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Magistrates' Courts Act 1980

Status:

This is the original version (as it was originally enacted).

Schedules

Schedule 1Offences Triable Either Way by Virtue of Section 17

1Offences at common law of public nuisance.

2Offences under section 8 of the Disorderly Houses Act 1751 (appearing to be keeper of bawdy house etc.).

3Offences consisting in contravention of section 13 of the Statutory Declarations Act 1835 (administration by a person of an oath etc. touching matters in which he has no jurisdiction).

4Offences under section 36 of the Malicious Damage Act 1861 (obstructing engines or carriages on railways).

5Offences under the following provisions of the Offences against the Person Act 1861—

(a)section 16 (threats to kill);

(b)section 20 (inflicting bodily injury, with or without a weapon);

(c)section 26 (not providing apprentices or servants with food etc.);

(d)section 27 (abandoning or exposing child);

(e)section 34 (doing or omitting to do anything so as to endanger railway passengers);

(f)section 36 (assaulting a clergyman at a place of worship etc.);

(g)section 38 (assault with intent to resist apprehension);

(h)section 47 (assault occasioning bodily harm—common assault);

(i)section 57 (bigamy);

(j)section 60 (concealing the birth of a child).

6Offences under section 20 of the Telegraph Act 1868 (disclosing or intercepting messages).

7Offences under section 13 of the Debtors Act 1869 (transactions intended to defraud creditors).

8Offences under section 5 of the Public Stores Act 1875 (obliteration of marks with intent to conceal).

9Offences under section 12 of the Corn Returns Act 1882 (false returns).

10Offences under section 22 of the Electric Lighting Act 1882 (injuring works with intent to cut off electricity supply).

11Offences under section 3 of the Submarine Telegraph Act 1885 (damaging submarine cables).

12Offences under section 13 of the Stamp Duties Management Act 1891 (offences in relation to dies and stamps).

13Offences under section 8(2) of the Cremation Act 1902 (making false representations etc. with a view to procuring the burning of any human remains).

14All offences under the Perjury Act 1911 except offences under—

(a)section 1 (perjury in judicial proceedings);

(b)section 3 (false statements etc. with reference to marriage);

(c)section 4 (false statements etc. as to births or deaths).

15The following offences under the Forgery Act 1913—

(a)offences under paragraph (c) of section 2(2) (forgery of valuable security etc.) in relation to—

(i)any document being an accountable receipt, release, or discharge, or any receipt or other instrument evidencing the payment of money, or the delivery of any chattel personal; or

(ii)any document being an authority or request for the payment of money or for the delivery or transfer of goods and chattels, where the amount of money or the value of the goods or chattels does not exceed £1,000 ;

(b)offences under section 4 (forgery of documents in general); and

(c)offences under paragraph (a) of section 7 (demanding property on forged documents), where the amount of the money or the value of the property in respect of which the offence is committed does not exceed £1,000.

16Offences under section 17 of the Deeds of Arrangement Act 1914 (trustee making preferential payments).

17Offences under section 3(4) of the Checkweighing in Various Industries Act 1919 (false statements).

18Offences under section 8(2) of the Census Act 1920 (disclosing census information).

19Offences under section 36 of the Criminal Justice Act 1925 (forgery of passports etc.).

20Offences under section 11 of the Agricultural Credits Act 1928 (frauds by farmers).

21Offences under the following provisions of the Coinage Offences Act 1936—

(a)section 4(1) (defacing coins);

(b)section 5(1) (uttering counterfeit coin);

(c)section 5(2) (uttering counterfeit gold or silver coin);

(d)section 5(3) (possession of counterfeit gold or silver coin);

(e)section 5(4) (possession of counterfeit copper coin); (f) section 5(6) (uttering coins etc. as gold or silver coins);

(g)section 7 (importing and exporting counterfeit coin);

(h)section 8 (making, possessing or selling medals resembling gold or silver coin).

22Offences under the following provisions of the Post Office Act 1953—

(a)section 53 (unlawfully taking away or opening mail bag);

(b)section 55 (fraudulent retention of mail bag or postal packet);

(c)section 57 (stealing, embezzlement, destruction etc. by officer of Post Office of postal packet);

(d)section 58 (opening or delaying of postal packets by officers of the Post Office).

23Offences under the following provisions of the Sexual Offences Act 1956—

(a)section 6 (unlawful sexual intercourse with a girl under 16);

(b)section 13 (indecency between men);

(c)section 26 (permitting a girl under 16 to use premises for sexual intercourse).

24Offences under section 3(1) of the Shipping Contracts and Commercial Documents Act 1964 (offences), so far as it relates to the contravention of any directions given under that Act before 20th March 1980.

25Offences under section 24B(7) of the Housing Subsidies Act 1967 (failure to notify lender that residence condition not fulfilled or ceased to be fulfilled).

26The following offences under the Criminal Law Act 1967—

(a)offences under section 4(1) (assisting offenders); and

(b)offences under section 5(1) (concealing arrestable offences and giving false information),

where the offence to which they relate is triable either way.

27Offences under section 4(1) of the Sexual Offences Act 1967 (procuring others to commit homosexual acts).

28All indictable offences under the Theft Act 1968 except: —

(a)robbery, aggravated burglary, blackmail and assault with intent to rob;

(b)burglary comprising the commission of, or an intention to commit, an offence which is triable only on indictment;

(c)burglary in a dwelling if any person in the dwelling was subjected to violence or the threat of violence.

29Offences under the following provisions of the Criminal Damage Act 1971—

section 1(1) (destroying or damaging property);

section 1(1) and (3) (arson);

section 2 (threats to destroy or damage property) ;

section 3 (possessing anything with intent to destroy or damage property).

30Offences in relation to stamps issued for the purpose of national insurance under the provisions of any enactments as applied to those stamps.

31Uttering any forged document the forgery of which is an offence listed in this Schedule.

32Committing an indecent assault upon a person whether male or female.

33Aiding, abetting, counselling or procuring the commission of any offence listed in the preceding paragraphs of this Schedule except paragraph 26.

34Attempting to commit an offence triable either way except an offence mentioned in paragraph 26 or 33 above.

35Any offence consisting in the incitement to commit an offence triable either way except an offence mentioned in paragraph 33 or 34 above.

Schedule 2Offences for which the value involved is relevant to the mode of trial

OffenceValue involvedHow measured
1. Offences under section 1 of the Criminal Damage Act 1971* (destroying or damaging property), excluding any offence committed by destroying or damaging property by fire.

As regards property alleged to have been destroyed, its value.

As regards property alleged to have been damaged, the value of the alleged damage.

What the property would probably have cost to buy in the open market at the material time.

(a) If immediately after the material time the damage was capable of repair—

(i)what would probably then have been the market price for the repair of the damage, or

(ii) what the property alleged to have been damaged would probably have cost to buy in the open market at the material time,

whichever is the less; or (6) if immediately after the material time the damage

was beyond repair, what the said property would

probably have cost to buy in the open market at

the material time.

2. The following offences, namely—

(a) aiding, abetting, counselling

or procuring the commission of any offence mentioned in paragraph 1 above;

(b) attempting to commit any

offence so mentioned; and

(c) inciting another to commit

any offence so mentioned.

1971 a 48.

The value indicated in paragraph 1 above for the offence alleged to have been aided, ' abetted, counselled or procured, or attempted or incited.As for the corresponding entry in paragraph 1 above.

Schedule 3Corporations

1(1)A magistrates' court may commit a corporation for trial by an order in writing empowering the prosecutor to prefer a bill of indictment in respect of the offence named in the order.

(2)An order under this paragraph shall not prohibit the inclusion in the bill of indictment of counts that under section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 may be included in the bill in substitution for, or in addition to, counts charging the offence named in the order.

2A representative may on behalf of a corporation—

(a)make a statement before examining justices in answer to the charge ;

(b)consent to the corporation being tried summarily ;

(c)enter a plea of guilty or not guilty on the trial by a magistrates' court of an information.

3(1)Where a representative appears, any requirement of this Act that anything shall be done in the presence of the accused, or shall be read or said to the accused, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or said to the representative.

(2)Where a representative does not appear, any such requirement, and any requirement that the consent of the accused shall be obtained for summary trial, shall not apply.

4(1)Notification or intimation for the purposes of subsections (2) and (3) of section 12 above may be given on behalf of a corporation by a director or the secretary of the corporation ; and those subsections shall apply in relation to a notification or intimation purporting to be so given as they apply to a notification or intimation purporting to be given by an individual accused.

(2)In this paragraph " director ", in relation to a corporation which is established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking and whose affairs are managed by the members thereof, means a member of that corporation.

5The provisions of this Act relating to committal to the Crown Court for sentence shall not apply to a corporation.

6Subject to the preceding provisions of this Schedule, the provisions of this Act relating to the inquiry into, and trial of, indictable offences shall apply to a corporation as they apply to an adult.

7Where a corporation and an individual who has attained the age of 17 are jointly charged before a magistrates' court with an offence triable either way, the court shall not try either of the accused summarily unless each of them consents to be so tried.

8Subsection (6) of section 33 of the Criminal Justice Act 1925 shall apply to a representative for the purposes of this Schedule as it applies to a representative for the purposes of that section.

Schedule 4Maximum Periods of Imprisonment in Default of Payment

1Subject to the following provisions of this Schedule, the periods set out in the second column of the following Table shall be the maximum periods applicable respectively to the amounts set out opposite thereto, being amounts due at the time the imprisonment is imposed.

Table

An amount not exceeding £25- .........7 days
An amount exceeding £25 but not exceeding £50 ...14 days
An amount exceeding £50 but not exceeding £200 ...30 days
An amount exceeding £200 but not exceeding £500 ...60 days
An amount exceeding £500 but not exceeding £1,00090 days
An amount exceeding £1,000 but not exceeding £2,5006 months
An amount exceeding £2,500 but not exceeding £5,0009 months
An amount exceeding £5,000 ............12 months

2(1)Where the amount due at the time imprisonment is imposed is so much of a sum adjudged to be paid by a summary conviction as remains due after part payment, then, subject to sub-paragraph (2) below, the maximum period applicable to the amount shall be the period applicable to the whole sum reduced by such number of days as bears to the total number of days therein the same proportion as the part paid bears to the whole sum.

