Access to Justice Act 1999 (c. 22)

(The document as of February, 2008)

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(11) In--

(a) paragraph 21(1), (2) and (4)(b) (appeals),

(b) paragraph 25 (notification of change in directors),

(d) paragraphs 28A(1)(a) and (2), 28B(2) and (3) and 28C(1) and (2) (cancellation of betting office licence),

(e) paragraph 34 (registers), and

(f) paragraphs 36 and 37(1) (provision of information),

for "clerk to" substitute "proper officer of".

The Licensing Act 1964 (c. 26)

36 The Licensing Act 1964 has effect subject to the following amendments.

37. In--

(a) section 8A(2) (approval of prospective licensee),

(b) section 9A(2) (grant of interim authority), and

for "clerk" substitute "chief executive".

38 (1) Section 20 (consent for alteration of premises) is amended as follows.

(2) In subsection (2) (plans to be deposited with clerk), for "clerk" substitute "chief executive".

(3) In subsection (4) (notice of order forfeiting licence or directing restoration of premises)--

(a) for "clerk of" substitute "justices' chief executive for", and

(b) for "clerk to" (in each place) substitute "chief executive to".

39 In section 20A(3) (revocation of justices' licences), for "clerk" substitute "chief executive".

40 (1) Section 22 (procedural provisions as to appeals) is amended as follows.

(2) In subsections (1) and (2) (notice to be given to clerk), for "clerk" substitute "chief executive".

(3) In subsection (4) (clerk to send notice of appeal to Crown Court), for "clerk to" substitute "chief executive to".

(4) In subsection (5) (recording by clerk of persons opposing grant), for "clerk" substitute "chief executive".

41 In section 27(4)(c)(ii) (notice for renewal of licence given to clerk), for "clerk" substitute "chief executive".

42 (1) Section 28 (clerk to licensing justices) is amended as follows.

(2) In the heading and in the sidenote, after "clerk" insert "and chief executive".

(3) After subsection (4) insert--

" (5) The justices' chief executive for a petty sessions area shall be chief executive to the licensing justices for the licensing district consisting of that area. "

43 In section 30 (register of licences), in--

(a) subsection (1) (clerk to keep register), and

(b) subsection (4) (certification of entry by clerk),

for "clerk" substitute "chief executive".

44 (1) Section 31 (matters to be entered in register) is amended as follows.

(2) In subsection (1) (notice of conviction to be entered in register)--

(a) for "clerk", in the first place, substitute "chief executive",

(b) for "clerk of" substitute "justices' chief executive for",

(d) for "that clerk" substitute "him".

(3) In subsection (2), for "clerk" substitute "chief executive".

45 In section 32(1) and (2) (persons with interest in property to be registered), for "clerk" substitute "chief executive".

46 In section 33 (notice of conviction of licence holder to be served on registered owner), in--

(a) subsection (1) (clerk to serve notice), and

(b) subsection (2) (provisions about service) (in both places),

for "clerk" substitute "chief executive".

47 In section 34(3) (refusal of inspection of register), for "clerk" substitute "chief executive".

48 In section 46(2) (notice to fire authority of application for registration certificate), for "clerk" substitute "chief executive".

49 (1) Section 51 (register of clubs) is amended as follows.

(2) In subsection (1) (clerk to keep register), for "clerk" substitute "chief executive".

(3) In subsection (2) (particulars to be registered), for "clerk" substitute "chief executive".

(4) In subsection (4) (notice of change of particulars), for "clerk" substitute "chief executive".

50. In--

(a) section 62(3) (permitted hours in clubs),

(b) section 75(2) and (3) (application for exemption order) (in each place),

(d) sections 133(1) and 142(1) (restoration of suspended licence),

(e) sections 150(3) and (4)(a), 151(6), 153A(3) and 154(1)(b) (canteen licences),

(f) section 180(3) and (4) (occasional licences) (in each place), and

(g) section 199(c) (saving relating to theatres),

for "clerk" substitute "chief executive".

