Courts Act 2003 (c. 39)

(The document as of February, 2008)

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(e) for "had been apprehended within his jurisdiction" substitute "had been apprehended in England or Wales or (as the case may be) within his jurisdiction".

Evidence Act 1851 (c. 99)

34 In section 13(2)(a) (proof of conviction of defendant by copy of certified record), for "justices' chief executive" substitute "designated officer".

Inclosure Act 1859 (c. 43)

35 In section 4 (how damage to be assessed), for "for the county or riding or other division or place within which" substitute "acting in the local justice area in which".

36 In section 6 (justices' warrant for distress), for "of such county or riding, or other district or place as aforesaid, shall, by warrant under their hands and seals," substitute "acting in the local justice area shall by warrant".

Ecclesiastical Courts Jurisdiction Act 1860 (c. 32)

37 In section 2 (offence of making a disturbance in churches, chapels, churchyards etc.)--

(a) for "before two justices of the peace" substitute "by a magistrates' court",

(b) for "a penalty of not more than" substitute "a fine not exceeding", and

(c) for "for every such offence, or may, if the justices before whom he shall be convicted think fit, instead of being subjected to any pecuniary penalty, be committed to prison for any time" substitute "or to imprisonment for a term".

38 In section 3 (power to arrest offenders and take them before a justice of the peace), for "justice of the peace of the county or place where the said offence shall have been so committed," substitute "magistrates' court".

39 Paragraphs 37 and 38 do not extend to Northern Ireland.

Defence Act 1860 (c. 112)

40 (1) In section 47 (interpretation), omit the words from "The word "justices"" to "acting together:".

(2) This paragraph extends only to England and Wales.

Offences Against the Person Act 1861 (c. 100)

41 In section 44 (if magistrates dismiss case of assault or battery, they must make out certificate to that effect), omit "under their hands".

42 In section 65 (justices may issue search warrants for explosive substances)--

(a) for "Any justice of the peace of any county or place in which" substitute "Where",

(b) after "in this Act mentioned," insert "a justice of the peace,", and

43 Paragraphs 41 and 42 do not extend to Northern Ireland.

Poaching Prevention Act 1862 (c. 114)

44 (1) In section 1 (interpretation), omit from "; and the words "justice" and "justices"" onwards.

(2) This paragraph does not extend to Northern Ireland.

45 In section 2 (summons to appear before justice of the peace)--

(a) after "citing such person to appear before" insert ", in England and Wales, a magistrates' court or",

(b) omit "England and", and

46 In section 3 (recovery of penalties), omit "in England in the same manner as penalties under the Game Act 1831 and".

Criminal Procedure Act 1865 (c. 18)

47 In section 6(2)(a) (proof of conviction of witness by signed certificate), for "justices' chief executive" substitute "designated officer".

Dockyard Ports Regulation Act 1865 (c. 125)

48 (1) In section 2 (interpretation), omit the words from "The term "justice"" to "arises:".

(2) This paragraph does not extend to Northern Ireland.

49 In section 22 (jurisdiction of justice of the peace), for "Where any district" substitute--

" (1) For the purposes of this Act, where a local justice area in England and Wales abuts on the shore of the sea or other navigable water, any magistrates' court in England and Wales has jurisdiction over--

(a) any vessel which is near or passes near the shore, and

(b) every person on board the vessel or belonging to it,

as if the vessel or person were in England and Wales.

(2) Where any other district. "

Newspapers, Printers and Reading Rooms Repeal Act 1869 (c. 24)

50 In Schedule 2 (which sets out enactments continued in force under section 1)--

(a) in section 29 of the Unlawful Societies Act 1799 (penalty for neglecting or refusing to produce copy), for "forfeit and lose the sum" substitute "be liable on summary conviction to a fine",

(b) in section 34 of the 1799 Act (prosecutions to be commenced within 3 months), omit "or sued" and ", or such action shall be brought,",

(d) omit section 36 of the 1799 Act (application of penalties), and

(e) in section 2 of the Printers and Publishers Act 1839 (penalty upon printers for not printing their name, etc.), for "forfeit a sum not more than" substitute "be liable on summary conviction to a fine not exceeding".

