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Access to Justice Act 1999 (c. 22)(The document as of February, 2008) Page 12 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 (b) by entering into a contract with another person for the employment by him of persons to act as such officers. " The Local Government Finance Act 1992 (c. 14)8 In section 19(2) of the Local Government Finance Act 1992 (exclusion of Crown exemption in relation to certain authorities), after paragraph (e) insert-- " (ea) the Greater London Magistrates' Courts Authority; " . The Justices of the Peace Act 1997 (c. 25)9 The Justices of the Peace Act 1997 has effect subject to the following amendments. 10 In section 10(7) as amended by Schedule 10 to this Act (authority responsible for paying allowances to justices), after "justice" insert "for a commission area consisting wholly or partly of Greater London, the Greater London Magistrates' Courts Authority, and in relation to any other justice". 11 In section 40(8) (regulations about appointment of justices' chief executive), after "by statutory instrument" insert "which may make different provision in relation to the Greater London Magistrates' Courts Authority and other magistrates' courts committees". 12 In section 44 (terms of employment), after subsection (1) insert-- " (1A) The approval of the Lord Chancellor shall be required for any determination by a magistrates' courts committee reducing the salary of a justices' clerk or justices' chief executive, unless the justices' clerk or justices' chief executive concerned consents to the reduction. " 13 For section 50 substitute-- " 50 Pensions of employees of GLMCA(1) The Lord Chancellor may, with the consent of the Minister for the Civil Service, make provision by order made by statutory instrument for section 1 of the [1972 c. 11.] Superannuation Act 1972 (pensions of civil servants etc.) to apply to persons employed by the Greater London Magistrates' Courts Authority (and may make such provision by amendment of that Act). (2) An order under subsection (1) above may provide for the Authority to pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to such provision in the sums payable under the Superannuation Act 1972 out of money provided by Parliament. (3) Where an order under subsection (1) above is made, the Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit-- (a) delegate to any person the function of administering a scheme made under section 1 of the Superannuation Act 1972, so far as relating to employees of the Authority; or (b) authorise the exercise of that function (so far as so relating) by, or by employees of, any person. (4) A person to whom the function of administering a scheme made under section 1 of the Superannuation Act 1972 is delegated under subsection (3)(a) above may, to such extent and subject to such conditions as he may determine, authorise the exercise of that function by, or by employees of, any person. (5) Where a person is authorised under subsection (3)(b) or (4) above to exercise the function of administering a scheme made under section 1 of the [1972 c. 11.] Superannuation Act 1972, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him. (6) Subsection (5) above does not apply for the purposes of-- (a) any criminal proceedings against the authorised person (or any employee of his); or (b) any contract between him and the person who authorised him, so far as relating to the function. (7) A statutory instrument containing an order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. " 14 (1) Section 54 (indemnification of justices' and their clerks) is amended as follows. (2) In subsection (2) (indemnification out of local funds), for "out of local funds" (in both places) substitute "by the appropriate authority". (3) After that subsection insert-- " (2A) In subsection (2) above the "appropriate authority" means-- (a) the Greater London Magistrates' Courts Authority, where at the material time the justice or justices' clerk was acting for an area consisting of or falling within Greater London; or (b) the paying authority or authorities, where at the material time the justice or justices' clerk was acting for an area outside Greater London. " (4) In subsection (7) (apportionment between paying authorities), for the words from "there are" to "clerk," substitute ", in relation to any justice or justices' clerk acting for an area outside Greater London, there are two or more paying authorities,". (5) In subsection (9) (interpretation), in the definition of "paying authority", for the words from ", in relation" to the end substitute-- " (a) in relation to any justice or justices' clerk who at the material time acted for an area outside Greater London, means any authority which is a paying authority for the purposes of section 55 below in relation to the magistrates' courts committee for that area; and (b) in relation to a justice or justices' clerk who at the material time acted for an area consisting of or falling within Greater London, means the council of any London borough or the Common Council of the City of London. " 15 Before section 55 insert the heading-- " "Magistrates' courts committees outside Greater London". "16 (1) Section 55 (duties of local authorities) is amended as follows. (2) In subsection (1) (duties of local authorities), after "committee", in the first place, insert "for an area outside Greater London". (3) In subsections (4) and (5) (duty of paying authority or authorities to pay expenses of magistrates' courts committee), after "courts' committee" insert "for an area outside Greater London". (4) In subsection (10) (interpretation), after "courts' committee" insert "for an area outside Greater London". 