51 In Schedule 2 (applications for justices' licences), in--

(a) paragraph 1(a) (notice to clerk),

(b) paragraph 3 (deposition of plan), and

for "clerk" substitute "chief executive".

52 (1) Schedule 6 (applications and complaints relating to registration certificates) is amended as follows.

(2) In paragraphs 1(1) and (3) and 2 (procedure on making of application), for "clerk" substitute "chief executive".

(3) In paragraph 4 (copies of application)--

(a) for "clerk to" substitute "chief executive to",

(b) for "clerk is" substitute "chief executive is", and

(4) In paragraphs 6(1) and 7 (objections), for "clerk" substitute "chief executive".

53 In Schedule 8A (procedure for making, varying or revoking restriction orders), in--

(a) paragraph 1(1) (notice of application to licensing justices), and

(b) paragraph 4(2) (notice of application to magistrates' court),

for "clerk" substitute "chief executive".

54 In paragraph 7 of Schedule 11 (clerk to licensing planning committee)--

(a) for "clerk", in the first place, substitute "chief executive", and

(b) for "districts, the clerk to the licensing justices", substitute "districts for which there are different chief executives, the chief executive".

55 In Schedule 12 (canteen licences), in paragraphs 1(1)(a) and 3, for "clerk" substitute "chief executive".

56 In Schedule 12A (children's certificates), in--

(a) paragraphs 1(1) and 2(1) (applications), and

(b) paragraphs 7(3)(a) and 8(a) (duration),

for "clerk" substitute "chief executive".

The Gaming Act 1968 (c. 65)

57 The Gaming Act 1968 has effect subject to the following amendments.

58 (1) Schedule 2 (grant etc. of licences) is amended as follows.

(2) In paragraph 1(1) (licensing authority), at the end insert "and references to the proper officer of a licensing authority shall be construed accordingly".

(3) In paragraphs 5(2) and 6(2) (procedure for application), for "clerk to" substitute "proper officer of".

(4) In paragraph 7 (public notice of application)--

(a) in sub-paragraph (1), for "clerk to" substitute "proper officer of",

(b) in sub-paragraph (2), for "clerk to" substitute "proper officer of" and for "if the clerk" substitute "if the proper officer", and

(5) In paragraph 12(1) (making of application for renewal), for "clerk to" substitute "proper officer of".

(6) In paragraph 13 (notification of application for renewal)--

(a) in sub-paragraphs (2) and (3), for "clerk to" substitute "proper officer of",

(b) in sub-paragraph (4), for "clerk to" substitute "proper officer of" and for "clerk", in the other two places, substitute "proper officer", and

(7) In paragraph 14(2)(a) (proceedings on application for grant or renewal), for "clerk to" substitute "proper officer of".

(8) In paragraph 15 (objections)--

(a) for "clerk to" substitute "proper officer of", and

(b) in paragraph (b), for "clerk" substitute "proper officer".

(9) In--

(a) paragraph 28 (notification of Board's advice),

(b) paragraph 29(1) (in both places) and (2) (appeal by applicant),

(d) paragraph 33(1) (appeal in Scotland),

(e) paragraph 35(5) (revocation of certificate of consent), and

(f) paragraphs 36(1) and (3) and 37 (cancellation),

for "clerk to" substitute "proper officer of".

(10) In paragraph 46(1) (notice of appeal), for "clerk" substitute "proper officer".

(11) In paragraph 48 (cancellation of licence where holder convicted of offence)--

(a) in sub-paragraph (4), for "clerk of" and for "clerk to" (in both places) substitute "proper officer of", and

(b) after that sub-paragraph insert--

" (5) In sub-paragraph (4) of this paragraph, "the proper officer of the court" means--

(a) in relation to a magistrates' court, the justices' chief executive for the court, and

(b) in relation to any other court, the clerk of the court. "

(12) In paragraphs 57(4) and 58(1) (transfer of licence), for "clerk to" substitute "proper officer of".

(13) In paragraph 63 (fees)--

(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".

