Part IV of this Act references to a local authority shall be construed as references to a [F14Health and Social Services Board established under the M7Health and Personal Social Services (Northern Ireland) Order 1972] references to the Minister of Housing and Local Government shall be construed as references to the [F15Department of Health and Social Services] for Northern Ireland, and references to a chief officer of police shall be construed as referencesto a [F15chief superintendent of the Royal Ulster Constabulary or any other officer having arank equivalent to chief superintendent].
(8)For the reference in section one hundred and seventy-three to section thirty-five of the M8Road Traffic Act 1930, there shall be substituted a reference to section [F1575 of the M9Road Traffic Act (Northern Ireland) 1970 or anycorresponding enactment for the time being in force in Northern Ireland].
(9)For the reference in subsection (4) of section one hundred and eighty-seven to [F16the M10Magistrates’ Courts Act 1980], there shall be substituted a reference to the Summary Jurisdiction Acts (Northern Ireland) and therules made thereunder.
(10)For the reference in subsection (3) of section two hundred and three to a bankrupt’s trustee inbankruptcy there shall be substituted a reference to an assignee in bankruptcy.
(11)F17
Textual Amendments
F6Words repealed by Northern Ireland Act 1962 (c. 30), Sch. 4 Pt. IV
F7S. 215(3) repealed by S.I. 1973/2163, Sch. 6
F8Words repealed by Northern Ireland (Emergency Provisions) Act 1973 (c. 53), Sch. 5
F9Words “the Coroners Act 1988" substituted (E.W.) for words “the Coroners Acts 1887to 1926" by Coroners Act 1988 (c. 13, SIF 33), s. 36(1), Sch. 3 para. 8
F10S. 215(5A)—(5C) inserted by Armed Forces Act 1976 (c. 52), s. 16, Sch. 8 para. 4(1)
F11Words substituted by S.I. 1981/1675 (N.I.26), Sch. 6 para. 8
F12S. 215(6) repealed (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(2), Sch. 10; S.R. 1996/297, art. 2(2)
F13S. 215(6A) inserted by S.I. 1979/298, art. 2
F14Words substituted by S.R. & O. (N.I.) 1973/256, Sch. 2
F15Words substituted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 8
F16Words substituted by Magistrates' Courts Act 1980 (c. 43), Sch. 7 para. 12
Marginal Citations
[F18(1)This Act extends to the Channel Islands and the Isle of Man subject to the following provisions of this setion and to such modifications as Her Majesty may by Order in Counsil specify; and, where any such modification refers to any law for the time being in force in any of the Channel Islands or the Isle of Man, the modification may be expressed to have effect for all purposes of this Act to the Channel Islands or the Isle of Man, as the case may be).]
(2)Subject as hereinafter provided, references except in Part IV of this Act to the United Kingdom shallbe construed as including references to the Channel Islands and the Isle of Man.
(3)References in sections one hundred and nineteen, one hundred and twenty-six, one hundred andtwenty-seven and one hundred and forty-three to the United Kingdom shall not include references to theChannel Islands or the Isle of Man, and references in the said section one hundred and twenty-seven to acolony shall include references to the Channel Islands and the Isle of Man.
F19(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18S. 216(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 24(1); S.I. 1991/2719, art. 2 (with art. 3(1))
F19S. 216(4) repealed (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 24(3), 26(2), Sch. 3; S.I. 1996/1173, art. 2
Modifications etc. (not altering text)
C1S. 216 modified (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 24(4); S.I. 1991/2719, art. 2 (with art. 3(1))
S. 216 applied (11.5.2001) by 2001 c. 19, s. 36(1)
(1)This Act shall apply in relation to any territory under Her Majesty’s protection, and any territory forthe time being administered by Her Majesty’s Government in the United Kingdom under the trusteeship systemof the United Nations, as it applies in relation to a colony; and accordingly references in this Act to HerMajesty’s dominions shall be construed as including references to any such territory.
(2)References in this Act to the law of a colony shall include, in relation to two or more colonies undera central legislature, references to law made by that legislature.
Textual Amendments
Textual Amendments
F21S. 219 repealed by Armed Forces Act 1966 (c. 45), s. 37(3), Sch. 5