17 (1) Section 56 (provision supplementary to section 55) is amended as follows. (2) In subsection (1) (determination by committee)-- (a) in paragraph (b), after "committee" insert "for an area outside Greater London", and (b) in paragraph (c), after "which" insert "such". (3) In subsection (2) (apportionment), after "committee", in the first place, insert "for an area outside Greater London". 18 In section 59(1) (regulations relating to accounts of magistrates' courts committees), after "magistrates' courts committees" insert "for areas outside Greater London". 19 After section 68 insert-- " 68A Provision of accommodation for justices and staffAny accommodation provided under any enactment for any justice, justices' clerk or justices' chief executive may be outside the area for which the justices act and, in the case of a petty sessional court-house, shall be treated as being in that area for the purposes of the jurisdiction of the justices when acting in the court-house. " Section 90. SCHEDULE 13 Functions transferred to justices' chief executivesThe London Hackney Carriages Act 1843 (c. 86)1 In section 24 of the London Hackney Carriages Act 1843 (application for summons), for "clerk of" substitute "justices' chief executive for". The Evidence Act 1851 (c. 99)2 (1) Section 13 of the Evidence Act 1851 (proof of previous conviction by copy of record certified by clerk) is amended as follows. (2) Number the existing provision as subsection (1) and for the words from "under the hand" to "such clerk or other officer," substitute "by the proper officer of the court where such conviction or acquittal took place". (3) After that subsection insert-- " (2) In subsection (1) "proper officer" means-- (a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and (b) in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer. " The Criminal Procedure Act 1865 (c. 18)3 (1) Section 6 of the Criminal Procedure Act 1865 (proof of previous conviction of witness by certificate signed by clerk) is amended as follows. (2) Number the existing provision as subsection (1) and for the words from "the clerk" to "such clerk or officer," substitute "the proper officer of the court where the offender was convicted". (3) After that subsection insert-- " (2) In subsection (1) "proper officer" means-- (a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and (b) in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer. " The Prevention of Crimes Act 1871 (c. 112)4 (1) Section 18 of the Prevention of Crimes Act 1871 (evidence of previous conviction by record signed by clerk) is amended as follows. (2) For the words from "clerk of the court" to "such clerk or officer;" substitute "proper officer of the court by which such conviction was made;". (3) For "clerk or other officer" substitute "proper officer". (4) At the end of that section insert--
The Fairs Act 1873 (c. 37)5 In section 6 of the Fairs Act 1873 (alteration of fair day on representation of justices), for "clerk to the justices acting in and for" substitute "justices' chief executive for". The Public Health Acts Amendment Act 1907 (c. 53)6 In section 94(7) of the Public Health Acts Amendment Act 1907 (licensing of pleasure boats), for "clerk" substitute "justices' chief executive for the court". The Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)7 (1) Section 4 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (power of magistrates' courts to confirm maintenance orders made in certain Commonwealth countries) is amended as follows (but that section as modified in relation to Northern Ireland by section 11 of that Act is not so amended). (2) In subsection (5B) (powers of court), for-- (a) "the clerk of the court or the clerk of any other magistrates' court", and (b) "the clerk of the court, or to the clerk of any other magistrates' court,", substitute "a justices' chief executive". (3) In subsection (6A) (application of section 60 of the [1980 c. 43.] Magistrates' Courts Act 1980)-- (a) in paragraph (b), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for "the clerk of the court, or to the clerk of any other magistrates' court," substitute "a justices' chief executive", and (b) in paragraph (c) (words to be regarded as replaced in subsection (5) of that section), for "clerk"" substitute "justices' chief executive for the court"". The Children and Young Persons Act 1933 (c. 12)8 The Children and Young Persons Act 1933 has effect subject to the following amendments. 9 In section 42(2)(b) (transmission of deposition of child), for "clerk" substitute "proper officer". 10 In section 45 (constitution of youth courts), number the existing provision as subsection (1) and insert-- " (2) The justices' chief executive appointed by a magistrates' courts committee is the justices' chief executive for every youth court for their area. " 11. In-- (a) section 46(1A) (notification of guilty plea), (b) section 56(3) (remission of case to youth court), and (c) section 106(2) (certification of copy of order), for "clerk of" substitute "justices' chief executive for". The Maintenance Orders Act 1950 (c. 37)12 Part II of the Maintenance Orders Act 1950 (enforcement of certain maintenance orders made in another part of the United Kingdom) has effect subject to the following amendments. 