Access to Justice Act 1999 (c. 22)

(The document as of February, 2008)

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(3) An order under subsection (1)--

(a) may make different provision for different classes of proceedings or appeals, and

(b) may contain consequential amendments or repeals of enactments.

(4) Before making an order under subsection (1) the Lord Chancellor shall consult--

(a) the Lord Chief Justice,

(b) the Master of the Rolls,

(d) the Vice-Chancellor.

(5) An order under subsection (1) shall be made by statutory instrument.

(6) No such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

(7) For the purposes of this section an application to have a case stated for the opinion of the High Court constitutes an appeal.

57 Assignment of appeals to Court of Appeal

(1) Where in any proceedings in a county court or the High Court a person appeals, or seeks permission to appeal, to a court other than the Court of Appeal or the House of Lords--

(a) the Master of the Rolls, or

(b) the court from which or to which the appeal is made, or from which permission to appeal is sought,

may direct that the appeal shall be heard instead by the Court of Appeal.

(2) The power conferred by subsection (1)(b) shall be subject to rules of court.

58 Criminal appeals: minor amendments

(1) In section 40(6) of the [1991 c. 53.] Criminal Justice Act 1991 (order returning offender to prison for unserved portion of sentence to be treated for purposes of appeal provisions as sentence passed for original offence), for the words from "any enactment" to "made" substitute "sections 9 and 10 of the [1968 c. 19.] Criminal Appeal Act 1968, any order made by the Crown Court under subsection (2) above, or made under subsection (3A) above,".

(2) In section 8(1B)(b) of the Criminal Appeal Act 1968 (power of Court to direct entry of judgment and verdict of acquittal on applications relating to order for retrial), after "to" insert "set aside the order for retrial and".

(3) In section 9(2) of that Act (right of appeal against sentence for summary offence), insert at the end "or sub-paragraph (4) of that paragraph."

(4) Section 10 of that Act (appeal to Court of Appeal by person dealt with by Crown Court for offence of which he was not convicted on indictment) is amended in accordance with subsections (5) to (7).

(5) In subsection (2) (proceedings from which an appeal lies), insert at the end " ; or

(c) having been released under Part II of the Criminal Justice Act 1991 after serving part of a sentence of imprisonment or detention imposed for the offence, is ordered by the Crown Court to be returned to prison or detention. "

(6) In subsection (3) (cases where person may appeal), in paragraph (cc) (order under section 40(3A)), for "40(3A)" substitute "40(2) or (3A)".

(7) In subsection (4) (calculation of length of term of imprisonment), after "imprisonment" insert "or detention".

Civil division of Court of Appeal

59 Composition

In section 54 of the [1981 c. 54.] Supreme Court Act 1981 (composition of court of civil division of Court of Appeal), for subsections (2) to (4) (number of judges) substitute--

" (2) Subject as follows, a court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of one or more judges.

(3) The Master of the Rolls may, with the concurrence of the Lord Chancellor, give (or vary or revoke) directions about the minimum number of judges of which a court must consist if it is to be duly constituted for the purpose of any description of proceedings.

(4) The Master of the Rolls, or any Lord Justice of Appeal designated by him, may (subject to any directions under subsection (3)) determine the number of judges of which a court is to consist for the purpose of any particular proceedings.

(4A) The Master of the Rolls may give directions as to what is to happen in any particular case where one or more members of a court which has partly heard proceedings are unable to continue. "

60 Calling into question of incidental decisions

For section 58 of the Supreme Court Act 1981 (exercise of incidental jurisdiction in civil division of Court of Appeal) substitute--

" 58 Calling into question of incidental decisions in civil division

(1) Rules of court may provide that decisions of the Court of Appeal which--

(a) are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court; and

(b) do not involve the determination of an appeal or of an application for permission to appeal,

may be called into question in such manner as may be prescribed.

(2) No appeal shall lie to the House of Lords from a decision which may be called into question pursuant to rules under subsection (1). "

High Court

61 Cases stated by Crown Court

For section 28A of the Supreme Court Act 1981 (proceedings on case stated by magistrates' court) substitute--

" 28A Proceedings on case stated by magistrates' court or Crown Court

(1) This section applies where a case is stated for the opinion of the High Court--

(a) by a magistrates' court under section 111 of the [1980 c. 43.] Magistrates' Courts Act 1980; or

(b) by the Crown Court under section 28(1) of this Act.

