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Access to Justice Act 1999 (c. 22)(The document as of February, 2008) Page 14 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 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. (2) In subsection (6) (protection for clerk)-- (a) for "The clerk of a magistrates' court" substitute "A justices' chief executive", and (b) for "the clerk" substitute "the justices' chief executive". (3) In subsection (7) (definition of "collecting officer"), for "the clerk of a magistrates' court" substitute "a justices' chief executive". The Powers of Criminal Courts Act 1973 (c. 62)83 The Powers of Criminal Courts Act 1973 has effect subject to the following amendments. 84 In section 1B(5)(b) (memorandum of conviction in magistrates' court), for "clerk of the court" substitute "justices' chief executive". 85 In section 26(5) and (7) (suspended sentence supervision orders), for "clerk to the justices" substitute "justices' chief executive". The Salmon and Freshwater Fisheries Act 1975 (c. 51)86 (1) Schedule 4 to the Salmon and Freshwater Fisheries Act 1975 (procedure relating to offences) is amended as follows. (2) In paragraphs 10 and 12 (delivery of licence and certificate of conviction), for "clerk" substitute "proper officer". (3) After paragraph 13 insert--
The Lotteries and Amusements Act 1976 (c. 32)87 (1) Schedule 3 to the Lotteries and Amusements Act 1976 (permits for commercial provision of amusements with prizes) is amended as follows. (2) In paragraph 1(2) (interpretation), at the end insert " and "the proper officer of the appropriate authority" means-- (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. " (3) In paragraph 8(2) and (3) (appeals), for "clerk to" substitute "proper officer of". (4) In paragraph 18 (fees), for "clerk" substitute "proper officer". The Adoption Act 1976 (c. 36)88 In section 58A(3) of the Adoption Act 1976 (duty of clerk of a magistrates' court to send to Secretary of State particulars about proceedings relating to children), for "clerk of" substitute "justices' chief executive for". The Bail Act 1976 (c. 63)89 In section 6(9)(c)(i) of the Bail Act 1976 (certification of copy of court record by justices' clerk), for the words from "clerk" to the end substitute "chief executive". The Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)90 The Domestic Proceedings and Magistrates' Courts Act 1978 has effect subject to the following amendments. 91 In section 20ZA(3) (variation of orders for periodical payments to provide that payments shall be made to the court clerk), for "to the clerk" substitute "to the justices' chief executive for the court". 92 In section 32(2) (enforcement of orders for payment of money), for "the clerk of a magistrates' court" substitute "a justices' chief executive". 93 (1) Section 35 (orders for repayment of sums paid after cessation of order by reason of marriage) is amended as follows. (2) In subsection (7) (protection for clerk)-- (a) for "The clerk of a magistrates' court" substitute "A justices' chief executive", and (b) for "the clerk" substitute "the justices' chief executive". (3) In subsection (8) (definition of "collecting officer"), for "clerk of a magistrates' court" substitute "justices' chief executive". The Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)94 (1) Section 4 of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (supplemental) is amended as follows. (2) In subsection (3) (copy of exclusion order to be sent to licensee of relevant premises), for the words from "clerk" to "may be," substitute "proper officer of the court". (3) After that subsection insert-- " (4) For the purposes of subsection (3) above-- (a) the proper officer of a magistrates' court in England and Wales is the justices' chief executive for the court; (b) the proper officer of the Crown Court is the appropriate officer; and (c) the proper officer of a court in Scotland is the clerk of the court. " The Magistrates' Courts Act 1980 (c. 43)95 The Magistrates' Courts Act 1980 has effect subject to the following amendments. 96 In section 6(5) (clerk to display details of cases committed for trial), for "clerk of" substitute "justices' chief executive for". 97 In section 12 (non-appearance of accused: plea of guilty), in subsections (1)(b), (4) (in both places) and (6) (in both places), for "clerk of" substitute "justices' chief executive for". 98 (1) Section 14 (avoidance of certain proceedings) is amended as follows. (2) In subsection (1)(b) (service of declaration), for "clerk to the justices" substitute "justices' chief executive for the court". (3) In subsection (2) (deemed service), for "clerk to the justices" substitute "justices' chief executive". 99 (1) Section 59 (orders for periodical payment: means of payment) is amended as follows. (2) In subsection (3)(b) (power of the court to order payment to clerk), for "the clerk of the court or to the clerk of any other magistrates' court" substitute "a justices' chief executive". (3) In subsection (8) (power to specify method of payment to a clerk), for "the clerk of a magistrates' court" substitute "a justices' chief executive". 