(2)In calculating the reduction required under sub-paragraph (1) above any fraction of a day shall be left out of account and the maximum period shall not be reduced to less than 5 days.

3The maximum period applicable to a sum of any amount enforceable as a civil debt shall be 6 weeks.

Schedule 5Transfer of Remand Hearings

1A court which, on adjourning a case, makes an order under section 130(1) of this Act is not required at that time to fix the time and place at which the case is to be resumed but shall do so as soon as practicable after the order ceases to be in force.

2Where an order under subsection (1) of section 130 of this Act is made in the course of proceedings which, for the purposes of section 8 of this Act, are committal proceedings, proceedings relating to the accused before the alternate court are also committal proceedings for those purposes.

3A court making an order under subsection (1) of section 130 of this Act or remanding the accused under subsection (4) shall at once notify the court before which the accused is to be brought as to the terms of the order or remand.

4A person to whom an order under section 130(1) of this Act applies shall, if released on bail, be bailed to appear before the court which made the order.

5Section 130 of this Act and this Schedule have effect notwithstanding anything in sections 5, 10 or 18(4) of this Act.

Schedule 6Fees

Part IFees to be taken by Clerks to Justices

Appointment:—£
Of any constable (other than special) .........0-05
Of special constables, if less than 28, for each person, to include notice, oath, and certificate .........0-05
If more than 28 are appointed on one occasion, for attending to summons, swearing in, and making out appointments, and the business thereof, for each day2-10
Attendance:—
On a justice, to view deserted premises in order to affix notice or to give possession thereof, or to view a highway, bridge or nuisance............0-33
If required to go more than one mile from the place of holding petty sessions, for each mile after the first (one way).....................0-05
Case for the Opinion of High Court (s. Ill of this Act):—
Drawing case and copy, when the case does not exceed 5 folios of 90 words ...............0-50
For every additional folio beyond 5 .........0-05
Taking recognizance as required by s. 114 of this Act ...0-25
Every enlargement or renewal thereof .........0-13
For certificate of refusal of case............0-10
Certificate:—
Every certificate not otherwise charged.........0-10
Civil Debt (not including rates):—
Summons and copy ...............0-07
Complaint.....................0-05
Order and copy ..................0-15
Oath (each witness) ......... ......0-05
Summons on complaint for commitment and copy, including hearing..................0-15

Warrant of distress..................

Commitment. (See Warrant.)

0-10
Complaint :—
Every complaint not otherwise charged.........0-05
Copy:—
Of any document, per folio of 72 words.........002
Duplicate:—
For the duplicate of any document ........." One-half the original fee.
Exhibit:—
Each document annexed to or referred to in any affidavit or declaration and marked ............005
Hearing:—
When no order is made ...............0-05
Licences:—
For every licence, consent, or authority not otherwise provided for, to include registration when necessary0-25
List:—
Every list not otherwise provided for which it is the duty of the clerk to the justices to make or transmit0-13
Notice:—
Every notice not otherwise provided for.........0-05
Oath:—

Every oath, affirmation, or solemn declaration not otherwise charged ..................

(See note at end of table)

0-05
Order:—
Order, certificate, or record of proceedings in case of deserted premises, or relating to a highway, bridge, or nuisance..................0-25
Order as to the removal of a person of unsound mind...0-25
Every order or minute thereof not otherwise charged ...0-15
Order as to the affiliation of a bastard or under Part I of the Domestic Proceedings and Magistrates' Courts Act 1978 .....................0.10
Variation, revocation, or revival of order ......0-05
Rate:—
Enforcement of any rate, to include complaint, summons, and all other proceedings for which separate fees are not provided hereunder...............0-10
Order .....................0-10
Warrant of distress..................0-10
Commitment ..................0-10
If more than one rate is included in the summons, for each rate after the first...............0-03
When the form of warrant specified as C(2) in Schedule 12 to the General Rate Act 1967, or a form to the like effect, is used, for each name inserted in the particulars over and above eight ...............0-01
Summons :—
Every summons ..................0-05
Every copy.....................0-03
Backing summons for service from outside jurisdiction0-05
Warrant:—
Every warrant of distress when not otherwise provided for........................0-10
To commit after order in which the order is set forth ...0-10
Every other warrant ...............0-05
Return to warrant or endorsing warrant, including oath0-05
Backing warrant for execution from outside jurisdiction0-05

Note—Nothing herein contained shall be construed as authorising the demand of any fee for any oath, affirmation, or declaration to obtain pay, pension, or allowance from government or friendly society, or charitable fund, or for any declaration relating to lost duplicates of articles pledged where the amount advanced on such articles does not exceed £1, or in any other case where an Act of Parliament directs that no fee shall be taken.

Part IIMatters in respect of which no Fees are Chargeable

1Any summons, warrant, notice or order issued, given or made under sections 83(1) or (2), 88, 89 or 136 of this Act, or section 104 of the General Rate Act 1967, or under any rule made for the purposes of those provisions.

2Any criminal matter, but this paragraph shall not prevent the charging of a fee for supplying, for use in connection with a matter which is not a criminal matter, a copy of a document prepared for use in connection with a criminal matter.

Part IIIMatters to which Part I does not Apply

1Billiard licences under section 10 of the Gaming Act 1845.

2The registration of music and dancing licences under section 51 of the Public Health Acts Amendment Act 1890.

3Licences under the Cinematograph Act 1909. 4 Appeals from pilotage authority under section 28 of the Pilotage Act'1913.

5Matters in respect of which fees are authorised to be charged by section 29 of the Licensing Act 1964.

Schedule 7

Consequential Amendments Summary Jurisdiction Act 1857 (20 & 21 Vict. c. 43)

1In sections 6 and 10 of the Summary Jurisdiction Act 1857 for " the Magistrates' Courts Act 1952 " (wherever the words occur) substitute

the Magistrates' Courts Act 1980.

Criminal Law Amendment Act 1867 (30 & 31 Vict. c. 35)

2In section 6 of the Criminal Law Amendment Act 1867 for "section forty-one of the Magistrates' Courts Act 1952" substitute

section 105 of the Magistrates' Courts Act 1980

and for " section fifteen of the Justices of the Peace Act 1949" substitute

section 144 of that Act.

Gun Barrel Proof Act 1868 (c. cxiii)

3In section 4 of the Gun Barrel Proof Act 1868, in the definition of " statutory maximum ", for " section 28 of the Criminal Law Act 1977 " substitute

section 32 of the Magistrates' Courts Act 1980.

Criminal Justice Act 1925 (15 & 16 Geo. 5 c. 86)

4In section 12(4) of the Criminal Justice Act 1925 for " section fifteen of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Art 1980.

5In section 33(4) of the Criminal Justice Act 1925 for the words following " may be made by rules " in the second place where those words occur substitute

under section 144 of the Magistrates' Courts Act 1980.

Children and Young Persons Act 1933 (23 & 24 Geo. 5 c. 12)

6In section 46(1A) of the Children and Young Persons Act 1933 for " section 1 of the Magistrates' Courts Act 1957" substitute

section 12 of the Magistrates' Courts Act 1980.

Criminal Justice Act 1948 (11 & 12 Geo. 6 c. 58)

7In section 27(3) of the Criminal Justice Act 1948 for " section 105(5) of the Magistrates' Courts Act 1952" substitute

section 128(7) of the Magistrates' Courts Act 1980.

Maintenance Orders Act 1950 (14 Geo. 6 c. 37)

8In section 25(1) of the Maintenance Orders Act 1950 for " section fifteen of the Justices of the Peace Act 1949" substitute

section 144 of the Magistrates' Courts Act 1980.

Rag Flock and Other Filling Materials Act 1951 (14 & 15 Geo. 6 c. 63)

9In section 20 of the Rag Flock and Other Filling Materials Act 1951 for " section one hundred and fifteen of the Magistrates* Courts Act 1952 " substitute

section 140 of the Magistrates' Courts Act 1980..

Pharmacy Act 1954 (2 & 3 Eliz. 2 c. 61)

10In section 21 of the Pharmacy Act 1954 for " the Magistrates' Courts Act 1952 " substitute

the Magistrates' Courts Act 1980.

Mines and Quarries Act 1954 (2 & 3 Eliz. 2 c. 70)

11In section 153(a) of the Mines and Quarries Act 1954 for " section thirty-five of the Magistrates' Courts Act 1952 " substitute

section 44 of the Magistrates' Courts Act 1980.

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

12In sections 187(4) and 215(9) of the Army Act 1955 for "the Magistrates' Courts Act 1952 " substitute, in each case,

the Magistrates' Courts Act 1980.

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

13In sections 187(4) and 213(9) of the Air Force Act 1955 for "the Magistrates' Courts Act 1952" substitute, in each case,

the Magistrates' Courts Act 1980.

Food and Drugs Act 1955 (4 & 5 Eliz. 2 c. 16)

14In section 108(1) of the Food and Drugs Act 1955 for "the Magistrates' Courts Act 1952 " (where the words first occur) substitute

the Magistrates' Courts Act 1980

and for " section one hundred and four of the Magistrates' Courts Act 1952 " substitute

section 127(1) of the Magistrates' Courts Act 1980.

15In section 117(1) of the Food and Drugs Act 1955 for "the Magistrates' Courts Act 1952 " substitute

the Magistrates' Courts Act 1980.

Magistrates' Courts (Appeals from Binding Over Orders) Act 1956 (4 & 5 Eliz. 2 c. 44)

16In section 1(1) of the Magistrates' Courts (Appeals from Binding Over Orders) Act 1956 for "the Magistrates' Courts Act 1952" substitute

the Magistrates' Courts Act 1980.

