Access to Justice Act 1999 (c. 22)

(The document as of February, 2008)

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(ii) in the case of a court of summary jurisdiction in Scotland, references to the clerk of the court, and " .

153 In section 75(6) (definition of "fixed penalty clerk" for purposes of conditional offers)--

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

(b) for "that clerk" substitute "he".

154 In section 82(2) (accounting where one clerk acts for another), for "justices' clerk" substitute "justices' chief executive".

155 In section 83(1)(b) (powers where clerk of court deceived), after "Act the" insert "justices' chief executive or".

156 In section 84(c) (power to make regulations prescribing duties of justices' clerks), for "justices' clerks" substitute "justices' chief executives".

The Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

157 (1) Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders) is amended as follows.

(2) In paragraph 1(5) (meaning of "proper officer"), for "clerk of", in the first three places, substitute "justices' chief executive for".

(3) In paragraph 9(4) (functions of clerk to be exercised by appropriate officer of High Court in case of order made elsewhere in British Islands), for "the clerk of a magistrates' court" substitute "a justices' chief executive".

The Football Spectators Act 1989 (c. 37)

158 In sections 7(7)(b) and 18(1) of the Football Spectators Act 1989 (duties of clerk in relation to notices of conviction and restriction orders), for "clerk of" substitute "justices' chief executive for".

The Children Act 1989 (c. 41)

159 The Children Act 1989 has effect subject to the following amendments.

160 In section 83(5) (clerk to provide particulars of proceedings), for "clerk of" substitute "justices' chief executive for".

161 In paragraph 6A(3) of Schedule 1 (variation of order to provide that payments be made to clerk), for "to the clerk" substitute "to the justices' chief executive for the court".

162 In paragraph 24(6) of Schedule 2 (signature of clerk as evidence of contribution order), for "clerk of" substitute "justices' chief executive for".

The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)

163 (1) Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (supervision and treatment orders) is amended as follows.

(2) In paragraph 3(4) (clerk to receive copy of supervision and treatment order), for "clerk to the justices" substitute "justices' chief executive".

(3) In paragraph 10(1) (clerk to send copy of revocation of supervision and treatment order to supervising officer), for "clerk to" substitute "justices' chief executive for".

(4) In paragraph 11 (amendment of orders), in sub-paragraph (1), for "clerk to the justices" (in both places) substitute "justices' chief executive" and after that sub-paragraph insert--

" (1A) Where the justices' chief executive for the court making the order is also the justices' chief executive for the new petty sessions area--

(a) sub-paragraph (1)(b) above does not apply; but

(b) the justices' chief executive shall give copies of the amending order to the supervising officer. "

(5) In that paragraph, in sub-paragraph (2), after "(1)" insert "or (1A)".

The Criminal Justice Act 1991 (c. 53)

164 The Criminal Justice Act 1991 has effect subject to the following amendments.

165 In section 20A(2) (official request is one made by clerk), for "clerk of" substitute "justices' chief executive for".

166 (1) Schedule 2 (enforcement etc. of community orders) is amended as follows.

(2) In paragraph 11, in sub-paragraph (1) (procedure on revocation of order), for "clerk to" substitute "proper officer of" and after that sub-paragraph insert--

" (1A) In sub-paragraph (1) 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. "

(3) In paragraph 18, in sub-paragraph (1) (procedure on the making of an amending order)--

(a) for "clerk to the court" substitute "justices' chief executive for the court", and

(b) for "clerk to the justices" (in both places) substitute "chief executive to the justices".

(4) In that paragraph, in sub-paragraph (1A) (procedure on making of order amending drug treatment and testing order), for "clerk to the court" substitute "justices' chief executive for the court".

The Social Security Administration Act 1992 (c. 5)

167 The Social Security Administration Act 1992 has effect subject to the following amendments.

168 In section 107(5) and (11) (recovery of expenditure on income support), for "to the clerk" substitute "to the justices' chief executive for the court".