(14) In paragraphs 64(1) and 65(1) and (2) (notification of corporate changes), for "clerk to" substitute "proper officer of".

59 (1) Schedule 3 (registration of members' clubs in England and Wales) is amended as follows.

(2) In--

(a) paragraph 12(1) (appeal by applicant),

(b) paragraph 13(1) (appeal by Board), and

for "clerk" substitute "chief executive".

(3) In paragraph 17 (cancellation pursuant to conviction)--

(a) in sub-paragraph (3), for "clerk of" substitute "proper officer of" and for "clerk to" (in both places) substitute "chief executive to", and

(b) after that sub-paragraph insert--

" (4) In sub-paragraph (3) of this paragraph the "proper officer of the court" means--

(a) in relation to a magistrates' court, the justices' chief executive for the court, and

(b) in relation to the Crown Court, the appropriate officer of the court. "

(4) In--

(a) paragraph 23 (fees), and

(b) paragraph 24(1) and (2) (relinquishment of registration),

for "clerk" substitute "chief executive".

60 In Schedule 7 (registration for gaming by means of machines), in--

(a) paragraph 3(1) (application for registration),

(b) paragraph 4(1) (application for renewal of registration),

(d) paragraphs 13(1), 14 and 20(1) (cancellation of registration),

(e) paragraph 24 (fees), and

(f) paragraph 25(1) and (2) (relinquishment of registration),

for "clerk" substitute "chief executive".

61 (1) Schedule 9 (permits under section 34) is amended as follows.

(2) In paragraph 11(2) and (3) (appeals), for "clerk to" substitute "proper officer of".

(3) In paragraph 21 (fees), for "clerk" substitute "proper officer".

(4) After paragraph 23 insert--

" 24. For the purposes of this Schedule the proper officer of an appropriate authority is--
(a)
where the appropriate authority is the licensing justices for a licensing district in England and Wales, the chief executive to the justices, and
(b)
in any other case, the clerk to the authority. "

The Late Night Refreshment Houses Act 1969 (c. 53)

62 In section 6(2) of the Late Night Refreshment Houses Act 1969 (licensing authority to give to clerk to justices a copy of register of late night refreshment houses in the area), for the words from "to the clerk" to the end substitute "a copy of or extract from the list or register to the justices' chief executive for any petty sessions area falling wholly or partly within their area."

The Children and Young Persons Act 1969 (c. 54)

63 In the Children and Young Persons Act 1969, in--

(a) section 18(3) (copies of, or of variation or discharge of, supervision order) (in both places), and

(b) section 19(5) and (10) (copies of supervision arrangements),

for "clerk to the justices" substitute "justices' chief executive".

The Attachment of Earnings Act 1971 (c. 32)

64 The Attachment of Earnings Act 1971 has effect subject to the following amendments.

65 In section 3(1)(c) (persons who may apply for an attachment of earnings order), for "the clerk of a magistrates' court, the clerk of that court" substitute "a justices' chief executive, that justices' chief executive".

66 In section 6(7)(c) (clerk to be collecting officer in case of order made by a magistrates' court), for "clerk either of that court or of" substitute "justices' chief executive for that court or for".

67 In section 17(3)(d) (power to require court officer to deal with payments under consolidated attachment order as directed by court or rules), for "clerk or registrar" substitute "officer".

68 (1) Section 18 (certain action not to be taken by collecting officer except on request) is amended as follows.

(2) In subsection (1) (clerk of magistrates' court not to make certain applications unless requested by person entitled to receive payments), for "The clerk of a magistrates' court" substitute "A justices' chief executive".

(3) In subsections (2) and (3) (effect of request), for "the clerk" substitute "a justices' chief executive".

69 In section 21(2)(a)(ii) (costs due to clerk of magistrates' court), for "clerk of" substitute "justices' chief executive for".

The Immigration Act 1971 (c. 77)

70 (1) Schedule 2 to the Immigration Act 1971 (administrative provisions) is amended as follows.

(2) In sub-paragraph (1) of paragraph 23, in paragraph (b) (particulars of recognizance to be given to clerk), for "clerk" substitute "proper officer".