13 (1) Section 18 (enforcement of registered orders) is amended as follows. (2) In subsection (2ZA) (application of section 76 of the [1980 c. 43.] Magistrates' Courts Act 1980), in the subsection to be regarded as substituted as subsection (5) of that section, for-- (a) "the clerk of the court or the clerk of any other magistrates' court", and (b) "the clerk of the court, or to the clerk of any other magistrates' court,", substitute "a justices' chief executive". (3) In subsection (2A) (requirement of person liable under order to notify change of address to clerk of the court), for "clerk" substitute "proper officer". (4) After that subsection insert-- " (2B) In subsection (2A) of this section "proper officer" means-- (a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and (b) in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court. " 14 (1) Section 22 (discharge and variation of registered orders) is amended as follows. (2) In subsection (1B) (powers of court), for-- (a) "the clerk of the court or the clerk of any other magistrates' court in England and Wales", and (b) "the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,", substitute "a justices' chief executive". (3) In subsection (1E) (application of section 60 of the [1980 c. 43.] Magistrates' Courts Act 1980)-- (a) in paragraph (a), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for "the clerk of the court, or to the clerk of any other magistrates' court," substitute "a justices' chief executive", and (b) in paragraph (b) (words to be regarded as replaced in subsection (5) of that section), for "clerk"" substitute "justices' chief executive for the court"". 15 In section 24(5A)(b) (order requiring payment to the clerk of a magistrates' court to cease to have effect on cancellation of registration of order), for "the clerk of a magistrates' court in England and Wales" substitute "a justices' chief executive". The Army Act 1955 (c. 18)16 The Army Act 1955 has effect subject to the following amendments. 17 (1) Section 189 (delivery into military custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows. (2) In subsection (1) (fee payable to clerk of the court), for "clerk" substitute "proper officer". (3) After subsection (3) insert-- " (3A) In subsection (1) of this section "proper officer" means-- (a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and (b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court. " 18 (1) Section 199 (proof of outcome of civil trial) is amended as follows. (2) In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for "clerk" substitute "proper officer". (3) For subsection (4) substitute-- " (4) In this section "proper officer" means-- (a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and (b) in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court. " The Air Force Act 1955 (c. 19)19 The Air Force Act 1955 has effect subject to the following amendments. 20 (1) Section 189 (delivery into air-force custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows. (2) In subsection (1) (fee payable to clerk of the court), for "clerk" substitute "proper officer". (3) After subsection (3) insert-- " (3A) In subsection (1) of this section "proper officer" means-- (a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and (b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court. " 21 (1) Section 199 (proof of outcome of civil trial) is amended as follows. (2) In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for "clerk" substitute "proper officer". (3) For subsection (4) substitute-- " (4) In this section "proper officer" means-- (a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and (b) in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court. " The Naval Discipline Act 1957 (c. 53)22 The Naval Discipline Act 1957 has effect subject to the following amendments. 23 (1) Section 110 (delivery into naval custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows. (2) In subsection (2) (fee payable to clerk of the court), for "clerk" substitute "proper officer". (3) After subsection (2) insert-- " (2A) In subsection (2) of this section "proper officer" means-- (a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and (b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court. " 24 (1) Section 129B (proof of outcome of civil trial) is amended as follows. (2) In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for "clerk" substitute "proper officer". (3) For subsection (4) substitute-- " (4) In this section "proper officer" means-- (a) in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and (b) in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court. " The Maintenance Orders Act 1958 (c. 39)25 The Maintenance Orders Act 1958 has effect subject to the following amendments. 26 (1) Section 2 (registration of orders) is amended as follows. (2) In subsection (2)(b) (procedure on application for registration of order), for "clerk of" substitute "justices' chief executive for". (3) In subsection (5) (registration of orders), for "or clerk of" substitute "of, or justices' chief executive for,". (4) In subsection (6) (effect on magistrates' court order of registration in the High Court), for "the clerk of a magistrates' court" (in both places) substitute "a justices' chief executive". (5) In subsection (6ZA)(b) (effect on High Court order or county court order of registration in magistrates' court), for "the clerk of the court or the clerk of any other magistrates' court" substitute "a justices' chief executive". (6) In subsection (6ZC) (payments under order becoming or ceasing to be payable to clerk of a magistrates' court), for "the clerk of a magistrates' court" substitute "a justices' chief executive". 