100 (1) Section 59A (orders for periodical payments: proceedings by clerk) is amended as follows. (2) In subsection (1) (proceedings by clerk where payment not made)-- (a) for "the clerk of a magistrates' court" substitute "a justices' chief executive", (b) for "the clerk of the relevant court" substitute "the relevant justices' chief executive", and (c) for "to the clerk" substitute "to that justices' chief executive". (3) In subsection (2) (authority to clerk to act under subsection (3))-- (a) for "the clerk of a magistrates' court" substitute "a justices' chief executive", and (b) for "the clerk of the relevant court for the clerk" substitute "the relevant justices' chief executive for him". (4) In subsection (3) (proceedings by clerk), for "the clerk of the relevant court, the clerk" substitute "the relevant justices' chief executive, he". (5) In subsection (4) (cessation of authority)-- (a) for "the clerk of a relevant court" substitute "a justices' chief executive", (b) for "clerk cancelling" substitute "justices' chief executive cancelling", and (c) for "clerk shall" substitute "justices' chief executive shall". (6) In subsection (7) (interpretation), for the definition of "the relevant court" substitute-- " "the relevant justices' chief executive", in relation to an order, means-- (a) in a case where payments under the order are required to be made to or through a justices' chief executive, that justices' chief executive; (b) in a case where such payments are required to be made by any method of payment falling within section 59(6) above and the order was made by a magistrates' court, the justices' chief executive for that magistrates' court; and (c) in a case where such payments are required to be made by any method of payment falling within section 59(6) above and the order was not made by a magistrates' court, the justices' chief executive for the magistrates' court in which the order is registered; " . (7) In the sidenote, for "clerk" substitute "justices' chief executive". 101 In section 60(5) (variation of order to provide that payments be made to magistrates' clerk), for "to the clerk" substitute "to the justices' chief executive for the court". 102 In section 61(1)(b) (rules about apportionment of sums paid to clerk between two or more orders)-- (a) for "clerk to a magistrates' court" substitute "justices' chief executive", and (b) for "that clerk" substitute "that justices' chief executive". 103 In section 62(1)(ii) (proceedings by clerk for sums payable to child), for "clerk of" substitute "justices' chief executive for". 104 In section 82(5A) (clerk to serve notice of hearing to consider issue of warrant of commitment for default in paying fine), for "clerk of" substitute "justices' chief executive for". 105 (1) Section 87 (enforcement of payment of fines by High Court and county court) is amended as follows. (2) In subsection (1) (enforcement as if sum due to magistrates' clerk in pursuance of High Court or county court order), for "clerk of" substitute "justices' chief executive for". (3) In subsection (3) (clerk not to take proceedings unless authorised by court after inquiry), for "clerk of the magistrates' court" substitute "justices' chief executive". (4) In subsection (4) (expenses of clerk in recovering sum to be treated as expenses of magistrates' courts committee), for "the clerk of a magistrates' court" substitute "a justices' chief executive". 106 (1) Section 87A (fines imposed on companies) is amended as follows. (2) In subsection (1) (power of court to apply for administration order or winding up), for "clerk of" substitute "justices' chief executive for". (3) In subsection (2) (expenses of clerk to be treated as expenses of magistrates' courts committee), for "the clerk of a magistrates' court" substitute "a justices' chief executive". 107 In section 89(2) (transfer of fine order: functions of clerk exercisable by clerk of court specified in order), for "clerk of" (in both places) substitute "justices' chief executive for". 108 In section 90(3) (functions of clerk in relation to payment of fine to cease to be exercisable on making of order for payment to be enforceable in Scotland or Northern Ireland), for "clerk of" substitute "justices' chief executive for". 109 In section 91(1) (functions of clerk in relation to payment of fine imposed in Scotland or Northern Ireland on making of order for payment to be enforceable in England and Wales), for "clerk of" substitute "justices' chief executive for". 110 In section 95(3) (instalments: powers of the court in relation to non-English maintenance orders), 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". 111 In section 97A(9), (10) and (11) (summons or warrant as to committal proceedings), for "clerk of" substitute "chief executive to". 112 In section 99 (proof of non-payment of sum adjudged)-- (a) for "clerk of a magistrates' court" substitute "justices' chief executive", and (b) for "the clerk" (in both places) substitute "the justices' chief executive". 113 In section 114 (payment to clerk of fees and recognizances on case stated), for "him the fees payable for the case and for the recognizances" substitute "the fees payable for the case and for the recognizances to the justices' chief executive for the court". 114 (1) Section 137 (fees) is amended as follows. (2) In subsection (1) (fees chargeable by clerks limited by Part I of Schedule 6), for "clerks of magistrates' courts" substitute "justices' chief executives". (3) In subsection (2) (no fee chargeable by clerk in respect of matters specified in Part II of Schedule 6), for "clerk of a magistrates' court" substitute "justices' chief executive". 115 In section 139 (application by clerk of money received on account of sum adjudged to be paid by summary conviction), for "clerk of a magistrates' court" substitute "justices' chief executive". 