Promissory Oaths Act 1871 (c. 48)

51 In section 2 (persons before whom oaths to be taken), for the paragraph beginning "In England" substitute--

" In England and Wales--

(a) before the Lord Chancellor, or

(b) in open court before one or more judges of the High Court or before one or more Circuit judges. "

Prevention of Crimes Act 1871 (c. 112)

52 In paragraph (a) of the last sentence of section 18 (proof of conviction by certificate or copy of conviction), for "justices' chief executive" substitute "designated officer".

Fairs Act 1873 (c. 37)

53 The amendments of section 6 (alteration of fair day on representation of local authority) made by--

(a) paragraph 10 of Schedule 10 to the Access to Justice Act 1999, and

(b) paragraph 5 of Schedule 13 to that Act,

shall be treated as if they had never had effect.

Commons Act 1876 (c. 56)

54 In section 20 (prohibition of gravel digging on certain commons without authority of justices), for "in petty sessions assembled, and acting in and for the petty sessions area in which such common is situate," substitute "of the peace".

Municipal Corporations Act 1882 (c. 50)

55 In section 153(3) (issue of warrant following failure by borough to pay sum due to county), omit "for a commission area consisting of or including the whole or part of the county".

Explosive Substances Act 1883 (c. 3)

56 (1) In section 6(1) (inquiry into offences)--

(a) omit "for the county, borough, or place in which the crime was committed or is suspected to have been committed,",

(b) omit "sit at a petty sessional or occasional court-house, or police station in the said county, borough or place, and", and

(2) This paragraph does not extend to Northern Ireland.

57 In section 9(2) (application of Act to Scotland), for ""petty sessional court house"" substitute ""magistrates' court"".

Sheriffs Act 1887 (c. 55)

58 In section 7(1) (declaration of office), for the words from "effect before" onwards substitute

" effect--

(a) before one of the judges of Her Majesty's High Court; or

(b) in the county of which he is sheriff before a justice of the peace. "

59 In section 17 (disqualification from acting as justice of the peace), for "peace for" substitute "peace in any local justice area consisting of or including the whole or a part of".

60 In section 23(3) (declaration of office by under-sheriff), for the words from "effect before" onwards substitute

" effect--

(a) before one of the judges of Her Majesty's High Court; or

(b) in the county for which such under-sheriff is appointed before a justice of the peace. "

61 (1) Amend section 26 (declaration by bailiffs, etc.) as follows.

(2) Re-number the existing provision subsection (1).

(3) In that subsection, for the words from "effect before" onwards substitute

" effect--

(a) before any judge of the High Court; or

(b) in the county in which he exercises his authority before a justice of the peace. "

(4) After that subsection insert--

" (2) Subsection (1) does not apply to any enforcement officer or any person acting under the authority of an enforcement officer. "

62 In section 29 (punishment for misconduct), after subsection (2) insert--

" (2A) Subsection (2) does not apply to any enforcement officer or any person acting under the authority of an enforcement officer. "

63 In section 38 (definitions), after the definition of "county" insert--

" "enforcement officer" means an individual who is authorised to act as an enforcement officer under the Courts Act 2003; " ,

and omit from "Any reference" to the end of the section.

Local Government Act 1888 (c. 41)

64 In section 28(2) (power of county council to delegate to justices functions relating to contagious diseases of animals), for "for a commission" substitute "acting in a local justice".

Behring Sea Award Act 1894 (c. 2)

65 The Behring Sea Award Act 1894 shall have effect in relation to England and Wales as if in Schedule 2 for section 521 of the Merchant Shipping Act 1854 (which under section 1(5) of the 1894 Act is applied to any offence or forfeiture under that Act) there were substituted--

" 521 Jurisdiction over ships lying off the coasts

Courts in England and Wales (including magistrates' courts) have jurisdiction--

(a) over any ship or boat which--

(i) is on or is lying or passing off the coast of England and Wales, or

(ii) is in or near any bay, channel, lake, river or other navigable water on which any part of England and Wales abuts or into which any part of England and Wales projects, and

(b) over all persons on board the ship or boat or for the time being belonging to it,

as if the ship, boat or persons were in England and Wales. "

Public Health Acts Amendment Act 1907 (c. 53)

66 In section 94(7) (licensing of pleasure boats: appeals to magistrates' court), for "justices' chief executive for the court" substitute "designated officer for the court".