(2) The High Court may, if it thinks fit, cause the case to be sent back for amendment and, where it does so, the case shall be amended accordingly.

(3) The High Court shall hear and determine the question arising on the case (or the case as amended) and shall--

(a) reverse, affirm or amend the determination in respect of which the case has been stated; or

(b) remit the matter to the magistrates' court, or the Crown Court, with the opinion of the High Court,

and may make such other order in relation to the matter (including as to costs) as it thinks fit.

(4) Except as provided by the [1960 c. 65.] Administration of Justice Act 1960 (right of appeal to House of Lords in criminal cases), a decision of the High Court under this section is final. "

62 Power to vary committal in default

In the [1981 c. 54.] Supreme Court Act 1981, after section 43 insert--

" 43ZA Power of High Court to vary committal in default

(1) Where the High Court quashes the committal of a person to prison or detention by a magistrates' court or the Crown Court for--

(a) a default in paying a sum adjudged to be paid by a conviction; or

(b) want of sufficient distress to satisfy such a sum,

the High Court may deal with the person for the default or want of sufficient distress in any way in which the magistrates' court or Crown Court would have power to deal with him if it were dealing with him at the time when the committal is quashed.

(2) If the High Court commits him to prison or detention, the period of imprisonment or detention shall, unless the High Court otherwise directs, be treated as having begun when the person was committed by the magistrates' court or the Crown Court (except that any time during which he was released on bail shall not be counted as part of the period). "

63 Criminal causes and matters

(1) In section 1(1)(a) of the Administration of Justice Act 1960 (appeal to House of Lords from decision of Divisional Court of the Queen's Bench Division in a criminal cause or matter), for "a Divisional Court of the Queen's Bench Division" substitute "the High Court".

(2) In sections 4(2) and (3) and 9(2) of that Act (bail pending appeal), for "a Divisional Court" substitute "the High Court".

64 Contempt of court

(1) Section 13(2) of the Administration of Justice Act 1960 (appeals in cases of contempt of court) is amended as follows.

(2) In paragraph (a) (appeal from inferior courts from which appeal does not lie to Court of Appeal to lie to a Divisional Court of the High Court), omit "a Divisional Court of".

(3) In paragraph (b) (appeal to Court of Appeal from county court or single judge of High Court), for "decision, of a single" substitute "decision (other than a decision on an appeal under this section) of a single".

(4) In paragraph (c) (appeal from Divisional Court or Court of Appeal to House of Lords), insert at the beginning "from a decision of a single judge of the High Court on an appeal under this section,".

65 Habeas corpus

(1) In the [1960 c. 65.] Administration of Justice Act 1960, omit--

(a) section 14(1) (order for release on criminal application for habeas corpus to be refused only by Divisional Court of Queen's Bench Division), and

(b) section 15(2) (no appeal to House of Lords from order made by single judge on criminal application for habeas corpus).

(2) In section 15 of that Act (appeals in habeas corpus cases)--

(a) in subsection (3) (no restriction on grant of leave to appeal to House of Lords against decision of Divisional Court on a criminal application for habeas corpus), and

(b) in subsection (4) (exceptions to right to be discharged in case of appeal to House of Lords against order of Divisional Court on such an application),

for "a Divisional Court" substitute "the High Court".

Crown Court

66 Enforcement of community orders

Schedule 9 (which makes provision about the enforcement of community orders by the Crown Court) has effect.

67 Time limits where accused sent for trial

(1) In paragraph 1 of Schedule 3 to the [1998 c. 37.] Crime and Disorder Act 1998 (regulations about service of evidence where a person is sent without committal proceedings to Crown Court)--

(a) in sub-paragraph (1) (regulations to provide that evidence be served on or before the relevant date) omit the words "on or before the relevant date" and after paragraph (b) insert "before the expiry of the period prescribed by the regulations; but the judge may at his discretion extend or further extend that period.", and

(b) for sub-paragraph (2) substitute--

" (2) The regulations may make provision as to the procedure to be followed on an application for the extension or further extension of a period under sub-paragraph (1) above. "

(2) In section 13(1) of the [1996 c. 25.] Criminal Procedure and Investigations Act 1996 (transitional time limits relating to service of unused material), after paragraph (c) insert--

" (ca) copies of the documents containing the evidence on which the charge or charges are based are served on the accused (where this Part applies by virtue of section 1(2)(cc)), " .