169 In section 121(1)(b) (receipt of statement by clerk), for "clerk of" substitute "justices' chief executive for".

The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

170 In section 14(5)(b) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (Secretary of State to send supervised release order to clerk to the justices), for "clerk" substitute "chief executive".

The Pension Schemes Act 1993 (c. 48)

171 In section 68(1)(b) of the Pension Schemes Act 1993 (receipt by clerk of statement of failure to pay premiums), for "clerk of" substitute "justices' chief executive for".

The Drug Trafficking Act 1994 (c. 37)

172 In section 30(4) to (8) of the Drug Trafficking Act 1994 (application of proceeds of realisation and other sums), for "justices' clerk" (in each place) substitute "justices' chief executive".

The Road Traffic (New Drivers) Act 1995 (c. 13)

173 (1) Paragraph 3 of Schedule 1 to the Road Traffic (New Drivers) Act 1995 (duty to provide test certificate) is amended as follows.

(2) In sub-paragraph (3), in paragraph (b) (certificate not previously supplied to clerk), for "clerk" substitute "proper officer".

(3) 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 any other court, the clerk of the court. "

The Merchant Shipping Act 1995 (c. 21)

174 (1) Section 68 of the Merchant Shipping Act 1995 (power to summon witness) is amended as follows.

(2) In subsection (4) (particulars of fine to be given to clerk), for "clerk" substitute "proper officer".

(3) After that subsection insert--

" (4A) 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 a magistrates' court in Northern Ireland, the clerk of the court. "

The Criminal Procedure (Scotland) Act 1995 (c. 46)

175 In section 234(9) of the Criminal Procedure (Scotland) Act 1995 (copies of probation order relating to person resident in England and Wales to be sent to clerk of relevant area), for "clerk to the justices" substitute "justices' chief executive".

The Reserve Forces Act 1996 (c. 14)

176 The Reserve Forces Act 1996 has effect subject to the following amendments.

177 (1) Paragraph 7 of Schedule 2 (delivery into military, air-force or naval custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.

(2) In sub-paragraph (3) (fee payable to clerk of the court), for "clerk" substitute "proper officer".

(3) 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 any other court, the clerk of the court. "

178 (1) Paragraph 9 of Schedule 3 (proof of outcome of civil trial) is amended as follows.

(2) In sub-paragraphs (1), (2) and (3) (certificate signed by clerk is proof of outcome), for "clerk" substitute "proper officer".

(3) For sub-paragraph (4) substitute--

" (4) In this paragraph "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 Crime and Disorder Act 1998 (c. 37)

179 (1) Schedule 3 to the Crime and Disorder Act 1998 (procedure where no committal proceedings for indictable-only offence) is amended as follows.

(2) In paragraph 4(9), (10) and (11) (power of justice to take depositions etc), for "clerk of" substitute "chief executive to".

(3) In paragraph 6(7) (Crown Court to inform clerk of magistrates' court of outcome of trial), for "clerk of" substitute "justices' chief executive for".

Section 105.

SCHEDULE 14 Transitional provisions and savings

Part I General

1 (1) The Lord Chancellor may by order made by statutory instrument make such transitional provisions and savings he considers appropriate in connection with the coming into force of any provision of this Act.

(2) Nothing in the following provisions of this Schedule limits sub-paragraph (1).

(3) Nothing in this Schedule limits the operation of sections 16 and 17 of the [1978 c. 30.] Interpretation Act 1978 (effect of repeals).

Part II Legal Services Commission

Replacement of Legal Aid Board by Legal Services Commission

2 (1) When section 1 of this Act comes into force--

(a) the functions of the Legal Aid Board, and

(b) the property, rights and liabilities of the Board,

shall by virtue of this paragraph be transferred to the Legal Services Commission.

(2) Sub-paragraph (1)(b) has effect in relation to any property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would otherwise prevent or restrict their transfer.

3 (1) Anything which, immediately before section 1 of this Act comes into force, is in the process of being done by or in relation to the Legal Aid Board may, if it relates to anything transferred by paragraph 2(1), be continued by or in relation to the Legal Services Commission.