Sexual Offences Act 1956 (4 & 5 Eliz. 2 c.69)

17In section 37(7) of the Sexual Offences Act 1956—

(a)in paragraph (a) for " section 6 of the Children and Young Persons Act 1969 " substitute

section 24 of the Magistrates' Courts Act 1980;

(b)in paragraph (b) for " subsection (5) of section ninety-eight of the Magistrates' Courts Act 1952" substitute

subsection (5) of section 121 of the Magistrates' Courts Act 1980.

18In Part II of Schedule 2 to the Sexual Offences Act 1956, in paragraphs 17 and 18—

(a)in sub-paragraph (ii) in the second column of each paragraph, for " section 16(2) of the Criminal Law Act 1977 " substitute

section 17(1) of the Magistrates' Courts Act 1980;

(b)in the third column of each paragraph, for " section 28(1) of that Act" substitute

section 32(1) of that Act.

Dentists Act 1957 (5 & 6 Eliz. 2 c.28)

19In section 34(3) of the Dentists Act 1957 for " section one hundred and four of the Magistrates' Courts Act 1952 " substitute

section 127(1) of the Magistrates' Courts Act 1980.

Affiliation Proceedings Act 1957 (5 & 6 Eliz. 2 c.55)

20In section 5(5) of the Affiliation Proceedings Act 1957 for " section fifty-two of the Magistrates' Courts Act 1952 " substitute

section 59 of the Magistrates' Courts Act 1980.

21In section 6A of the Affiliation Proceedings Act 1957—

(a)in subsection (1) for " section 53 of the Magistrates' Courts Act 1952 " substitute

section 60 of the Magistrates' Courts Act 1980;

(b)in subsection (2) for " the said section 53 " substitute

the said section 60;

(c)in subsection (5) for " section 63 of the Magistrates' Courts Act 1952 " substitute

section 75 of the Magistrates' Courts Act 1980.

Housing Act 1957 (5 & 6 Eliz. 2 c. 56)

22In section 191(5) of the Housing Act 1957 for " subsection (3) of section one hundred and twenty-two of the Magistrates' Courts Act 1952" substitute

subsection (3) of section 145 of the Magistrates' Courts Act 1980.

Maintenance Orders Act 1958 (6 & 7 Eliz. 2 c.39)

23In section 18 of the Maintenance Orders Act 1958—

(a)in subsection (1) for " subsection (2) of section sixty-five of the Magistrates' Courts Act 1952 " substitute

subsection (2) of section 77 of the Magistrates' Courts Act 1980;

(b)in subsection (6) for " section sixty-seven of the Magistrates' Courts Act 1952" substitute

section 79 of the Magistrates' Courts Act 1980.

24In section 21(1) of the Maintenance Orders Act 1958 for "the Magistrates' Courts Act 1952" substitute

the Magistrates' Courts Act 1980

and for " subsection (2) of section one hundred and twenty-four thereof" substitute

subsection (2) of section 148 thereof.

Adoption Act 1958 (7 Eliz. 2 c. 5)

25In section 9(2) and (4) of the Adoption Act 1958 for " section fifteen of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

26In section 48 of the Adoption Act 1958 for " the Magistrates' Courts Act 1952 " substitute

the Magistrates' Courts Act 1980.

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

27In section 9 of the Manoeuvres Act 1958 for " the Magistrates' Courts Act 1952 " substitute

the Magistrates' Courts Act 1980.

County Courts Act 1959 (7 & 8 Eliz. 2 c. 22)

28In section 179(b) of the County Courts Act 1959 for "the Magistrates' Courts Act 1952" substitute

the Magistrates' Courts Act 1980 (disregarding section 81(1) of that Act).

Highways Act 1959 (7 & 8 Eliz.2 c.25)

29In section 295(1) of the Highways Act 1959, in the definition of " petty sessions area ", for " the Magistrates' Courts Act 1952 " substitute

the Magistrates' Courts Act 1980.

Street Offences Act 1959 (7 & 8 Eliz.2 c.57)

30In section 2(2) of the Street Offences Act 1959 for " section fifteen of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980

and for " sections forty-seven to forty-nine of the Magistrates' Courts Act 1952 " substitute

sections 55 to 57 of that Act.

Mental Health Act 1959 (7 & 8 Eliz. 2 c. 72)

31In section 67(4) of the Mental Health Act 1959 for "section twenty-nine of the Magistrates' Courts Act 1952 " substitute

section 38 of the Magistrates' Courts Act 1980.

32In section 72(6)(b) of the Mental Health Act 1959 for " subsection (3) of section ninety-one of the Magistrates' Courts Act 1952 " substitute

subsection (3) of section 115 of the Magistrates' Courts Act 1980.

33In section 73(2)(b) of the Mental Health Act 1959 for " section twenty-eight or section twenty-nine of the Magistrates' Courts Act 1952 " substitute

section 37 or section 38 of the Magistrates' Courts Act 1980.

34In section 77(3) of the Mental Health Act 1959 for " section one hundred and five of the Magistrates' Courts Act 1952" substitute

section 128 of the Magistrates' Courts Act 1980.

Road Traffic Act 1960 (8 & 9 Eliz. 2 c.16)

35In section 257(1) of the Road Traffic Act 1960, in the definitions of " magistrates' court" and "petty sessions area ", for " the Magistrates' Courts Act 1952 " substitute

the Magistrates' Courts Act 1980.

Administration of Justice Act 1960 (8 & 9 Eliz.2 c.65)

36In section 13(5) of the Administration of Justice Act 1960, in paragraph (c) for " subsection (3) of section fifty-four of the Magistrates' Courts Act 1952 " substitute

subsection (3) of section 63 of the Magistrates' Courts Act 1980,

and in the words following paragraph (c) for "the Magistrates' Courts Act 1952" substitute

the Magistrates' Courts Act 1980.

Factories Act 1961 (9 & 10 Eliz.2 c.34)

37In section 176(1) of the Factories Act 1961, in the definition of "magistrates' court", for "the Magistrates' Courts Act 1952" substitute

the Magistrates' Courts Act 1980.

Criminal Justice Act 1961 (9 & 10 Eliz. 2 c. 39)

38In section 1(4) of the Criminal Justice Act 1961 for " section twenty-eight of the Magistrates' Courts Act 1952 " substitute

section 37 of the Magistrates' Courts Act 1980.

39In section 3(4) of the Criminal Justice Act 1961 for " section one hundred and eight of the Magistrates' Courts Act 1952 " substitute

section 133 of the Magistrates' Courts Act 1980.

40In section 4(4) of the Criminal Justice Act 1961 for " subsection (3) of section fourteen of the Magistrates' Courts Act 1952 " substitute

subsection (3) of section 10 of the Magistrates' Courts Act 1980.

41In section 5(5) of the Criminal Justice Act 1961 for " Part III of the Magistrates' Courts Act 1952" substitute

Part III of the Magistrates' Courts Act 1980.

42In section 12(4) of the Criminal Justice Act 1961 for " subsection (3) of section fourteen of the Magistrates' Courts Act 1952 " substitute

subsection (3) of section 10 of the Magistrates' Courts Act 1980.

Plant Varieties and Seeds Act 1964 (c.14)

43In section 23(2) of the Plant Varieties and Seeds Act 1964 for " section 104 of the Magistrates' Courts Act 1952 " substitute

section 127(1) of the Magistrates' Courts Act 1980.

44In section 28 of the Plant Varieties and Seeds Act 1964—

(a)in subsection (1) for " section 104 of the Magistrates' Courts Act 1952" substitute

section 127(1) of the Magistrates' Courts Act 1980;

(b)in subsection (2) for " the said section 104 " substitute

the said section 127(1).

Licensing Act 1964 (c.26)

45In section 22(4) of the Licensing Act 1964 for " section 85(2) of the Magistrates' Courts Act 1952 " substitute

section 109(1) of the Magistrates' Courts Act 1980.

46In section 28(2) of the Licensing Act 1964 for " Section 118(2) of the Magistrates' Courts Act 1952 " substitute

Section 141(2) of the Magistrates' Courts Act 1980.

47In section 48(3) of the Licensing Act 1964 for " section 104 of the Magistrates' Courts Act 1952 " substitute

section 127(1) of the Magistrates' Courts Act 1980.

48In section 192(2) of the Licensing Act 1964 for " section 3 of the Magistrates' Courts Act 1952" substitute

section 3 of the Magistrates' Courts Act 1980.

49In Schedule 2 to the Licensing Act 1964, in paragraph 9, for " Subsections (1), (3) and (4) of section 77 of the Magistrates' Courts Act 1952 " substitute

Subsections (1), (3) and (4) of section 97 of the Magistrates' Courts Act 1980.

50In Schedule 6 to the Licensing Act 1964—

(a)in paragraph 16(2), for " subsections (1) and (3) of section 77 and section 98 of the Magistrates' Courts Act 1952" substitute

subsections (1) and (3) of section 97 and section 121 of the Magistrates' Courts Act 1980;

(b)in paragraph 18, for the words from " section 15 of the Justices of the Peace Act 1949 " to the end substitute

section 144 of the Magistrates' Courts Act 1980, shall have effect subject to any rules so made and to any rules made under section 15 of the Justices of the Peace Act 1949 (which was re-enacted in the said section 144) after 3rd August 1961.

Administration of Justice Act 1964 (c.42)

51In section 38(1) of the Administration of Justice Act 1964 for " section 28 or 29 of the Magistrates' Courts Act 1952 " substitute

section 37 or 38 of the Magistrates' Courts Act 1980.

Magistrates' Courts Act (Northern Ireland) 1964 (c.21 (N.I.))