(3) In section 22 of the [1985 c. 23.] Prosecution of Offences Act 1985 (time limits in preliminary stages of criminal proceedings), in paragraph (a) of the definition of "appropriate court" in subsection (11) (which has effect so as to allow the Crown Court to extend time limits where the accused is committed for trial or indicted), after "trial" insert ", sent for trial under section 51 of the [1998 c. 37.] Crime and Disorder Act 1998".

Judges etc.

68 Judges holding office in European or international courts

(1) A holder of a United Kingdom judicial office may hold office in a relevant international court without being required to relinquish the United Kingdom judicial office.

(2) In this section--

"United Kingdom judicial office" means the office of--
(a)
Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and Wales,
(b)
judge of the Court of Session or sheriff, in Scotland, or
(c)
Lord Justice of Appeal, judge of the High Court or county court judge, in Northern Ireland, and
"relevant international court" means--
(a)
any court established for any purposes of the European Communities, or
(b)
any international court (apart from the European Court of Human Rights) which is designated for the purposes of this section by the Lord Chancellor or the Secretary of State.

(3) A holder of a United Kingdom judicial office who also holds office in a relevant international court is not required to perform any duties as the holder of the United Kingdom judicial office but does not count as holding the United Kingdom judicial office--

(a) for the purposes of section 12(1) to (6) of the [1981 c. 54.] Supreme Court Act 1981, section 9(1)(c) or (d) of the [1973 c. 15.] Administration of Justice Act 1973, section 18 of the [1971 c. 23.] Courts Act 1971, section 14 of the [1907 c. 51.] Sheriff Courts (Scotland) Act 1907 or section 106 of the [1959 c. 25(N.I.).] County Courts Act (Northern Ireland) 1959 (judicial salaries),

(b) for the purposes of, or of any scheme established by and in accordance with, the [1993 c. 8.] Judicial Pensions and Retirement Act 1993, the [1981 c. 20.] Judicial Pensions Act 1981, the [1961 c. 42.] Sheriffs' Pensions (Scotland) Act 1961 or the County Courts Act (Northern Ireland) 1959 (judicial pensions), or

(c) for the purposes of section 2(1) or 4(1) of the Supreme Court Act 1981, section 1(1) of the [1988 c. 36.] Court of Session Act 1988 or section 2(1) or 3(1) of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978 (judicial numbers).

(4) If the sheriff principal of any sheriffdom also holds office in a relevant international court, section 11(1) of the [1971 c. 58.] Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal) applies as if the office of sheriff principal of that sheriffdom were vacant.

(5) The appropriate Minister may by order made by statutory instrument make in relation to a holder of a United Kingdom judicial office who has ceased to hold office in a relevant international court such transitional provision (including, in particular, provision for a temporary increase in the maximum number of judges) as he considers appropriate.

(6) In subsection (5) "the appropriate Minister" means--

(a) in relation to any United Kingdom judicial office specified in paragraph (a) or (c) of the definition in subsection (2), the Lord Chancellor, and

(b) in relation to any United Kingdom judicial office specified in paragraph (b) of that definition, the Secretary of State.

(7) A statutory instrument containing an order made under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

69 Vice-president of Queen's Bench Division

(1) The Lord Chancellor may appoint one of the ordinary judges of the Court of Appeal as vice-president of the Queen's Bench Division; and any person so appointed shall hold that office in accordance with the terms of his appointment.

(2) In section 4 of the [1981 c. 54.] Supreme Court Act 1981 (composition of High Court)--

(a) in subsection (1) (membership), after the words "the Senior Presiding Judge;" insert--

" (ddd) the vice-president of the Queen's Bench Division; " , and

(b) in subsection (6) (vacancy in offices not to affect constitution), at the end insert "and whether or not an appointment has been made to the office of vice-president of the Queen's Bench Division."

(3) In section 5 of that Act (divisions of High Court), in subsection (1)(b) (Queen's Bench Division), after "thereof," insert "the vice-president of the Queen's Bench Division".

70 Registrar of civil appeals

The office of registrar of civil appeals is abolished.