Indictments Act 1915 (c. 90)

67 In section 2(2) (powers of rule committee), for the words preceding "shall have power" substitute "The Criminal Procedure Rule Committee".

Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)

68 In section 3(4) (return of order to original court for further evidence to be taken), omit "appointed for the same commission area".

69 (1) Amend section 4 (power of court of summary jurisdiction to confirm maintenance orders made in certain Commonwealth countries) as follows.

(2) In subsection (5B), for "a justices' chief executive" (in both places) substitute "the designated officer for the court or for any other magistrates' court".

(3) In subsection (6A)--

(a) in paragraph (b), in the paragraph to be regarded as substituted for subsection (4)(b) of section 60 of the 1980 Act, for "a justices' chief executive" substitute "the designated officer for the court or for any other magistrates' court", and

(b) in paragraph (c), in the words to be regarded as replaced in section 60(5) of the 1980 Act, for "justices' chief executive for the court"" substitute "designated officer for the court"".

(4) Nothing in this paragraph is to be read as amending section 4 as modified in relation to Northern Ireland by section 11.

70 (1) In section 7(2) (power to make rules about proceedings under the Act), for the words from "Without prejudice" to "such rules" substitute "For the purpose of giving effect to this Act rules of court".

(2) Sub-paragraph (1) does not extend to Northern Ireland.

Criminal Justice Act 1925 (c. 86)

71 In section 33(4) (rules about service of documents on a corporation), omit ", except in so far as such provision may be made by rules under section 144 of the Magistrates' Courts Act 1980".

Children and Young Persons Act 1933 (c. 12)

72 In section 7(2) (offence of selling tobacco to persons under 16: complaint to court of summary jurisdiction), for "court of summary jurisdiction" substitute "magistrates' court".

73 (1) Amend section 25 (restrictions on persons under 18 going abroad to perform for profit) as follows.

(2) In subsection (6), for "court of summary jurisdiction" substitute "relevant court".

(3) After subsection (10), insert--

" (11) In this section "the relevant court"--

(a) in relation to England and Wales, means a magistrates' court;

(b) in relation to Scotland, means a sheriff court;

74 (1) Amend section 46 (assignment of certain matters to youth courts) as follows.

(2) In subsection (1), for "court of summary jurisdiction" (in each place) substitute "magistrates' court".

(3) In subsection (1A), for "justices' chief executive for" substitute "designated officer for".

75 In section 48(3) (remand of child or young person by youth court), for "for the same petty sessions area or place" substitute "in the same local justice area".

76 Omit section 101 (application of Summary Jurisdiction Acts).

77 In section 102(1) (appeals to Crown Court), for "court of summary jurisdiction" substitute "magistrates' court".

Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13)

78 (1) In section 3(1) (power to make rules of court for purposes of Act), for "rules of court under section 84 of the Supreme Court Act 1981" substitute "Civil Procedure Rules".

(2) Sub-paragraph (1) extends only to England and Wales.

Public Offices (Site) Act 1947 (c. 45)

79 Omit section 7 (correction of errors in deposited plan and book of reference).

The National Assistance Act 1948 (c. 29)

80 In section 43(4) (interpretation of section 43), for the words from "a court" onwards substitute

" (a) in England and Wales, a magistrates' court acting in the local justice area where the assistance was given or applied for;

(b) in Scotland, the sheriff having jurisdiction in the place where the assistance was given or applied for. "

81 (1) Amend section 47 (removal to suitable premises of persons in need of care and attention) as follows.

(2) In subsection (2), for "a court of summary jurisdiction having jurisdiction in the place where the premises are situated" substitute "the court".

(3) After subsection (12) insert--

" (12A) In this section, "the court"--

(a) in England and Wales, means a magistrates' court acting in the local justice area where the premises are situated;

(b) in Scotland, means the sheriff having jurisdiction in the place where the premises are situated. "

82 Omit section 65(c) (in application of Act to Scotland, references to court of summary jurisdiction to be read as references to sheriff).