(3) After that sub-paragraph insert--

" (1A) In sub-paragraph (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 a court of summary jurisdiction in Northern Ireland, the clerk of the court. "

(4) In sub-paragraph (3) of paragraph 31 (particulars of forfeited recognizance to be given to clerk), for "clerk" substitute "proper officer".

(5) After that sub-paragraph insert--

" (3A) In sub-paragraph (3) "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 a court of summary jurisdiction in Northern Ireland, the clerk of the court. "

The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

71 The Maintenance Orders (Reciprocal Enforcement) Act 1972 has effect subject to the following amendments.

72 In section 7(5B) (powers of magistrates' court on confirming provisional order made in reciprocating country), 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".

73 (1) Section 8 (enforcement of maintenance order registered in United Kingdom court) is amended as follows.

(2) In subsection (3) (requirement of person liable under order to notify change of address to clerk of the court), for "clerk" substitute "appropriate officer".

(3) After that subsection insert--

" (3A) In subsection (3) above "appropriate 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 a court elsewhere, the clerk of the court. "

(4) In subsection (4A) (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".

74 (1) Section 9(1ZA) (application of section 60 of the [1980 c. 43.] Magistrates' Courts Act 1980) is amended as follows.

(2) In paragraph (a), in the subsection (3A) to be regarded as inserted in 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 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".

(4) In paragraph (c) (words to be regarded as replaced in subsection (5) of that section), for "clerk"" substitute "justices' chief executive for the court"".

75 (1) Section 23 (maintenance orders registered in High Court under Maintenance Orders (Facilities for [1920 c. 33.] Enforcement) Act 1920) is amended as follows.

(2) In subsections (2), (3) and (4) (procedure), for "clerk" substitute "appropriate officer".

(3) After subsection (5) insert--

" (6) In this section "appropriate 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 a magistrates' court in Northern Ireland, the clerk of the court. "

76 In section 26 (application for recovery of maintenance in convention country), for subsections (6) and (7) substitute--

" (6) The appropriate officer for the purposes of this section is--

(a) where the applicant is residing in England and Wales, the justices' chief executive for the petty sessions area;

(b) where the applicant is residing in Northern Ireland, the clerk of the court for the petty sessions district; and

(c) where the applicant is residing in Scotland, the sheriff clerk or sheriff clerk depute of the sheriff court within the jurisdiction of which the applicant is residing. "

77 In section 27B (sending application to the appropriate magistrates' court), for "clerk of" (in each place) substitute "justices' chief executive for".

78 (1) Section 27C (application for recovery of maintenance in England and Wales) is amended as follows.

(2) In subsection (4) (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 (7) (registration of order), for "clerk of" substitute "justices' chief executive for".

79 (1) Section 32 (transfer of orders) is amended as follows.

(2) In subsection (2) (transmission of copy of order)--

(a) for "the clerk" (in both places) substitute "the appropriate officer", and

(b) for "that clerk" substitute "the appropriate officer".

(3) After that subsection insert--

" (2A) In subsection (2) above the "appropriate officer" means--

(a) in relation to a court in England and Wales, the justices' chief executive for the court; and

(b) in relation to a court in Northern Ireland, the clerk of the court. "

80 In section 34(3) (application from abroad to vary a registered order), for "the clerk of that court" substitute " --

(a) the justices' chief executive for the court, if the court is in England and Wales; or

(b) the clerk of the court, if the court is in Northern Ireland. "

81 (1) Section 34A (variation of orders by magistrates' courts) is amended as follows.

(2) In subsection (3) (powers of magistrates' courts), 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 (4)(b) (application for variation), for "the clerk of the court, or to the clerk of any other magistrates' court in England and Wales," substitute "a justices' chief executive".

The Matrimonial Causes Act 1973 (c. 18)

82 (1) Section 38 of the Matrimonial Causes Act 1973 (orders for repayment of sums paid after cessation of order by reason of marriage) is amended as follows.

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