Court proceedings

71 Adjournment of inquest in event of judicial inquiry

(1) In the [1988 c. 13.] Coroners Act 1988, after section 17 insert--

" 17A Adjournment of inquest in event of judicial inquiry

(1) If on an inquest into a death the coroner is informed by the Lord Chancellor before the conclusion of the inquest that--

(a) a public inquiry conducted or chaired by a judge is being, or is to be, held into the events surrounding the death; and

(b) the Lord Chancellor considers that the cause of death is likely to be adequately investigated by the inquiry,

the coroner shall, in the absence of any exceptional reason to the contrary, adjourn the inquest and, if a jury has been summoned, may, if he thinks fit, discharge them.

(2) Where a coroner adjourns an inquest in compliance with subsection (1) above, he shall send to the registrar of deaths a certificate under his hand stating, so far as they have been ascertained at the date of the certificate, the particulars which under the 1953 Act are required to be registered concerning the death.

(3) Where a coroner has adjourned an inquest in compliance with subsection (1) above, the Lord Chancellor shall send him the findings of the public inquiry as soon as reasonably practicable after their publication.

(4) A coroner may only resume an inquest which has been adjourned in compliance with subsection (1) above if in his opinion there is exceptional reason for doing so; and he shall not do so--

(a) before the end of the period of 28 days beginning with the day on which the findings of the public inquiry are published; or

(b) if the Lord Chancellor notifies the coroner that this paragraph applies, before the end of the period of 28 days beginning with the day on which the public inquiry is concluded.

(5) Where a coroner resumes an inquest which has been adjourned in compliance with subsection (1) above--

(a) the provisions of section 8(3) above shall not apply in relation to that inquest; and

(b) if he summons a jury (but not where he resumes without a jury, or with the same jury as before the adjournment), he shall proceed in all respects as if the inquest had not previously begun and the provisions of this Act shall apply accordingly as if the resumed inquest were a fresh inquest.

(6) Where a coroner does not resume an inquest which he has adjourned in compliance with subsection (1) above, he shall (without prejudice to subsection (2) above) send to the registrar of deaths a certificate under his hand stating any findings of the public inquiry in relation to the death. "

(2) In section 8(4) of that Act (power to summon jury), for "either before he proceeds to hold an inquest" substitute "before he proceeds to hold an inquest, on resuming an inquest begun with a jury after the inquest has been adjourned and the jury discharged".

(3) In the sidenote to section 16 of that Act (adjournment of inquest in certain cases), for "certain cases" substitute "event of criminal proceedings".

72 Reporting of proceedings relating to children

In section 97 of the [1989 c. 41.] Children Act 1989 (privacy for children involved in certain proceedings)--

(a) in subsection (2) (which prohibits the publication of material intended or likely to identify a child as being involved in proceedings before a magistrates' court in which powers under that Act may be exercised), after "before" insert "the High Court, a county court or", and

(b) in subsection (8) (which makes provision about the application of certain provisions of the [1980 c. 43.] Magistrates' Courts Act 1980 in relation to proceedings to which section 97 applies), after "any proceedings" insert "(before a magistrates' court)".

73 Power to allow children to attend criminal proceedings

(1) In section 36 of the [1933 c. 12.] Children and Young Persons Act 1933 (child not to be present at criminal trial except where required as witness or otherwise for the purposes of justice), after "justice" insert "or while the court consents to his presence".

(2) In section 50(1) of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995 (child not to be present at criminal proceedings unless required as witness or otherwise for the purposes of justice), after "justice" insert "or the court consents to his presence".

Part V Magistrates and magistrates' courts

Territorial organisation

74 Commission areas

(1) For sections 1 and 2 of the [1997 c. 25.] Justices of the Peace Act 1997 (commission areas outside London and London commission areas) substitute--

" 1 Commission areas

(1) England and Wales shall be divided into areas for each of which there shall be a commission of the peace.

(2) The areas shall be as specified by the Lord Chancellor by order made by statutory instrument; but a commission area may not consist of an area partly within and partly outside Greater London.

(3) An area for which there is a commission of the peace shall be known as a commission area. "

(2) In that Act, after section 32 insert--

" 32A Alteration of commission areas

(1) A magistrates' courts committee may at any time submit to the Lord Chancellor written proposals for an alteration of any commission area which includes the whole or any part of their area.