116 In section 144(1) (rules about procedure and practice to be followed in magistrates' courts and by justices' clerks), insert at the end "and justices' chief executives." 117 In Schedule 6 (fees), in the heading to Part I (fees to be taken by clerks), for "CLERKS TO JUSTICES" substitute "JUSTICES' CHIEF EXECUTIVES". The Highways Act 1980 (c. 66)118 In section 47(6) of the Highways Act 1980 (notification by clerk as to decision of justices who view allegedly unnecessary highway), for "clerk" substitute "chief executive". The Betting and Gaming Duties Act 1981 (c. 63)119 The Betting and Gaming Duties Act 1981 has effect subject to the following amendments. 120 (1) Paragraph 15 of Schedule 1 (enforcement of betting duty) is amended as follows. (2) In sub-paragraph (4) (notification of forfeiture and cancellation of betting office licence)-- (a) for "clerk of" substitute "proper officer of", and (b) for the words from "clerk to", in the first place, to "clerk to", in the second place, substitute "proper officer of the appropriate authority who last either granted or renewed the licence, send a copy of the order to the proper officer of". (3) After that sub-paragraph insert-- " (4A) In sub-paragraph (4) above--
121 (1) Paragraph 15 of Schedule 4 (register of permits) is amended as follows. (2) In sub-paragraph (1) (registers of permits etc.), for "clerk to" substitute "proper officer of". (3) After sub-paragraph (2) insert-- " (3) In sub-paragraph (1) above "proper officer of the appropriate authority" means-- (a) where the appropriate authority is a committee of the justices acting for a petty sessions area, the chief executive to the justices; and (b) in any other case, the clerk to the authority. " The Civil Jurisdiction and Judgments Act 1982 (c. 27)122 (1) Section 5 of the [1980 c. 43.] Civil Jurisdiction and Judgments Act 1982 (recognition and enforcement of maintenance orders) is amended as follows. (2) In subsection (5B) (application of section 76 of the 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 (7) (requirement of payer to notify change of address to clerk of the court), for "clerk" substitute "proper officer". (4) After that subsection insert-- " (8) In subsection (7) "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 magistrates' court in Northern Ireland, the clerk of the court. " The Criminal Justice Act 1982 (c. 48)123 (1) Section 18 of the Criminal Justice Act 1982 (order discharging or varying an attendance centre order) is amended as follows. (2) In subsection (8) (clerk to deliver copies of order), for "clerk to" substitute "proper officer of". (3) After subsection (9) insert-- " (10) In subsection (8) above "proper officer" 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. " The Licensing (Occasional Permissions) Act 1983 (c. 24)124 In section 2(2), (3), (4) and (5) of the Licensing (Occasional Permissions) Act 1983 (applications for occasional permissions), for "clerk" substitute "chief executive". The Police and Criminal Evidence Act 1984 (c. 60)125 The Police and Criminal Evidence Act 1984 has effect subject to the following amendments. 126 In section 16(10) and (11) (warrants to be returned to and retained by clerk), for "clerk" substitute "chief executive". 127 In section 47(3A)(b) (date for appearance on granting of bail), for "clerk to the justices" substitute "justices' chief executive." 128 (1) Section 73 (proof of conviction) is amended as follows. (2) In subsection (2) (certificate of conviction to be signed by clerk), for "clerk" (in each place) substitute "proper officer". (3) For subsection (3) substitute-- " (3) In subsection (2) above "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, his deputy or any other person having custody of the court record. " The Prosecution of Offences Act 1985 (c. 23)129 The Prosecution of Offences Act 1985 has effect subject to the following amendments. 130 In section 7(4) (justices' clerk to send to Director of Public Prosecutions details of certain cases which do not proceed)-- (a) for "justices' clerk" substitute "justices' chief executive", and (b) for "the magistrates' court to which he is clerk" substitute "a magistrates' court for which he is the justices' chief executive". 131 In section 23(3), (7) and (8) (discontinuance of proceedings by Director of Public Prosecutions), for "clerk of" substitute "justices' chief executive for". The Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)132 In section 4(6) of the Sporting Events (Control of Alcohol etc.) Act 1985 (power of justices' clerks to charge fees), for "clerks" substitute "chief executives". The Insolvency Act 1986 (c. 45)133 In sections 9(1) and 124(1) of the Insolvency Act 1986 (applications for administration order and winding up), for "the clerk of a magistrates' court" substitute "a justices' chief executive". The Public Order Act 1986 (c. 64)134 In section 34(1) and (2) of the Public Order Act 1986 (notification by clerk of making or termination of exclusion order), for "clerk of" substitute "justices' chief executive for". The Coroners Act 1988 (c. 13)135 In sections 16(1)(a) and 17(1) of the Coroners Act 1988 (coroner to adjourn inquest on being notified by clerk of proceedings relating to the death in question), for "clerk of" substitute "justices' chief executive for". The Criminal Justice Act 1988 (c. 33)136 The Criminal Justice Act 1988 has effect subject to the following amendments. 