52In section 104B of the Magistrates' Courts Act (Northern Ireland) 1964—

(a)in subsection (1) for " section 72A of the Magistrates Courts Act 1952 " substitute

section 90 of the Magistrates' Courts Act 1980

and for " the said Act of 1952 " substitute

the said Act of 1980;

(b)in subsection (2) for " section 72A of the Magistrates Courts Act 1952 " substitute

section 90 of the Magistrates' Courts Act 1980.

Finance Act 1965 (c.25)

53In section 92(7) of the Finance Act 1965 for " Section 104 of the Magistrates' Courts Act 1952 " substitute

Section 127(1) of the Magistrates' Courts Act 1980.

Gas Act 1965 (c.36)

54In section 21(4) of the Gas Act 1965 for " section 35 of the Magistrates' Courts Act 1952" substitute

section 44 of the Magistrates' Courts Act 1980.

Backing of Warrants (Republic of Ireland) Act 1965 (c.45)

55In the Schedule to the Backing of Warrants (Republic of Ireland) Act 1965, in the proviso to paragraph 2, for " the Magistrates' Courts Act 1952 " (in both places) substitute

the Magistrates' Courts Act 1980.

Criminal Procedure (Attendance of Witnesses) Act 1965 (c.69)

56In section 8 of the Criminal Procedure (Attendance of Witnesses) Act 1965 for " section 77 of the Magistrates' Courts Act 1952 " substitute " section 97 of the Magistrates' Courts Act 1980 .

General Rate Act 1967 (c.9)

57In section 97(3) of the General Rate Act 1967 for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

58In section 98 of the General Rate Act 1967 for " the Magistrates' Courts Act 1952 " substitute

the Magistrates' Courts Act 1980.

59In section 104(2) of the General Rate Act 1967 for "section 15 of the Magistrates' Courts Act 1952 " substitute

section 13 of the Magistrates' Courts Act 1980.

60In section 107(1) of the General Rate Act 1967 for " section 122(3) of the Magistrates' Courts Act 1952" substitute

section 145(3) of the Magistrates' Courts Act 1980.

Criminal Law Act 1967 (c.58)

61In section 2(1) of the Criminal Law Act 1967 for " section 29 of the Criminal Law Act 1977" substitute

section 33 of the Magistrates' Courts Act 1980,

for " subsection (2) of section 23 of the said Act of 1977 " substitute

subsection (2) of section 22 of the said Act of 1980

and for " the said section 23 " substitute

the said section 22.

Wireless Telegraphy Act 1967 (c.72)

62In section 11(4) of the Wireless Telegraphy Act 1967 for " section 115 of the Magistrates' Courts Act 1952 " substitute

section 140 of the Magistrates' Courts Act 1980.

Criminal Justice Act 1967 (c.80)

63In section 7 of the Criminal Justice Act 1967 for " section 2 of this Act" substitute

section 102 of the Magistrates' Courts Act 1980.

64In section 11(3) of the Criminal Justice Act 1967 for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

65In section 32(3)(6) of the Criminal Justice Act 1967 for " section 26 of the Magistrates' Courts Act 1952 " substitute

section 30 of the Magistrates' Courts Act 1980.

66In section 36(2) of the Criminal Justice Act 1967 for "the Magistrates' Courts Act 1952" substitute

the Magistrates' Courts Act 1980.

67In section 56 of the Criminal Justice Act 1967—

(a)in subsection (2) for " sections 28 and 29 of the Magistrates' Courts Act 1952" substitute

sections 37 and 38 of the Magistrates' Courts Act 1980;

(b)in subsection (6) for " section 28 of the Magistrates' Courts Act 1952 " substitute

section 37 of the Magistrates' Courts Act 1980.

68In section 62(7) of the Criminal Justice Act 1967 for " section 29 of the Magistrates' Courts Act 1952 " substitute

section 38 of the Magistrates' Courts Act 1980.

69In section 90(2) and (4) of the Criminal Justice Act 1967 for "section 104 of the Magistrates' Courts Act 1952" substitute, in each case,

section 127(1) of the Magistrates' Courts Act 1980.

Companies Act 1967 (c.81)

70In section 49(3) of the Companies Act 1967 for " section 104 of the Magistrates' Courts Act 1952 " substitute

section 127(1) of the Magistrates' Courts Act 1980.

Criminal Appeal Act 1968 (c.19)

71In section 1 of the Criminal Appeal Act 1968—

(a)in subsection (1) insert at the beginning

Subject to subsection (3) below;

(b)insert after subsection (2)—

(3)Where a person is convicted before the Crown Court of a scheduled offence it shall not be open to him to appeal to the Court of Appeal against the conviction on the ground that the decision of the court which committed him for trial as to the value involved was mistaken.

(4)In subsection (3) above "scheduled offence" and " the value involved " have the same meanings as they have in section 22 of the Magistrates' Courts Act 1980 (certain offences against property to be tried summarily if value of property or damage is small)..

Firearms Act 1968 (c.27)

72In section 51(4) of the Firearms Act 1968 for " section 104 of the Magistrates' Courts Act 1952 " substitute

section 127(1) of the Magistrates' Courts Act 1980.

73In Part II of Schedule 6 to the Firearms Act 1968, in paragraph 3—

(a)in sub-paragraph (1) for " Schedule 3 to the Criminal Law Act 1977" substitute

Schedule 1 to the Magistrates' Courts Act 1980;

(b)in sub-paragraph (2) for " sections 19 to 24 of the said Act of 1977 " substitute

sections 18 to 23 of the said Act of 1980;

(c)in sub-paragraph (3) for " the said sections 19 to 24" substitute

the said sections 18 to 23

and for " section 25(3) and (4) of the said Act of 1977 " substitute

section 25(3) and (4) of the said Act of 1980.

Trade Descriptions Act 1968 (c.29)

74In sections 19(2) and 40(l)(a) of the Trade Descriptions Act 1968 for " section 104 of the Magistrates' Courts Act 1952" substitute

section 127(1) of the Magistrates' Courts Act 1980.

Civil Evidence Act 1968 (c.64)

75In section 8(6) of the Civil Evidence Act 1968 for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

Medicines Act 1968 (c.67)

76In section 125(1) of the Medicines Act 1968 for " section 104 of the Magistrates' Courts Act 1952 " substitute

section 127(1) of the Magistrates' Courts Act 1980.

Sea Fisheries Act 1968 (c.77)

77In section 12(3) of the Sea Fisheries Act 1968 for " Sections 65(1) and 66 of the Magistrates' Courts Act 1952 " substitute

Sections 77(1) and 78 of the Magistrates' Courts Act 1980.

Children and Young Persons Act 1969 (c. 54)

78In section 2 of the Children and Young Persons Act 1969—

(a)in subsection (4) for " subsections (3) and (4) of section 47 of the Magistrates' Courts Act 1952 " substitute

subsections (3) and (4) of section 55 of the Magistrates' Courts Act 1980;

(b)in subsection (6) for " Section 77 of the Magistrates' Courts Act 1952 " substitute

Section 97 of the Magistrates' Courts Act 1980;

(c)in subsection (13) for " section 96 of the Magistrates' Courts Act 1952" substitute

section 120 of the Magistrates* Courts Act 1980.

79In section 7(1) of the Children and Young Persons Act 1969 for " section 28(1) of the Magistrates' Courts Act 1952 " substitute

section 37(1) of the Magistrates' Courts Act 1980.

80In section 8(3) of the Children and Young Persons Act 1969 for " Subsections (2) and (4) of section 40 of the Magistrates' Courts Act 1952" substitute

Subsections (2) and (4) of section 49 of the Magistrates' Courts Act 1980.

81In section 16(2) of the Children and Young Persons Act 1969 for " subsections (3) and (4) of section 47 of the Magistrates' Courts Act 1952 " substitute

subsections (3) and (4) of section 55 of the Magistrates' Courts Act 1980.

82In section 18(2) of the Children and Young Persons Act 1969 for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

83In section 23 of the Children and Young Persons Act 1969—

(a)in subsection (4) for " section 28 of the Magistrates' Courts Act 1952" substitute

section 37 of the Magistrates' Courts Act 1980;

(b)in subsection (5) for " section 105(5) of the said Act of 1952 " substitute

section 128(7) of the said Act of 1980.

84In section 31(6) of the Children and Young Persons Act 1969 for " the Magistrates' Courts Act 1952" substitute

the Magistrates' Courts Act 1980.

85In section 70(1) of the Children and Young Persons Act 1969, in the definition of " petty sessions area", for " the Magistrates' Courts Act 1952 " substitute

the Magistrates' Courts Act 1980.

86In Schedule 4 to the Children and Young Persons Act 1969, in paragraph 5(1), for " section 28(1) of the Magistrates' Courts Act 1952 " substitute

section 37(1) of the Magistrates' Courts Act 1980.

87In Schedule 5 to the Children and Young Persons Act 1969, in paragraph 55, for " sections 2 and 9 of the Criminal Justice Act 1967" substitute

section 9 of the Criminal Justice Act 1967 and section 102 of the Magistrates' Courts Act 1980.

Administration of Justice Act 1970 (c. 31)

88In section 41(8) of the Administration of Justice Act 1970 for " section 64 of the Magistrates' Courts Act 1952 " substitute

section 76 of the Magistrates' Courts Act 1980

and for " paragraph 2 of Schedule 3 to that Act" substitute

paragraph 2 of Schedule 4 to that Act.

89In Schedule 1 to the Administration of Justice Act 1970 for " section 54(3) of the Magistrates' Courts Act 1952" substitute

section 63(3) of the Magistrates' Courts Act 1980.

Merchant Shipping Act 1970 (c. 36)

90In section 56(2) and (7) of the Merchant Shipping Act 1970 for "subsections (1), (3) and (4) of section 77 of the Magistrates-Courts Act 1952 " substitute, in each place,

subsections (1), (3) and (4) of section 97 of the Magistrates' Courts Act 1980.

Guardianship of Minors Act 1971 (c. 3)

91In section 13(1) of the Guardianship of Minors Act 1971 for " section 54(3) of the Magistrates' Courts Act 1952" substitute

section 63(3) of the Magistrates' Courts Act 1980.