(2) Anything done (or having effect as if done) by or in relation to the Legal Aid Board before the time when section 1 of this Act comes into force for the purpose of, or in connection with, anything transferred by paragraph 2(1) shall, so far as is required for continuing its effect after that time, have effect as if done by or in relation to the Legal Services Commission.

(3) Any reference to the Legal Aid Board in any document, including any enactment, constituting or relating to anything transferred by paragraph 2(1) shall, so far as is required for giving effect to that paragraph, be construed as a reference to the Legal Services Commission.

4 Where rights and liabilities under a contract of employment are transferred under paragraph 2(1)(b)--

(a) for the purposes of Part XI of the [1996 c. 18.] Employment Rights Act 1996 (redundancy payments etc.), the employee shall not be regarded as having been dismissed by virtue of the transfer, and

(b) for the purposes of that Act, the employee's period of employment with the Legal Aid Board shall count as a period of employment with the Legal Services Commission and the change of employment shall not break the continuity of the period of employment.

5 (1) Any arrangements made by the Legal Aid Board under paragraph 10(2) of Schedule 1 to the [1988 c. 34.] Legal Aid Act 1988 (power to provide for pensions) before the time when section 1 of this Act comes into force shall be treated after that time (so far as may be necessary to preserve their effect) as having been made by the Legal Services Commission under paragraph 10(1) of Schedule 1 to this Act.

(2) For the purposes of any such arrangement as it has effect after section 1 of this Act comes into force, a person's period of employment with the Legal Aid Board shall count as a period of employment with the Legal Services Commission.

Winding-down of Legal Aid Board

6 (1) The Legal Aid Board shall give to the Legal Services Commission all the information, prepare all the documents and do all other things which appear to the Commission appropriate for the purpose of facilitating--

(a) the carrying into effect of the transfers effected by paragraph 2(1), and

(b) the exercise of any functions transferred by paragraph 2(1)(a) or conferred or imposed on the Commission by this Schedule;

and the Legal Aid Board may do anything else which appears to it appropriate for that purpose.

(2) The Legal Aid Board shall, as soon as possible after the time when section 1 of this Act comes into force, prepare a report in accordance with section 5(3) of the [1988 c. 34.] Legal Aid Act 1988--

(a) in relation to the last financial year ending before that time (if it has not done so before then), and

(b) in relation to the period between the end of that financial year and that time (as if that period were a financial year).

(3) The Legal Aid Board shall, as soon as possible after the time when section 1 of this Act comes into force, prepare a statement of accounts in accordance with section 7(1) of the Legal Aid Act 1988--

(a) in relation to the last financial year ending before that time (if it has not done so before then), and

(b) in relation to the period between the end of that financial year and that time (as if that period were a financial year).

(4) Subsections (2) to (7) of section 7 to the Legal Aid Act 1988 shall, after section 1 of this Act comes into force, apply in relation to--

(a) the preparation of a statement under sub-paragraph (3)(a) or (b), and

(b) the auditing of accounts kept under that section for the periods mentioned in sub-paragraph (3)(a) and (b).

(5) From the time when section 1 of this Act comes into force, the Legal Services Commission shall make available to the Legal Aid Board such facilities as it may reasonably require for exercising its functions under this paragraph.

(6) The Lord Chancellor may pay to members of the Legal Aid Board--

(a) any remuneration which he considers appropriate in respect of the performance of their duties as members of the Board after the time when section 1 of this Act comes into force, and

(b) any allowances which he determines should be paid to them in respect of expenses properly incurred by them in the performance of those duties after that time.

(7) The Lord Chancellor may determine that, as from the coming into force of section 1 of this Act, the number of members of the Legal Aid Board shall be reduced to a number which he considers appropriate (and may, accordingly, remove any such members from office).

(8) The Lord Chancellor shall meet the costs of remunerating auditors and any other costs incurred by the Legal Aid Board in connection with the exercise of any of its functions under this paragraph.