(2) Before submitting such proposals the magistrates' courts committee shall consult--

(a) the magistrates for their area or that of any affected magistrates' courts committee; and

(b) any affected magistrates' courts committee.

(3) Before making an order under section 1(2) above which makes an alteration of a commission area, other than an order which implements proposals submitted to him under subsection (1) above, the Lord Chancellor shall consult--

(a) the magistrates for the area of any affected magistrates' courts committee; and

(b) any affected magistrates' courts committee.

(4) For the purposes of subsection (3) above an order shall be taken to implement proposals if it implements them without changes or any departures from the proposals do not, in the opinion of the Lord Chancellor, effect important changes in the proposals.

(5) An order under section 1(2) above which makes an alteration of a commission area may contain such consequential and transitional provisions as appear to the Lord Chancellor to be necessary or expedient.

(6) A statutory instrument containing an order under section 1(2) above which makes an alteration of a commission area shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In this section references to the alteration of a commission area include (as well as a change in the boundaries of the area)--

(a) the combination of the area with another commission area; and

(b) the division of the area between two or more commission areas.

(8) For the purposes of this section a magistrates' courts committee is affected by proposals or a proposed order if the alteration proposed would affect any commission area which includes the whole or any part of their area. "

75 Petty sessions areas

(1) For section 4 of the [1997 c. 25.] Justices of the Peace Act 1997 (petty sessions areas and petty sessional divisions) substitute--

" 4 Petty sessions areas

(1) England and Wales shall also be divided into areas known as petty sessions areas.

(2) The areas and their names shall be as specified by the Lord Chancellor by order made by statutory instrument.

(3) Each petty sessions area shall consist of either--

(a) the whole of a commission area; or

(b) an area wholly included within a commission area. "

(2) For section 33 of that Act (functions of magistrates' courts committee as to petty sessional divisions and related procedure) substitute--

" 33 Alteration of petty sessions areas

(1) A magistrates' courts committee may at any time submit to the Lord Chancellor a draft order which makes an alteration of a petty sessions area for which they are the committee.

(2) A magistrates' courts committee shall, if directed to do so by the Lord Chancellor, consider whether any alteration is required to any petty sessions area for which they are the committee and, on completion of its consideration, shall submit to the Lord Chancellor either--

(a) a draft order under subsection (1) above; or

(b) a report giving reasons for no alteration.

(3) The Lord Chancellor may only make an order under section 4(2) above which makes an alteration of a petty sessions area where--

(a) the magistrates' courts committee for the area have submitted a draft order to him under subsection (1) above and the alteration made by the order is in the terms of the draft or subject only to such modifications as the Lord Chancellor thinks fit;

(b) a magistrates' courts committee fail to comply within six months with a direction of the Lord Chancellor under subsection (2) above or he is dissatisfied with the draft order or report submitted in pursuance of such a direction; or

(4) An order under section 4(2) above which makes an alteration of a petty sessions area may contain such consequential and transitional provisions as appear to the Lord Chancellor to be necessary or expedient.

(5) In this section and section 34 below references to the alteration of a petty sessions area include (as well as a change in the boundaries of the area)--

(a) the combination of the area with another petty sessions area;

(b) the division of the area between two or more petty sessions areas; and

(3) In section 34 of that Act (procedure relating to alteration of petty sessions areas)--

(a) in subsection (1) (consultation), after "any" insert "petty sessions",

(b) in subsection (3) (copies of proposals), for "section 33 above about any area" substitute "section 4(2) above which makes an alteration of a petty sessions area", and

(c) in subsection (4) (objections and inquiry), for "section 33 above" substitute "section 4(2) above which makes an alteration of a petty sessions area,".

76 Areas: consequential provision

(1) The Lord Mayor and aldermen of the City of London shall not be justices of the peace unless appointed by the Lord Chancellor in accordance with the [1997 c. 25.] Justices of the Peace Act 1997.

(2) Schedule 10 (which contains other provisions consequential on sections 74 and 75) has effect.

77 Youth courts

(1) Part I of the Second Schedule to the [1933 c. 12.] Children and Young Persons Act 1933 (constitution of youth courts outside the metropolitan area) is amended in accordance with subsections (2) to (5).