92In section 16(5) of the Guardianship of Minors Act 1971—

(a)for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980;

(b)for "section 55(1) of the Magistrates' Courts Act 1952" substitute

section 64(1) of the Magistrates' Courts Act 1980.

Vehicles (Excise) Act 1971 (c.10)

93In section 34 of the Vehicles (Excise) Act 1971—

(a)for " section 1(2) of the Magistrates' Courts Act 1957" substitute

section 12(2) of the Magistrates' Courts Act 1980;

(b)for "section 15 of the Justices of the Peace Act 1949" substitute

section 144 of the Magistrates' Courts Act 1980;

(c)for " the said section 1(2)" substitute

the said section 12(2).

Courts Act 1971 (c.23)

94In section 7(2) of the Courts Act 1971 for "subsection (1) above " substitute

section 7 of the Magistrates' Courts Act 1980.

95In section 13 of the Courts Act 1971—

(a)in subsection (5Xe) for " sections 94 and 95 of the Magistrates' Courts Act 1952 " substitute

sections 118 and 119 of the Magistrates' Courts Act 1980;

(b)in subsection (8) for "the Magistrates' Courts Act 1952" substitute

the Magistrates' Courts Act 1980.

96In section 52(5) of the Courts Act 1971 for " section 55 of the Magistrates' Courts Act 1952 " substitute

section 64 of the Magistrates' Courts Act 1980.

Attachment of Earnings Act 1971 (c.32)

97In section 3 of the Attachment of Earnings Act 1971—

(a)in subsection (l)(c) for " section 52(1) of the Magistrates' Courts Act 1952" substitute

section 59(1) of the Magistrates' Courts Act 1980;

(b)in subsection (4) for " section 64 of the Magistrates' Courts Act 1952 " substitute

section 76 of the Magistrates' Courts Act 1980

and for " section 64 of the said Act of 1952 " substitute

section 76 of the said Act of 1980.

98In section 8(3) of the Attachment of Earnings Act 1971 for " section 65(2) of the Magistrates' Courts Act 1952 " substitute

section 77(2) of the Magistrates' Courts Act 1980.

99In section 17(3)(e) of the Attachment of Earnings Act 1971 for " Part III of the Magistrates' Courts Act 1952 " substitute

Part III of the Magistrates' Courts Act 1980.

100In section 19 of the Attachment of Earnings Act 1971—

(a)in subsection (4) for " section 43 of the Magistrates' Courts Act 1952 " substitute

section 51 of the Magistrates' Courts Act 1980;

(b)in subsection (5) for " section 104 of the Magistrates' Courts Act 1952 " substitute

section 127(1) of the Magistrates' Courts Act 1980.

101In section 25 of the Attachment of Earnings Act 1971—

(a)in subsection (1), in the definition of " rules of court", for " section 15 of the Justices of the Peace Act 1949" substitute

section 144 of the Magistrates' Courts Act 1980; and

(b)in subsection (6) for "Part III of the Magistrates' Courts Act 1952 " substitute

Part III of the Magistrates' Courts Act 1980.

Misuse of Drugs Act 1971 (c.38")

102In section 25(4) of the Misuse of Drugs Act 1971 for " section 104 of the Magistrates' Courts Act 1952 " substitute

section 127(1) of the Magistrates' Courts Act 1980.

Fire Precautions Act 1971 (c.40)

103In section 26(1) of the Fire Precautions Act 1971 for "the Magistrates' Courts Act 1952 " substitute

the Magistrates' Courts Act 1980.

Immigration Act 1971 (c.77)

104In section 6(2) of the Immigration Act 1971 for " section 14(3) of the Magistrates' Courts Act 1952 " substitute

section 10(3) of the Magistrates' Courts Act 1980.

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

105In section 14(3) and (6) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 for " section 77(1), (3) and (4) of the Magistrates' Courts Act 1952" substitute, in each case,

section 97(1), (3) and (4) of the Magistrates' Courts Act 1980.

106In section 18(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

107In section 21(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972, in the definition of " prescribed", for "section 15 of the Justices of the Peace Act 1949" substitute

section 144 of the Magistrates' Courts Act 1980.

108In section 27 of the Maintenance Orders (Reciprocal Enforcement) Act 1972—

(a)in subsection (9) for " section 52 of the Magistrates' Courts Act 1952 " substitute

section 59 of the Magistrates' Courts Act 1980;

(b)in subsection (10) for " section 15 of the Justices of the Peace Act 1949" substitute

section 144 of the Magistrates' Courts Act 1980.

109In section 38(4) and (6) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 for " section 77(1), (3) and (4) of the Magistrates' Courts Act 1952" substitute, in each case,

section 97(1), (3) and (4) of the Magistrates' Courts Act 1980.

110In section 41 of the Maintenance Orders (Reciprocal Enforcement) Act 1972—

(a)in subsections (1), (2A) and (2B) for " section 53 of the Magistrates' Courts Act 1952" substitute, in each case,

section 60 of the Magistrates' Courts Act 1980;

(b)in subsection (2A) for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980;

(c)in subsection (2B) for " section 47(3) of the Magistrates' Courts Act 1952 " substitute

section 55(3) of the Magistrates' Courts Act 1980.

Road Traffic Act 1972 (c.20)

111In section 104(2) of the Road Traffic Act 1972 for "section 1(2) of the Magistrates' Courts Act 1957 " substitute

section 12(2) of the Magistrates' Courts Act 1980.

112In Part I of Schedule 4 to the Road Traffic Act 1972, in column 4 of the entries relating to section 2 and section 99(b), for " section 28 of the Criminal Law Act 1977 " substitute, in each case,

section 32 of the Magistrates' Courts Act 1980.

Civil Evidence Act 1972 (c.30)

113In section 2(8) of the Civil Evidence Act 1972 for "section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

Criminal Justice Act 1972 (c.71)

114In section 46 of the Criminal Justice Act 1972—

(a)in subsection (1) for the words from " Sections 2 " to " those sections)" substitute

Section 102 of the Magistrates' Courts Act 1980 and section 9 of the Criminal Justice Act 1967 (which respectively allow written statements to be used as evidence in committal proceedings and in other criminal proceedings) and section 106 of the said Act of 1980 and section 89 of the said Act of 1967 (which punish the making of false statements which are tendered in evidence under the said section 102 or 9, as the case may be);

(b)in subsection (2) for " The said section 2 " substitute

The said section 102.

115In section 49(1) of the Criminal Justice Act 1972 for " Part III of the Magistrates' Courts Act 1952" substitute

Part III of the Magistrates' Courts Act 1980.

Guardianship Act 1973 (c.29)

116In section 3(4) of the Guardianship Act 1973 for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

117In section 6(4) of the Guardianship Act 1973 for "section 46(2) of the Magistrates' Courts Act 1952 " substitute

section 54(2) of the Magistrates' Courts Act 1980.

Fair Trading Act 1973 (c.41)

118In section 129(2) and (4) of the Fair Trading Act 1973 for " section 104 of the Magistrates' Courts Act 1952 " substitute

section 127(1) of the Magistrates' Courts Act 1980.

Powers of Criminal Courts Act 1973 (c.62)

119In section 1(6) of the Powers of Criminal Courts Act 1973 for " section 14(1) of the Magistrates' Courts Act 1952 " substitute

section 10(1) of the Magistrates' Courts Act 1980,

for " section 15 of that Act" substitute

sections 11(1) and 13(1), (2) and (5) of that Act,

and for " applies " substitute

apply.

120In section 32 of the Powers of Criminal Courts Act 1973—

(a)in subsection (2) for " section 67(2) of the Magistrates' Courts Act 1952" substitute

section 79(2) of the Magistrates' Courts Act 1980,

for "section 44(10) of the Criminal Justice Act 1967 " substitute

section 85(1) of that Act

and for " Schedule 3 to the Magistrates' Courts Act 1952 " substitute

Schedule 4 to that Act;

(6)in subsection (4) for " section 44(10) of the Criminal Justice Act 1967 or section 96 of the Magistrates' Courts Act 1952 " substitute

section 85(1) or 120 of the Magistrates* Courts Act 1980

and for " and section 44(10) " substitute

and section 85(1).

121In section 42 of the Powers of Criminal Courts Act 1973 for " section 29 of the Magistrates' Courts Act 1952" substitute

section 38 of the Magistrates' Courts Act 1980.

122In section 44(1) of the Powers of Criminal Courts Act 1973 for "section 29 of the Magistrates' Courts Act 1952" substitute

section 38 of the Magistrates' Courts Act 1980.

123In section 57(1) of the Powers of Criminal Courts Act 1973, in the definition of " the register ", for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

Slaughterhouses Act 1974 (c.3)

124In section 6(2) of the Slaughterhouses Act 1974 for "the Magistrates' Courts Act 1952 " substitute

the Magistrates' Courts Act 1980.

125In sections 38(6) and 43(3) of the Slaughterhouses Act 1974 for " section 35 of the Magistrates' Courts Act 1952 " substitute, in each case,

section 44 of the Magistrates' Courts Act 1980.

Legal Aid Act 1974 (c.4)

126In section 23(2) of the Legal Aid Act 1974 for " the Magistrates' Courts Act 1952" substitute

the Magistrates' Courts Act 1980.

127In section 30(11) of the Legal Aid Act 1974 for "section 91 of the Magistrates' Courts Act 1952 " substitute

section 115 of the Magistrates' Courts Act 1980.

128In section 40(1) of the Legal Aid Act 1974 for " section 28 or 29 of the Magistrates' Courts Act 1952" substitute

section 37 or 38 of the Magistrates' Courts Act 1980.