Abolition of Legal Aid Board

7 (1) The Legal Aid Board shall cease to exist when the Lord Chancellor, being satisfied that its duties under paragraph 6 have been discharged, by order made by statutory instrument so specifies.

(2) Nothing in this Schedule, and no amendment or repeal made by this Act, affects--

(a) the continuance of the Legal Aid Board for the purpose of exercising its functions under paragraph 6, or

(b) the continued operation for that purpose of any enactment relating to the Board.

Further provision for Legal Aid Board and Legal Services Commission

8 (1) The Lord Chancellor may by order made by statutory instrument make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to him to be appropriate in consequence of or otherwise in connection with--

(a) the transfers effected by paragraph 2(1), or

(b) the abolition of the Legal Aid Board.

(2) An order under sub-paragraph (1) may include provisions in the form of amendments or repeals of this Part of this Schedule or any other enactment.

Funding of representation by Lord Chancellor

9 (1) Until such date as the Lord Chancellor may by order made by statutory instrument appoint, the duty of the Commission under section 14(1) of this Act shall have effect as a duty of the Commission or the Lord Chancellor, as the Lord Chancellor may specify.

(2) To the extent that that duty has effect as a duty of the Lord Chancellor he shall comply with it by making payments to persons or bodies in respect of the provision of representation by them; and, accordingly, references in this Act and any other enactment to representation (or services) funded by the Commission as part of the Criminal Defence Service include representation funded by the Lord Chancellor under this sub-paragraph.

(3) The Lord Chancellor shall by order made by statutory instrument make provision about such payments (including provision for reviews of, or appeals against, determinations required for the purposes of the order); and subsections (2) and (3) of section 25 of this Act shall apply to it (as if it were a remuneration order as defined by subsection (4) of that section).

Part III Legal services

Conditional fee agreements

10 Any order made under section 58(4) or (5) of the [1990 c. 41.] Courts and Legal Services Act 1990 and in force immediately before the time when section 27 of this Act comes into force shall have effect after that time (until revoked) as if made under section 58(4) as substituted by that section.

11 Any regulations made under section 58(1)(c) of the Courts and Legal Services Act 1990 and in force immediately before the time when section 27 of this Act comes into force shall have effect after that time (until revoked) as if made under section 58(3)(c) as substituted by that section.

Legal aid in Scotland

12 If section 33 of this Act comes into force before section 1 of the [1999 c. 10.] Tax Credits Act 1999, the reference in section 33 to disabled person's tax credit shall, until section 1 of the Tax Credits Act 1999 comes into force, have effect as a reference to disability working allowance.

Abolition of ACLEC

13 The Lord Chancellor may by order made by statutory instrument make provision in connection with the abolition of the Lord Chancellor's Advisory Committee on Legal Education and Conduct (including, in particular, provision about its staff and property).

Regulations and rules for barristers and solicitors

14 (1) For the purposes of section 27 of the [1999 c. 41.] Courts and Legal Services Act 1990--

(a) the qualification regulations and rules of conduct of the General Council of the Bar at the time when section 36 of this Act comes into force shall (so far as relating to rights of audience) be deemed to have been approved in relation to the right specified in section 31(1) of that Act (as substituted by that section), and

(b) the qualification regulations and rules of conduct of the Law Society at that time shall (so far as relating to rights of audience) be deemed to have been approved in relation to the right specified in section 31(2)(a) of that Act (as so substituted).

(2) For the purposes of section 28 of that Act, the qualification regulations and rules of conduct of the Law Society at that time shall (so far as relating to rights to conduct litigation) be deemed to have been approved in relation to the right specified in section 31(2)(b) of that Act (as substituted by section 36 of this Act).

15 Where a person was called to the Bar or admitted as a solicitor before the coming into force of section 36 of this Act, he shall be taken for the purposes of determining for how many years he has had one of the qualifications listed in section 71(3) of the Courts and Legal Services Act 1990 as having been granted a right of audience before every court in relation to all proceedings on his call or admission.