137 In section 41(10) and (11)(a) (clerk of magistrates' court to be notified about outcome of certain proceedings in Crown Court and Court of Appeal), for "clerk of" substitute "justices' chief executive for". 138 In section 67(1) (clerk to be notified of fine imposed by coroner), for "clerk of" substitute "justices' chief executive for". 139 In section 81(3) to (9) (application of proceeds of realisation and other sums), for "justices' clerk" (in each place) substitute "justices' chief executive". The Road Traffic Offenders Act 1988 (c. 53)140 The Road Traffic Offenders Act 1988 has effect subject to the following amendments. 141 (1) Section 7 (duty of accused to provide licence to clerk of court) is amended as follows. (2) Number the existing provision as subsection (1) and, in paragraph (a) of that provision, for "clerk" substitute "proper officer". (3) After that provision insert-- " (2) In subsection (1) above "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. " 142 In sections 8(a) and 25(2)(a) (notification to clerk of date of birth and sex), for "to the clerk of a court in pursuance of section 12(2)" substitute "to a justices' chief executive in pursuance of section 12(4)". 143 (1) Section 26 (interim disqualification) is amended as follows. (2) In subsection (7), in paragraph (b) (licence of person subject to interim disqualification to be sent to clerk), for "clerk" substitute "proper officer". (3) After that subsection insert-- " (2) In subsection (7) above "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. " 144 (1) Section 27 (production of licence) is amended as follows. (2) In subsection (4) (exceptions), for "clerk" (in both places) substitute "proper officer". (3) After that subsection insert-- " (5) In subsection (4) above "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. " 145 (1) Section 34B (certificate of completion of course) is amended as follows. (2) In subsections (1), (2) (in both places), (6) and (7), for "clerk" substitute "proper officer". (3) In subsection (9)-- (a) for "clerk of a court" substitute "proper officer of a court", and (b) for "clerk or" substitute "officer or". 146 In section 34C(2) (interpretation), after the definition of "petty sessions area" insert-- " "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 sheriff court in Scotland, the clerk of the court; " . 147 In section 52(3)(c) (fixed penalty notice to specify justices' clerk to whom payment to be made), for "justices' clerk" substitute "justices' chief executive". 148 (1) Section 69 (payment of fixed penalty) is amended as follows. (2) In subsection (1) (payment to be made to justices' clerk specified in notice), for "justices' clerk" substitute "justices' chief executive". (3) In subsection (4) (definition of "fixed penalty clerk"), after "references to the" insert "justices' chief executive or". 149 In section 70(4)(a) (registration certificate to be sent to clerk to justices where offender resides), for "clerk to the justices" substitute "justices' chief executive". 150 (1) Section 71 (registration of sums payable in default) is amended as follows. (2) For subsections (1) and (2) substitute-- " (1) Where, in England and Wales, a justices' chief executive receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default-- (a) if it appears to him that the defaulter resides in a petty sessions area for which he is the justices' chief executive, he must register that sum for enforcement as a fine in that area by entering it in the register of a magistrates' court acting for that area, (b) if it appears to him that the defaulter resides in any other petty sessions area in England and Wales, he must send the certificate to the justices' chief executive for that area, or (c) if it appears to him that the defaulter resides in Scotland, he must send the certificate to the clerk of the court of summary jurisdiction for the area in which the defaulter appears to him to reside. (2) Where, in Scotland, the clerk of a court receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default-- (a) if it appears to him that the defaulter resides in the area of the court, he must register that sum for enforcement as a fine by that court, (b) if it appears to him that the defaulter resides in the area of any other court of summary jurisdiction in Scotland, he must send the certificate to the clerk of that court, or (c) if it appears to him that the defaulter resides in England and Wales, he must send the certificate to the justices' chief executive for the petty sessions area in which the defaulter appears to him to reside. (2A) Subsections (1) and (2) apply to executives and clerks who receive certificates pursuant to the provision they contain as they apply to the original recipients. " (3) In subsection (6) (notice to defaulter), for "clerk to the justices" substitute "justices' chief executive". 151 In sections 72(1) and (6) and 73(1)(b) and (7) (invalidity of registration notice), for "clerk" substitute "proper officer". 152 (1) Section 74 (supplementary) is amended as follows. (2) In subsection (4) (service of statutory declaration), for "clerk" substitute "proper officer". (3) In subsection (5) (interpretation), for paragraph (b) substitute-- " (b) references to the proper officer of the relevant court are-- (i) in the case of a magistrates' court, references to the justices' chief executive for that court, and (ii) in the case of a court of summary jurisdiction in Scotland, references to the clerk of the court, and " . 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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