129In Schedule 3 to the Legal Aid Act 1974—

(a)in paragraph 2 for " section 63 of the Magistrates' Courts Act 1952 " substitute

section 75 of the Magistrates' Courts Act 1980;

(b)in paragraph 3 for " Sections 74 (complaint for arrears), 75 (effect of committal on arrears) and 76 (power to remit arrears) of the Magistrates' Courts Act 1952" substitute

Sections 93 (complaint for arrears), 94 (effect of committal on arrears) and 95 (power to remit arrears) of the Magistrates' Courts Act 1980;

(c)in paragraph 4 for "section 55 of the Magistrates' Courts Act 1952 " substitute

section 64 of the Magistrates' Courts Act 1980;

(d)in paragraph 6 for " Section 68 of the Magistrates' Courts Act 1952 " substitute

Section 80 of the Magistrates' Courts Act 1980.

Control of Pollution Act 1974 (c.40)

130In section 87(3) of the Control of Pollution Act 1974 for " section 104 of the Magistrates' Courts Act 1952 " substitute

section 127(1) of the Magistrates' Courts Act 1980.

Friendly Societies Act 1974 (c.46)

131In section 102 of the Friendly Societies Act 1974 for "the Magistrates' Courts Act 1952 " substitute

the Magistrates' Courts Act 1980.

Solicitors Act 1974 (c.47)

132In sections 26, 42(2) and 44(4) of the Solicitors Act 1974 for " the Magistrates' Courts Act 1952 " substitute, in each case,

the Magistrates' Courts Act 1980.

Insurance Companies Act 1974 (c.49)

133In section 82(2) of the Insurance Companies Act 1974 for "section 104 of the Magistrates' Courts Act 1952" substitute

section 127(1) of the Magistrates' Courts Act 1980.

Rehabilitation of Offenders Act 1974 (c.53)

134In section 6(6)(a) of the Rehabilitation of Offenders Act 1974 for " section 23 of the Criminal Law Act 1977 " substitute

section 22 of the Magistrates' Courts Act 1980.

Social Security Act 1975 (c.14)

135In section 152(1) of the Social Security Act 1975—

(a)for " section 1(2) of the Magistrates' Courts Act 1957 " substitute

section 12(2) of the Magistrates' Courts Act 1980;

(b)for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

Criminal Procedure (Scotland) Act 1975 (c.21)

136In section 397(1) of the Criminal Procedure (Scotland) Act 1975 for "section 72A of the Magistrates' Courts Act 1952" substitute

section 90 of the Magistrates' Courts Act 1980.

137In section 403 of the Criminal Procedure (Scotland) Act 1975—

(a)in subsection (4) for " section 72A of the Magistrates' Courts Act 1952" substitute

section 90 of the Magistrates' Courts Act 1980,

for " the said Act of 1952 " (in the first place where the words occur) substitute

the said Act of 1980

and for " the Table set out in paragraph 1 of Schedule 3 to the said Act of 1952 " substitute

the Table set out in paragraph 1 of Schedule 4 to the said Act of 1980;

(b)in subsection (6) for " section 72A of the Magistrates' Courts Act 1952 " substitute

section 90 of the Magistrates' Courts Act 1980.

Children Act 1975 (c.72)

138In section 46(4) of the Children Act 1975 for " section 55(1) of the Magistrates' Courts Act 1952 " substitute

section 64(1) of the Magistrates' Courts Act 1980.

Presention of Terrorism (Temporary Provisions) Act 1976 (c.8)

139In section 12(3) of the Prevention of Terrorism (Temporary Provisions) Act 1976 for " Section 38 of the Magistrates' Courts Act 1952 " substitute

Section 43 of the Magistrates' Courts Act 1980.

Restrictive Trade Practices Act 1976 (c.34)

140In sections 39(2) and 41(5) and (7) of the Restrictive Trade Practices Act 1976 for " section 104 of the Magistrates' Courts Act 1952 " substitute, in each case,

section 127(1) of the Magistrates' Courts Act 1980.

Adoption Act 1976 (c.36)

141In section 66(2) of the Adoption Act 1976 for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

142In section 72(1) of the Adoption Act 1976, in the definition of " rules ", for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

Bail Act 1976 (c.63)

143In section 2(l)(c) of the Bail Act 1976 for " section 26(1) of the Magistrates' Courts Act 1952 " substitute

section 30(1) of the Magistrates' Courts Act 1980.

144In section 3(9) of the Bail Act 1976 for " subsection (3) of section 26 of the Magistrates' Courts Act 1952 " substitute

subsection (2) of section 30 of the Magistrates' Courts Act 1980.

145In section 4(7) of the Bail Act 1976 for " section 8 of the Magistrates' Courts Act 1952 " substitute

section 41 of the Magistrates' Courts Act 1980.

146In Part I of Schedule 1 to the Bail Act 1976, in paragraph 8(3), for " section 26(3) of the Magistrates' Courts Act 1952 " substitute

section 30(2) of the Magistrates' Courts Act 1980

and for " the said section 26(3) " substitute

the said section 30(2).

Land Drainage Act 1976 (c.70)

147In section 19(2) of the Land Drainage Act 1976 for " the Magistrates' Courts Act 1952 " substitute

the Magistrates' Courts Act 1980.

Sexual Offences (Amendment) Act 1976 (c.82)

148In section 3(3) of the Sexual Offences (Amendment) Act 1976 for " section 6(1) of the Children and Young Persons Act 1969 " substitute

section 24(1) of the Magistrates' Courts Act 1980.

Criminal Law Act 1977 (c.45)

149In section 28(8) of the criminal Law Act 1977 for " Schedule 3 to this Act" substitute

Schedule 1 to the Magistrates' Courts Act 1980.

150In section 38(1) of the Criminal Law Act 1977 for " subsection (4) of section 102 of the Magistrates' Courts Act 1952 " substitute

subsection (3) of section 125 of the Magistrates' Courts Act 1980.

151In section 48(1) of the Criminal Law Act 1977 for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

152In section 64(2) of the Criminal Law Act 1977 for " section 23 above" substitute

section 22 of the Magistrates' Courts Act 1980 (cases where value involved is small).

153In section 65(2) of the Criminal Law Act 1977 for " 14 " substitute

15

and for " Magistrates' Courts Act 1952 " substitute

Magistrates' Courts Act 1980.

154In paragraph 1 of Schedule 5 to the Criminal Law Act 1977—

(a)in subparagraph (l)(b), for "subparagraph (2)(6) below" substitute

subparagraph (1A) below;

(6)after subparagraph (1) insert—

(1A)The offences mentioned in subparagraph (1)(b) above are offences under the following provisions of the Misuse of Drugs Act 1971, where the controlled drug in relation to which the offence was committed was a Class C drug, namely—

(i)section 4(2) (production, or being concerned in the production, of a controlled drug);

(ii)section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another);

(iii)section 5(3) (having possession of a controlled drug with intent to supply it to another);

(iv)section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there);

(v)section 12(6) (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs); or

(vi)section 13(3) (contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs)..

155In paragraph 1 of Schedule 14 to the Criminal Law Act 1977 for " 14 to 26, 34 and 35 " substitute

15 and 17.

Civil Aviation Act 1978 (c.8)

156In section 2(7)(a) of the Civil Aviation Act 1978 for " section 28 of the Criminal Law Act 1977 " substitute

section 32 of the Magistrates' Courts Act 1980

and for " section 61 of that Act" substitute

section 143 of that Act.

Domestic Proceedings and Magistrates' Courts Act 1978 (c.22)

157In section 8(8) of the Domestic Proceedings and Magistrates' Courts Act 1978 for " the proviso to section 60(1) of the Magistrates' Courts Act 1952 " substitute

section 72(1) of the Magistrates' Courts Act 1980.

158In section 12(8) of the Domestic Proceedings and Magistrates' Courts Act 1978 for " section 46(2) of the Magistrates' Courts Act 1952" substitute

section 54(2) of the Magistrates' Courts Act 1980.

159In section 16(8) of the Domestic Proceedings and Magistrates' Courts Act 1978 for " Part II of the Magistrates' Courts Act 1952 " substitute

Part II of the Magistrates' Courts Act 1980.

160In section 22 of the Domestic Proceedings and Magistrates' Courts Act 1978 for " section 63 of the Magistrates' Courts Act 1952 " substitute

section 75 of the Magistrates' Courts Act 1980.

161In section 23 of the Domestic Proceedings and Magistrates' Courts Act 1978—

(a)in subsection (1) for " section 55(1) of the Magistrates' Courts Act 1952" substitute

section 64(1) of the Magistrates' Courts Act 1980;

(b)in subsection (2) for " section 53 of the Magistrates' Courts Act 1952 " substitute

section 60 of the Magistrates' Courts Act 1980

and for " section 54(2) of that Act" substitute

section 63(2) of that Act.

162In section 24(3) of the Domestic Proceedings and Magistrates' Courts Act 1978 for " section 47(3) of the Magistrates' Courts Act 1952" substitute

section 55(3) of the Magistrates' Courts Act 1980.

163In section 30(1) of the Domestic Proceedings and Magistrates' Courts Act 1978 for "section 11 of the Administration of Justice Act 1964 " substitute

section 70 of the Magistrates' Courts Act 1980.

164In section 32(2) of the Domestic Proceedings and Magistrates' Courts Act 1978 for " section 52 of the Magistrates' Courts Act 1952 " substitute

section 59 of the Magistrates' Courts Act 1980

and for " the said section 52 " substitute

the said section 59.

165In section 33 of the Domestic Proceedings and Magistrates' Courts Act 1978 for " section 54(3) of the Magistrates' Courts Act 1952" substitute

section 63(3) of the Magistrates' Courts Act 1980.

166In section 47(2) of the Domestic Proceedings and Magistrates' Courts Act 1978 for "section 53 of the Magistrates' Courts Act 1952 " substitute

section 60 of the Magistrates' Courts Act 1980

and for "section 54(2) of that Act" substitute

section 63(2) of that Act.