Existing rights of solicitors in certain Crown Court centres

16 (1) If section 36 of this Act comes into force before the repeal by this Act of section 83 of the [1981 c. 54.] Supreme Court Act 1981, section 83 shall have effect until that repeal comes into force subject to the modifications specified in sub-paragraphs (2) and (3).

(2) Subsection (1) shall have effect as if for "may have rights of audience in the Crown Court" there were substituted "shall be entitled to exercise their right of audience in the Crown Court even though they do not satisfy the regulations of the Law Society relating to the education and training which solicitors must receive in order to exercise their right of audience in the Crown Court".

(3) Subsection (3) shall have effect as if for "with" there were substituted "who may exercise".

Authorised bodies

17 (1) An Order in Council made pursuant to a recommendation under section 29 of the Courts and Legal Services Act 1990 and in force immediately before the time when Schedule 5 to this Act comes into force shall have effect after that time (unless revoked) as if made pursuant to a recommendation under Part I of Schedule 4 to that Act as substituted by Schedule 5 to this Act.

(2) Any approval under Part II of Schedule 4 to the Courts and Legal Services Act 1990 in force immediately before the time when Schedule 5 to this Act comes into force shall have effect after that time as an approval under that Part of that Schedule as substituted by Schedule 5 to this Act.

Part IV Reporting of proceedings about children

18 Section 97(2) of the [1989 c. 41.] Children Act 1989 (as amended by section 72 of this Act) shall not apply in relation to proceedings before a county court or the High Court which have begun before the coming into force of that section.

Part V Magistrates and magistrates' courts

Commission areas

19 The first order under section 1 of the [1997 c. 25.] Justices of the Peace Act 1997, as substituted by section 74 of this Act, shall specify each of the areas which was a commission area immediately before the time when that section comes into force; and those areas shall continue to be commission areas from that time until the coming into force of that first order.

Petty sessions areas

20 The first order under section 4 of the Justices of the Peace Act 1997, as substituted by section 75 of this Act, shall specify each of the areas which was a petty sessions area immediately before the time when that section comes into force; and those areas shall continue to be petty sessions areas from that time until the coming into force of that first order.

Lord Mayor and aldermen of City of London

21 The person who is the Lord Mayor of London, and the persons who are aldermen of the City of London, at the end of the period of two months beginning with the day on which this Act is passed shall be treated as having at that time been appointed in accordance with section 5 of the Justices of the Peace Act 1997 as justices of the peace for the commission area which includes the City of London; and, accordingly, subsection (1A) of section 6 of that Act (inserted by paragraph 48 of Schedule 10 to this Act) has effect in relation to them.

District Judges (Magistrates' Courts): appointment

22 Any person who is a stipendiary magistrate or a metropolitan stipendiary magistrate immediately before the time when section 78 of this Act comes into force shall be treated as having been appointed to be a District Judge (Magistrates' Courts) at that time (unless he would have been required by reason of age to vacate his office at that time).

23 Any person who, immediately before the time when section 78 of this Act comes into force, is authorised under section 13(1)(a) or 19 of the Justices of the Peace Act 1997 to act as a stipendiary magistrate or metropolitan stipendiary magistrate shall be treated as having been appointed to be a Deputy District Judge (Magistrates' Courts) at that time for the remainder of the period for which he is so authorised.

District Judges (Magistrates' Courts): pensions

24 (1) For the purposes specified in sub-paragraph (2), a person who--

(a) is a stipendiary magistrate or metropolitan stipendiary magistrate immediately before the time when section 78 of this Act comes into force, and

(b) is at that time a member of a judicial pension scheme constituted by the [1981 c. 20.] Judicial Pensions Act 1981,

shall not be regarded as having been appointed (by virtue of paragraph 22) to be a District Judge (Magistrates' Courts) but shall instead be regarded as if he continued to be a stipendiary magistrate or metropolitan stipendiary magistrate.