Criminal Justice Act 1948 (c. 58)

83 For section 37(4) (recommittal following appeal etc.) substitute--

" (4) Criminal Procedure Rules may be made for authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody under this section. "

Prevention of Damage by Pests Act 1949 (c. 55)

84 (1) Amend section 15 (appeal against directions) as follows.

(2) In subsection (1), omit "for the petty sessions area or place in which the works are required to be carried out or, as the case may be, in which the food or container is for the time being situated".

(3) In subsection (5), for "from "to a court" to the end of the subsection" substitute ""to a court of summary jurisdiction"".

Marriage Act 1949 (c. 76)

85 In section 3(5) (meaning of "the court"), for "appointed for the commission area" substitute "acting in the local justice area".

National Parks and Access to the Countryside Act 1949 (c. 97)

86 In section 68(3) (complaint to court about access requirement), omit "for the petty sessions area or place within which the land to which the notice relates is situated".

Maintenance Orders Act 1950 (c. 37)

87 In section 17(1)(a) (registration of maintenance orders in England), for "for the same place" substitute "acting in the same local justice area".

88 (1) Amend section 18 (enforcement of registered orders) as follows.

(2) In subsection (2ZA), in the subsection to be regarded as substituted for section 76(5) of the 1980 Act, for "a justices' chief executive" (in both places) substitute "the designated officer for the court or for any other magistrates' court".

(3) In subsection (2B)(a), for "justices' chief executive" substitute "designated officer".

89 (1) Amend section 22 (discharge and variation of registered orders) as follows.

(2) In subsection (1B), for "a justices' chief executive" (in both places) substitute "the designated officer for the court or for any other magistrates' court in England and Wales".

(3) In subsection (1E)--

(a) in paragraph (a), in the paragraph to be regarded as substituted for section 60(4)(b) of the 1980 Act, for "a justices' chief executive" substitute "the designated officer for the court or for any other magistrates' court", and

(b) in paragraph (b), in the words to be regarded as replaced in section 60(5) of the 1980 Act, for "justices' chief executive for the court"" substitute "designated officer for the court"".

90 In section 24(5A)(b) (cessation of order requiring payment), for "a justices' chief executive" substitute "the designated officer for a magistrates' court in England and Wales".

91 (1) Amend section 25 (rules as to procedure of magistrates' courts) as follows.

(2) Omit subsection (1).

(3) In subsection (3)--

(a) after "Rules" insert "of court", and

(b) in paragraph (a), for the words from "by means of" onwards, substitute "in accordance with the rules".

(4) Sub-paragraph (3) does not extend to Northern Ireland.

92 (1) Amend section 28(1) (interpretation) as follows.

(2) In the definition of "collecting officer", after "officer"," insert "in relation to a court of summary jurisdiction in England, means the designated officer for the court, and".

(3) In the definition of "prescribed", omit--

(a) "England or",

(b) "by rules made under section fifteen of the Justices of the Peace Act 1949, or", and

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

93 (1) In Schedule 2 (paying authorities under Part 5), omit Part 2.

(2) Nothing in sub-paragraph (1) is to be read as amending Schedule 2 as it extends to Northern Ireland.

Prison Act 1952 (c. 52)

94 (1) Amend section 19 (right of justice to visit prison) as follows.

(2) In subsection (1), for "for any commission area" substitute "assigned to any local justice area".

(3) In subsection (2), omit "or to visit any prisoner under sentence of death".

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

95 In--

(a) section 189(3A)(a) (fee for certificate on delivery into military custody of person dealt with by court of summary jurisdiction as illegally absent), and

(b) section 199(4)(a) (certificate as proof of outcome of civil trial),

for "justices' chief executive" substitute "designated officer".

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

96 In--

(a) section 189(3A)(a) (fee for certificate on delivery into air force custody of person dealt with by court of summary jurisdiction as illegally absent), and

(b) section 199(4)(a) (certificate as proof of outcome of civil trial),

for "justices' chief executive" substitute "designated officer".