167In section 88(1) of the Domestic Proceedings and Magistrates' Courts Act 1978 for " section 56 of the Magistrates' Courts Act 1952 " substitute

section 65 of the Magistrates' Courts Act 1980

and for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

Nuclear Safeguards and Electricity (Finance) Act 1978 (c. 25)

168In section 2(6) of the Nuclear Safeguards and Electricity (Finance) Act 1978 for " section 28 of the Criminal Law Act 1977 " substitute

section 32 of the Magistrates' Courts Act 1980

for " the provisions of the Criminal Law Act 1977 " substitute

the provisions of the Magistrates' Courts Act 1980.

Interpretation Act 1978 (c. 30)

169In Schedule 1 to the Interpretation Act 1978—

(a)in paragraph (a) of the definition of " committed for trial" for " section 7 of the Magistrates' Courts Act 1952 " substitute

section 6 of the Magistrates' Courts Act 1980;

(b)in paragraph (a) of the definition of " magistrates' court" for " section 124 of the Magistrates' Courts Act 1952 " substitute

section 148 of the Magistrates' Courts Act 1980;

(c)in the entry about expressions relating to offences for " section 23 of the Criminal Law Act 1977 " substitute

section 22 of the Magistrates' Courts Act 1980.

Theft Act 1978 (c. 31)

170In section 4(3)(b) of the Theft Act 1978 for " section 28 of the Criminal Law Act 1977 " substitute

section 32 of the Magistrates' Courts Act 1980.

Protection of Children Act 1978 (c. 37)

171In section 6(3)(b) of the Protection of Children Act 1978 for " section 28 of the Criminal Law Act 1977 " substitute

section 32 of the Magistrates' Courts Act 1980.

Consumer Safety Act 1978 (c. 38)

172In section 9(4) of the Consumer Safety Act 1978, in the definition of " the statutory maximum", for " section 28 of the Criminal Law Act 1977 " substitute

section 32 of the Magistrates' Courts Act 1980.

173In section 11(g) of the Consumer Safety Act 1978 for "the Criminal Law Act 1977 " substitute

the Magistrates' Courts Act 1980.

Employment Protection (Consolidation,) Act 1978 (c. 44)

174In section 104(10)(a) of the Employment Protection (Consolidation) Act 1978 for " section 28 of the Criminal Law Act 1977 " substitute

section 32 of the Magistrates' Courts Act 1980

and for " section 61 of that Act" substitute

section 143 of that Act.

175In section 107(5)(a) of the Employment Protection (Consolidation) Act 1978 for " section 28 of the Criminal Law Act 1977 " substitute

section 32 of the Magistrates' Courts Act 1980

and for " section 61 of that Act" substitute

section 143 of that Act.

Customs and Excise Management Act 1979 (c. 2)

176In section 147(2) of the Customs and Excise Management Act 1979 for " section 25(3) of the Criminal Law Act 1977 " substitute

section 25(3) of the Magistrates' Courts Act 1980.

177In section 151 of the Customs and Excise Management Act 1979. for "section 114 of the Magistrates' Courts Act 1952" substitute

section 139 of the Magistrates' Courts Act 1980.

178In section 171(2)(a) of the Customs and Excise Management Act 1979 for " section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 61(1) of that Act)

substitutesection 32 of the Magistrates' Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that Act) ".

Customs and Excise Duties {General Reliefs) Act 1979 (c. 3)

179In section 15(3)(a) of the Customs and Excise Duties (General Reliefs) Act 1979 for " section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 61(1) of that Act)

substitutesection 32 of the Magistrates' Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that Act)".

Alcoholic Liquor Duties Act 1979 (c. 4)

180In section 4(1) of the Alcoholic Liquor Duties Act 1979, in the definition of " the prescribed sum ", for " section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 61(1) of that Act)

substitutesection 32 of the Magistrates' Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that Act)".

Hydrocarbon Oil Duties Act 1979 (c. 5)

181In section 27(1) of the Hydrocarbon Oil Duties Act 1979, in the definition of " the prescribed sum ", for " section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 61(1) of that Act)

substitutesection 32 of the Magistrates' Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that Act) ".

Agricultural Statistics Act 1979 (c. 13)

182In section 6(1) of the Agricultural Statistics Act 1979, in the definition of " the prescribed sum ", for " section 28 of the Criminal Law Act 1977 (£1,000 or other sum substituted by order under section 61(1) of that Act)

substitutesection 32 of the Magistrates' Courts Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that Act) ".

Credit Unions Act 1979 (c. 34)

183In section 31(1) of the Credit Unions Act 1979, in the definition of " statutory maximum ", for " section 28 of the Criminal Law Act 1977 " substitute

section 32 of the Magistrates' Courts Act 1980..

Banking Act 1979 (c. 37)

184In section 50(1) of the Banking Act 1979, in the definition of " statutory maximum", for " section 28 of the Criminal Law Act 1977 " substitute

section 32 of the Magistrates' Courts Act 1980

and for " the provisions of the Criminal Law Act 1977 " substitute

the provisions of the Magistrates' Courts Act 1980.

Estate Agents Act 1979 (c. 38)

185In section 33(1) of the Estate Agents Act 1979, in the definition of "the statutory maximum", for "section 28 of the Criminal Law Act 1977 " substitute

section 32 of the Magistrates' Courts Act 1980

and for " the provisions of the Criminal Law Act 1977" substitute

the provisions of the Magistrates' Courts Act 1980.

Merchant Shipping Act 1979 (c. 39)

186In section 42(4) of the Merchant Shipping Act 1979 for "Section 18 of the Criminal Law Act 1977" substitute

Section 127(2) to (4) of the Magistrates' Courts Act 1980.

187In section 43(5) of the Merchant Shipping Act 1979 for " subsection (1) of section 61 of the Criminal Law Act 1977 " substitute

subsection (1) of section 143 of the Magistrates' Courts Act 1980

and for " section 28 of that Act" substitute

section 32 of that Act.

Weights and Measures Act 1979 (c. 45)

188In section 12(3) of the Weights and Measures Act 1979 for " section 28 of the Criminal Law Act 1977 " substitute

section 32 of the Magistrates' Courts Act 1980.

189In paragraph 8 of Schedule 6 to the Weights and Measures Act 1979 for " the Criminal Law Act 1977 " substitute

the Magistrates' Courts Act 1980.

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

190In section 61(1) of the Ancient Monuments and Archaeological Areas Act 1979, in the definition of " the statutory maximum ", for " section 28 of the Criminal Law Act 1977 (that is to say, £1,000 or another sum fixed by order under section 61 of that Act" substitute

section 32 of the Magistrates' Courts Act 1980 (that is to say, £1,000 or another sum fixed by order under section 143 of that Act.

Justices of the Peace Act 1979 (c. 55)

191In section 16 of the Justices of the Peace Act 1979—

(a)in subsection (1) for " the Magistrates' Courts Act 1952" substitute

the Magistrates' Courts Act 1980;

(b)in subsection (5) for " section 56 of the Magistrates' Courts Act 1952 " substitute

section 65 of the Magistrates' Courts Act 1980.

192In section 18(4) of the Justices of the Peace Act 1979 for " section 15 of the Justices of the Peace Act 1949" substitute

section 144 of the Magistrates' Courts Act 1980.

193In section 27(8) of the Justices of the Peace Act 1979 for " section 15 of the Justices of the Peace Act 1949" substitute

section 144 of the Magistrates' Courts Act 1980.

194In section 28(1) of the Justices of the Peace Act 1979 for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

195In section 29(3) of the Justices of the Peace Act 1979 for " section 52 of the Magistrates' Courts Act 1952 " substitute

section 59 of the Magistrates' Courts Act 1980

and for " section 53A of that Act" substitute

section 62 of that Act.

196In section 30(2) of the Justices of the Peace Act 1979 for " section 15 of the Justices of the Peace Act 1949 " substitute

section 144 of the Magistrates' Courts Act 1980.

197In section 61(1) of the Justices of the Peace Act 1979 for " paragraphs (a) and (b) of section 114(1) of the Magistrates' Courts Act 1952" substitute

paragraphs (a) and (b) of section 139 of the Magistrates' Courts Act 1980.

Isle of Man Act 1979 (c.58)

198In section 5 of the Isle of Man Act 1979—

(a)in subsection (2)(a) for " section 77 of the Magistrates' Courts Act 1952" substitute

section 97 of the Magistrates' Courts Act 1980;

(b)in subsection (3)(a) for " sections 2 and 9 of the Criminal Justice Act 1967" substitute

section 9 of the Criminal Justice Act 1967 and section 102 of the Magistrates' Courts Act 1980

and for " section 2 " substitute

section 102.

Child Care Act 1980 (c.5)

199In section 48(1) of the Child Care Act 1980 for " section 53 of the Magistrates' Courts Act 1952 " substitute

section 60 of the Magistrates' Courts Act 1980.

200In section 49(4)(a) of the Child Care Act 1980 for " section 53 of the Magistrates' Courts Act 1952 " substitute

section 60 of the Magistrates' Courts Act 1980.

Foster Children Act 1980 (c.6)

201In section 16(4) of the Foster Children Act 1980 for " section 104 of the Magistrates' Courts Act 1952 " substitute

section 127(1) of the Magistrates' Courts Act 1980.

Residential Homes Act 1980 (c. 7)

202In section 4(2) of the Residential Homes Act 1980 for " the Magistrates' Courts Act 1952" substitute

the Magistrates' Courts Act 1980.

Reserve Forces Act 1980 (c. 9)

203In section 144(2)(a) of the Reserve Forces Act 1980 for " section 28 of the Criminal Law Act 1977 " substitute

section 32 of the Magistrates' Courts Act 1980.

204In paragraph 2(4) of Schedule 5 to the Reserve Forces Act 1980 for " the Magistrates' Courts Act 1952 " substitute

the Magistrates' Courts Act 1980.

Protection of Trading Interests Act 1980 (c. 11)

205In section 3(5) of the Protection of Trading Interests Act 1980 for " section 28 of the Criminal Law Act 1977 " substitute

section 32 of the Magistrates' Courts Act 1980

and for " the said Act of 1977 " substitute

the said Act of 1980.