(2) The purposes referred to in sub-paragraph (1) are those of--

(a) the Judicial Pensions Act 1981,

(b) any scheme constituted by that Act, and

District Judges (Magistrates' Courts): retirement

25 For the purposes of section 26 of and Schedule 7 to the [1993 c. 8.] Judicial Pensions and Retirement Act 1993 (date of retirement for holders of a relevant office immediately before the time when section 26 came into force) a person who held the office of stipendiary magistrate or metropolitan stipendiary magistrate at any time during the period beginning when section 26 came into force and ending when Schedule 11 to this Act comes into force shall be treated as having held a relevant office at that time in spite of the amendment made to Schedule 5 to the Judicial Pensions and Retirement Act 1993 by Schedule 11 to this Act.

District Judges (Magistrates' Courts): legal aid

26 If paragraph 36 of Schedule 11 to this Act comes into force before the repeal by this Act of section 19(5) of the [1988 c. 34.] Legal Aid Act 1988, that provision shall have effect as if, in the definition of "proceedings for dealing with an offender as a fugitive offender", the reference to a metropolitan stipendiary magistrate were to a District Judge (Magistrates' Courts).

Committals for sentence

27 Section 79 of, and Part V(4) of Schedule 15 to, this Act do not apply to any hearing of proceedings on committal to the Crown Court if those proceedings have begun before the coming into force of that section and that Part of that Schedule.

Youth courts

28 (1) Subject to any order under paragraph 6 of the Second Schedule to the [1933 c. 12.] Children and Young Persons Act 1933 (as amended by this Act), there shall from the coming into force of section 77 of this Act be a combined youth court panel for the area consisting of the inner London boroughs and the City of London (in spite of paragraph 3 of that Schedule).

(2) If section 77 of this Act comes into force before section 83 of this Act, then until section 83 comes into force paragraph 9 of the Second Schedule to the Children and Young Persons Act (as amended by this Act) shall not prevent there being a combined youth panel for the City of London and any other area.

Magistrates' courts committee areas

29 The first order under section 27A(2) of the [1997 c. 25.] Justices of the Peace Act 1997, as substituted by section 81 of this Act, shall specify each of the areas outside Greater London which was a magistrates' courts committee area immediately before the time when that section comes into force; and those areas shall continue to be magistrates' courts committee areas from that time until the coming into force of that first order.

Magistrates' courts committees in Greater London

30 (1) From the end of the period of two months beginning with the day on which this Act is passed until the Greater London Magistrates' Courts Authority becomes the magistrates' courts committee for Greater London, the Justices of the Peace Act 1997 shall continue to have effect in relation to magistrates' courts committees in Greater London without--

(a) the amendments made by sections 81 and 82 of this Act, and

(b) the repeal of sections 32 and 38(6) of that Act made by Part V(5) of Schedule 15 to this Act,

but subject to the modifications specified in sub-paragraphs (2) to (5).

(2) Section 28 shall have effect as if--

(a) in subsection (1), for "to (4)" there were substituted "and (3)",

(b) in subsection (2), for "Not more than two other" there were substituted "Other",

" (3) The inner London magistrates' courts committee shall include either--

(a) the Senior District Judge (Chief Magistrate) and two District Judges (Magistrates' Courts) appointed by him; or

(b) (if he decides not to be a member) three District Judges (Magistrates' Courts) appointed by him. " , and

(d) in subsection (5), for "subsections (3) and (4)" there were substituted "subsection (3)".

(3) Section 29 shall have effect as if--

(a) in subsection (3), for ", (3) and (4)" there were substituted "and (3)", and

(b) after that subsection there were inserted--

" (3A) The regulations may make provision for the payment of remuneration to members of a magistrates' courts committee co-opted or appointed under section 28(2) above. "

(4) Section 30 shall have effect as if the words "Subject to subsection (2) below," in subsection (1) and subsection (2) were omitted.

(5) Section 38(6) shall have effect as if--

(a) for the words "chief metropolitan stipendiary magistrate" there were substituted "Senior District Judge (Chief Magistrate) (if he is a member)", and

(b) for "28(3) and (4)" there were substituted "28(3)".

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