27 In section 3(3A) (requirement of person liable under order to notify change of address to clerk of the court), for "clerk of" substitute "justices' chief executive for". 28 (1) Section 4(5B) (application of section 60 of the [1980 c. 43.] Magistrates' Courts Act 1980) is amended as follows. (2) In paragraph (a), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for "the clerk of the court, or to the clerk of any other magistrates' court," substitute "a justices' chief executive". (3) In paragraph (b) (words to be regarded as replaced in subsection (5) of that section), for "clerk"" substitute "justices' chief executive for the court"". (4) In paragraph (e), in the subsection (9) to be regarded as substituted for subsections (9) and (10) of that section, for-- (a) "the clerk of the court or the clerk of any other magistrates' court", and (b) "the clerk of the court, or to the clerk of any other magistrates' court,", substitute "a justices' chief executive". 29 (1) Section 5 (cancellation of registration) is amended as follows. (2) In subsection (5) (cancellation of registration of High Court or county court order), for "the clerk of a magistrates' court" (in both places) substitute "a justices' chief executive". (3) In subsection (6)(b) (cancellation of registration of magistrates' court order), for "clerk of" substitute "justices' chief executive for". 30 In section 18 (powers of magistrates to review committals), for "clerk of" (in each place) substitute "justices' chief executive for". 31 In section 20(1) (clerk of magistrates' court entitled to receive payments for transmission to another)-- (a) for "the clerk of a magistrates' court" substitute "a justices' chief executive", and (b) for "the clerk is" substitute "a justices' chief executive is". The Betting, Gaming and Lotteries Act 1963 (c. 2)32 The Betting, Gaming and Lotteries Act 1963 has effect subject to the following amendments. 33 (1) Section 10A (cancellation of betting office licence) is amended as follows. (2) In subsection (4) (notification of cancellation)-- (a) for "clerk of" substitute "proper officer of", and (b) for "clerk to" (in both places) substitute "proper officer of". (3) After that subsection insert-- " (5) In subsection (4)--
34 (1) Section 11 (cancellation of and disqualification for bookmaker's permit or betting agency permit) is amended as follows. (2) In subsection (5) (notification of cancellation)-- (a) for "clerk of" substitute "proper officer of", and (b) for "clerk to" (in both places) substitute "proper officer of". (3) After that subsection insert-- " (6) In subsection (5)--
35 (1) Schedule 1 (bookmaker's permits, betting agency permits and betting offices licences) is amended as follows. (2) In paragraph 2 (interpretation), for the definition of "clerk to the appropriate authority" substitute-- " "the proper officer of the appropriate authority" means-- (a) in England, the chief executive to the justices comprising the committee referred to in paragraph 1 of this Schedule; and (b) in Scotland, the clerk to the licensing court; " . (3) In paragraphs 5 and 6 (applications for grant of permit or licence), for "clerk to" substitute "proper officer of". (4) In paragraph 7 (notification of meeting to consider application)-- (a) for "clerk to", in both places, substitute "proper officer of", and (b) for "clerk", in the remaining four places, substitute "proper officer". (5) In paragraph 8 (applications for renewal of permit or licence), for "clerk to" (in each place) substitute "proper officer of". (6) In paragraph 9 (person to whom application to be made)-- (a) for "clerk to" (in both places) substitute "proper officer of", and (b) in paragraph (a), for "clerk" substitute "proper officer". (7) In paragraph 11(b) (receipt of objections), for "clerk to" substitute "proper officer of". (8) In paragraph 12 (procedure where objection received), for "clerk" substitute "proper officer". (9) In paragraph 20 (grant or renewal of permit or licence)-- (a) in sub-paragraph (1), for "clerk to" substitute "proper officer of", and (b) in sub-paragraph (2), for "clerk to" substitute "proper officer of". (10) In paragraph 20A (clerk to act on unopposed applications for renewal)-- (a) in sub-paragraph (1), for "clerk to" substitute "proper officer of" and for "clerk may" substitute "clerk to the authority may", and (b) after sub-paragraph (4) insert-- " (5) For the purposes of this paragraph, the clerk to the appropriate authority, where the authority is a committee of the justices acting for a petty sessions area, is the clerk to those justices or, if there are two or more clerks to those justices-- (a) such one of those clerks as the magistrates' courts committee having power over the appointment of clerks to justices for that area may direct; or (b) in default of any such direction, any of those clerks. " (11) In-- Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 -- Back --
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