(2) Omit the headings "Outside Metropolitan Area" and "Youth court panels".

(3) Omit paragraph 1 (exclusion of inner London and the City of London from the scope of Part I).

(4) In paragraph 8 (as amended by Schedule 10) (prohibition on forming combined youth court panel unless the area consists of single commission area), at the end insert ", or includes the City of London".

(5) For paragraph 9 substitute--

" 9. No order under this Schedule shall provide for the formation of a combined youth panel for an area unless the area consists of, or is wholly included in, the area of a single magistrates' courts committee. "

(6) Omit Part II of that Schedule (particular provision for inner London and the City).

Justices

78 Unification and renaming of stipendiary bench

(1) For sections 11 to 20 of the [1997 c. 25.] Justices of the Peace Act 1997 and the heading preceding section 11 (stipendiary magistrates and metropolitan stipendiary magistrates) substitute--

" District Judges (Magistrates' Courts)

10A Appointment and tenure

(1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person who has a 7 year general qualification (within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990) to be a District Judge (Magistrates' Courts).

(2) The Lord Chancellor--

(a) shall designate one of the District Judges (Magistrates' Courts) to be the Senior District Judge (Chief Magistrate); and

(b) may designate another of them to be his deputy.

(3) A District Judge (Magistrates' Courts) may not be removed from office except by the Lord Chancellor on the ground of incapacity or misbehaviour.

(4) The Lord Chancellor may pay to a District Judge (Magistrates' Courts) (in addition to the salary charged on and paid out of the Consolidated Fund under section 9 of the [1973 c. 15.] Administration of Justice Act 1973) such allowances as he may, with the approval of the Treasury, determine.

10B Deputies

(1) The Lord Chancellor may appoint any person who has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) to be a Deputy District Judge (Magistrates' Courts) for such period as the Lord Chancellor considers appropriate (but subject to subsection (2) below).

(2) The Lord Chancellor may remove a Deputy District Judge (Magistrates' Courts) from office on the ground of incapacity or misbehaviour.

(3) The Lord Chancellor may pay to a Deputy District Judge (Magistrates' Courts) such remuneration and allowances as he may, with the approval of the Treasury, determine.

(4) During the period of his appointment a Deputy District Judge (Magistrates' Courts) shall act as a District Judge (Magistrates' Courts) and shall be treated for all purposes (apart from appointment, tenure, remuneration and allowances and pensions) as if he were a District Judge (Magistrates' Courts).

10C Status

(1) A District Judge (Magistrates' Courts) shall by virtue of his office be a justice of the peace for every commission area.

(2) Where any enactment makes provision defining the powers of any person or court by reference to the area for which a person is a justice of the peace, the provision shall have effect where that person is a District Judge (Magistrates' Courts) as if it defined the powers by reference to the area for which he is for the time being acting as a justice of the peace.

(3) A District Judge (Magistrates' Courts) shall sit at such court-houses, on such days and at such times, as may be determined by, or in accordance with, directions given by the Lord Chancellor from time to time.

(4) References in any enactment, instrument or other document to a district judge or deputy district judge do not include a District Judge (Magistrates' Courts).

10D Power to discharge functions exercisable by two justices

(1) A District Judge (Magistrates' Courts), sitting in a place appointed for the purpose, shall have power--

(a) to do any act; and

(b) to exercise alone any jurisdiction,

which can be done or exercised by two justices, including any act or jurisdiction expressly required to be done or exercised by justices sitting or acting in petty sessions.

(2) Subsection (1) above does not apply where the law under which the act or jurisdiction can be done or exercised was made after 2nd August 1858 and contains express provision contrary to that subsection.

(3) Any statutory provision auxiliary to the jurisdiction exercisable by two justices of the peace shall apply also to the jurisdiction of a District Judge (Magistrates' Courts).

(4) Subsections (1) and (3) above do not apply where the act or jurisdiction relates to the grant or transfer of any licence.

(5) Any authority or requirement in any enactment for persons to be summoned or to appear at petty sessions in any case shall include authority or a requirement in such a case for persons to be summoned or to appear before a District Judge (Magistrates' Courts) at the place appointed for his sitting.

(6) Nothing in this section applies to the hearing or determination of family proceedings within the meaning of section 65 of the Magistrates' Courts Act 1980.

10E Disapplication of restrictions

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