Naval Discipline Act 1957 (c. 53)

97 In--

(a) section 110(2A)(a) (fee for certificate on delivery into naval custody of person dealt with by court of summary jurisdiction as illegally absent), and

(b) section 129B(4)(a) (certificate as proof of outcome of civil trial),

for "justices' chief executive" substitute "designated officer".

Maintenance Orders Act 1958 (c. 39)

98 (1) Amend section 2 (registration of orders) as follows.

(2) In subsection (2)(b), for "justices' chief executive for the magistrates' court acting for the petty sessions area" substitute "designated officer for the magistrates' court acting in the local justice area".

(3) In subsection (5), for "of, or justices' chief executive for," substitute "of, or for,".

(4) In subsection (6), for "a justices' chief executive" (in both places) substitute "the designated officer for a magistrates' court".

(5) In subsection (6ZA), for "a justices' chief executive" substitute "the designated officer for the court or for any other magistrates' court".

(6) In subsection (6ZC), for "a justices' chief executive" substitute "the designated officer for a magistrates' court".

99 In section 3(3A) (requirement of person liable under order to notify change of address), for "justices' chief executive for" substitute "designated officer for".

100 In section 4(5B) (variation of orders registered in magistrates' courts)--

(b) in paragraph (b), in the words to be regarded as replaced in section 60(5) of the 1980 Act, for "justices' chief executive for the court"" substitute "designated officer for the court"", and

(c) in paragraph (e), in the subsection (9) to be regarded as substituted for sections 60(9) and (10) of the 1980 Act, for "a justices' chief executive" (in both places) substitute "the designated officer for the court or for any other magistrates' court".

101 (1) Amend section 5 (cancellation of registration) as follows.

(2) In subsection (5), for "a justices' chief executive" (in both places) substitute "the designated officer for a magistrates' court".

(3) In subsection (6)(b), for "justices' chief executive for" substitute "designated officer for".

102 (1) Amend section 18 (powers of magistrates to renew committals) as follows.

(2) For "justices' chief executive for" (in each place) substitute "designated officer for".

(3) In subsections (2) and (4), for "acting for the same petty sessions area" substitute "acting in the same local justice area".

103 In section 20(1) (registration of order at request of person entitled to receive payments)--

(a) for "a justices' chief executive who" substitute "the designated officer for a magistrates' court who", and

(b) for "a justices' chief executive is" substitute "the designated officer is".

104 In section 21(1) (interpretation), omit the definition of "rules of court".

Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)

105 (1) Amend section 3 (power to close highways) as follows.

(2) In subsection (1), omit "sitting in petty sessions in the petty sessions area within which that highway or part of a highway is situated".

(3) In subsection (2), omit ", being a highway or part within the jurisdiction of those justices".

(4) For subsection (5)(c) substitute--

" (c) the references to justices of the peace shall be construed as references to the district court for the area in which the highway or part of a highway is situated. "

Obscene Publications Act 1959 (c. 66)

106 (1) Amend section 3 (powers of search, seizure and forfeiture) as follows.

(2) In subsection (1), omit "in the petty sessions area for which he acts," and "in that area".

(3) In subsection (3)--

(a) for "for the same petty sessions area as the justice who issued the warrant, and the justice before whom the articles are brought" substitute "in the local justice area in which the articles were seized, who";

(b) for "for that petty sessions area" substitute "acting in that local justice area".

Road Traffic Act 1960 (c. 16)

107 In section 243(a) (proof in summary proceedings of identity of driver), for "rules made under section fifteen of the Justices of the Peace Act 1949" substitute "Criminal Procedure Rules".

Caravan Sites and Control of Development Act 1960 (c. 62)

108 In section 7(1) (appeal to magistrates' court against conditions attached to site licence), omit "acting for the petty sessions area in which the land is situated".

109 In section 8(2) (appeal to magistrates' court against alteration to site licence conditions), omit "acting for the petty sessions area in which the land to which the site licence relates is situated".

110 In section 32(1)(c) (application to Scotland), omit "acting for the petty sessions area in which the land is situated".

Administration of Justice Act 1960 (c. 65)

111 In section 2(3) (power to extend time for applying for leave to appeal to House of Lords), omit "Except in a case involving sentence of death,".

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