Competition Act 1980 (c. 21)

206In section 19(7) of the Competition Act 1980 for " section 28 of the Criminal Law Act 1977 " substitute

section 32 of the Magistrates' Courts Act 1980

and for "the provisions of the Criminal Law Act 1977 " substitute

the provisions of the Magistrates' Courts Act 1980.

Companies Act 1980 (c.22)

207In section 87(1) of the Companies Act 1980, in the definition of " the statutory maximum ", for " section 28 of the Criminal Law Act 1977" substitute

section 32 of the Magistrates' Courts Act 1980

and for " section 61 of that Act" substitute

section 143 of that Act..

Schedule 8Transitional Provisions and Savings

Interpretation

1In this Schedule references to the old enactments are to enactments repealed or amended by this Act and references to the appointed day are to the day on which this Act comes into force.

Proceedings commenced before appointed day

2(1)Where proceedings were commenced before the appointed day, the old enactments relating to the proceedings continue to apply and nothing in this Act affects those enactments.

(2)Without prejudice to the generality of sub-paragraph (1) above, the old enactments relating to proceedings which continue in force by virtue of it include any provision of those enactments which creates an offence, which relates to civil or criminal procedure, which relates to the punishment for an offence, or which relates to enforcing, appealing against, questioning, varying or rescinding anything ordered or done in the proceedings.

Offences committed before appointed day

3(1)This paragraph applies where proceedings are commenced under this Act in relation to an offence committed before the appointed day.

(2)Nothing in this Act renders a person liable to punishment by way of fine or imprisonment for the offence which differs from the punishment to which he would have been liable if this Act had not been passed and proceedings for the offence had been commenced under the old enactments.

(3)Nothing in this Act renders a person liable to pay compensation under a compensation order in respect of the offence which differs from the compensation he would have been liable to pay if this Act had not been passed and proceedings for the offence had been commenced under the old enactments.

(4)The provisions of this Act corresponding to the old enactments relating to punishment and compensation are to be construed accordingly.

Other matters: general

4Paragraphs 5 and 6 below have effect subject to paragraphs 2 and 3 above.

5Without prejudice to any express amendment made by this Act, a reference in an enactment or other document, whether express or implied, to an enactment repealed by this Act shall, unless the context otherwise requires, be construed as, or as including, a reference to this Act or to the corresponding provision of this Act.

6Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of it had been in force when that period began to run.

Saving for transitional in orders

7(1)This paragraph applies where any provision of an old enactment—

(a)was brought into force by order which made transitional provision in connection with the provision brought into force, or

(6)fell to be brought into force by order which could have made transitional provision in connection with the provision brought into force, if this Act had not been passed.

(2)In that case, an order under section 155(7) of this Act may make corresponding transitional provision in connection with any provision of this Act corresponding to that of the old enactment.

Savings of amendments

8Notwithstanding the repeal by this Act of the Magistrates' Courts Act 1952, the amendments made in other enactments (" the amended enactments ") by that Act shall, to the extent that they had effect immediately before the coming into force of this Act, continue to have effect subject to any amendment of any of the amended enactments by this Act.

Savings for Local Government Act 1972

9The provisions of this Act shall have effect without prejudice to the exercise of any power conferred by section 67 of the Local Government Act 1972 (consequential and transitional arrangements relating to Part IV), section 252 of that Act (general power to adapt Acts and instruments) or section 254 of that Act (consequential and supplementary provision); and any such power which, if this Act had not been passed, would have been exercisable in relation to an enactment repealed by this Act shall be exercisable in the like manner and to the like extent in relation to the corresponding provision (if any) of this Act.

Scottish saving

10(1)This paragraph applies to Schedule 7B to the Criminal Procedure (Scotland) Act 1975, which was inserted by paragraph 12 of Schedule 11 to the Criminal Law Act 1977 and takes the same form as Schedule 5 to that Act (subject to certain modifications specified in that paragraph).

(2)Schedule 7B is not affected by—

(a)the repeal by Schedule 9 to this Act of paragraph 1(2)(a) and (b) of Schedule 5 ;

(b)the amendments made to paragraph 1 of Schedule 5 by Schedule 7 to this Act.

Schedule 9Repeals

ChapterShort titleExtent of repeal
12, 13 & 14 Geo. 6. c. 101.Justices of the Peace Act 1949.Section 15(1), (2), (3), (7), (8) and (9).
15 & 16 Geo. 6 & 1 Eliz. 2. c. 55.Magistrates' Courts Act 1952.The whole Act.
5 & 6 Eliz. 2. c. 29.Magistrates' Courts Act 1957.The whole Act.
6 & 7 Eliz. 2. c. 39.Maintenance Orders Act 1958.Section 16. Section 20(6).
7 & 8 Eliz. 2. c. 72.Mental Health Act 1959.In Schedule 7, in Part I, the entry relating to the Magistrates' Courts Act 1952.
7 & 8 Eliz. 2. c. 73.Legitimacy Act 1959.Section 5(2).
9 & 10 Eliz. 2. c. 39.Criminal Justice Act 1961.

In section 1(5) the words " and subsections (2) and (3) of section twenty-eight of the Magistrates' Courts Act 1952 ".

Section 8(3).

In section 41(4), the words " section twenty-eight of the Magistrates' Courts Act 1952".

In Schedule 4, the entries relating to sections 28 and 126 of the Magistrates' Courts Act 1952.

In Schedule 6, the text of the Magistrates' Courts Act 1952, section 28.

1963 c. 37.Children and Young Persons Act 1963.Section 27.
1964 c. 42.Administration of Justice Act 1964.

Section 11.

In Schedule 3, paragraphs 20(2) and 22(3) and (5).

1965 c. 69.Criminal Procedure (Attendance of Witnesses) Act 1965.In Schedule 2, in Part I, the entry relating to the Magistrates' Courts Act 1952.
1967 c. 80.Criminal Justice Act 1967.

Sections 1 to 6. Section 19.

In section 20, the words " or section 28 or 29 of the Magistrates' Courts Act 1952 (committal for sentence)".

Section 24.

Section 26.

Sections 28 to 30.

In section 33, the words from the beginning to " that section and ".

1967 c. 80— cont.Criminal Justice Act 1967 —cont.

In section 36(1), the definitions of " broadcast " and " publish ".

Sections 44, 44A and 45.

In section 50, the words from

the beginning to " Part of that

Act". Section 56(4).

In section 89(1), the words

" 2 or ". In section 90(1) the words " an

order under section 44(8) or ". Section 94.

In section 106(2)(6), the figure " 3 ".

In Schedule 6, paragraphs 9 to 13 and 17 to 20.

1968 c. 69.Justices of the Peace Act 1968.In Schedule 3, paragraph 8.
1969 c. 54.Children and Young Persons Act 1969.

Section 6. Section 10(3). Section 61.

In Schedule 4, paragraph 4.

1970 c. 31.Administration of Justice Act 1970.

Section 12.

In section 28(1), the definitions of " the Act of 1952 " and " magistrates' court maintenance order ".

Section 30(1) and (2) as respects section 12.

Section 41(6).

Section 42.

Section 50.

In section 51, subsection (1), and in subsection (3) the definition of " the Act of 1952 ".

1971 c. 23.Courts Act 1971.

Section 7(1).

In Schedule 8, paragraph 34, in paragraph 48(b) in the words " 56(4)(6) " the word " (4) ", and paragraph 52.

In Schedule 9, in Part I, the entry relating to the Magistrates' Courts Act 1952.

1972 c. 18.Maintenance Orders (Reciprocal Enforcement) Act 1972.Section 22(2)(6).
1972 c. 70.Local Government Act 1972.In Schedule 27, paragraph 16.
972 c. 71.Criminal Justice Act 1972.

Section 41. Sections 44 and 45. Section 50.

In Schedule 5, the entries relating to the Magistrates' Courts Act 1952 and the entry relating to section 6(1) of the Children and Young Persons Act 1969.

1973 c. 14.Costs in Criminal Cases Act 1973.In Schedule 1, paragraph 1.
1973 c. 29.Guardianship Act 1973.Section 9(2)(A).
1973 c. 38.Social Security Act 1973.In Schedule 27, in paragraph 85, the words " and 12(2)(6)" and " (in each place) ".
1973 c. 62.Powers of Criminal Courts Act 1973.

Section 35(5).

In Schedule 5, paragraphs 4, 5, 7, 16 and 34.

1974 c. 4.Legal Aid Act 1974.In Schedule 4, paragraph 3.
1975 c. 21.Criminal Procedure (Scotland) Act 1975.

Section 326(2).

In section 463(1)(6), the words " 326(2)".

1976 c. 63.Bail Act 1976.In Schedule 2, paragraphs 14 to 29 and 35.
1977 c. 45.Criminal Law Act 1977.

Section 14.

In section 15, in subsection (1), paragraph (b) and the word " and " immediately preceding it, and, in subsection (3), paragraph (a).

Section 16.

Sections 18 to 27.

In section 28, subsections (1) to (7) and in subsection (8) the words from " and subsection (2) above " to the end.

Section 29.

Section 30(4).

Section 32(2).

Sections 34 and 35.

In section 36, subsections (2) to (8) and in subsection (9) the definitions of " guardian " and " the statutory restrictions upon the imprisonment of young offenders ".

Sections 41 and 42.

Section 45.

In section 58, subsections (1), (4) and (6).

Sections 59 to 61.

In section 63(2), in the entry relating to section 65(4) and Schedule 12 so far as they relate to the Criminal Justice Act 1967, the words " 3 and ".

In section 65(10)(e) the words from " and the provisions " to " all such places (except Scotland)".

Schedule 2.

Schedule 3.

Schedule 4.

In Schedule 5, paragraph 1(2)(a)

and (b). In Schedule 7, paragraph 1. Schedule 8.

1977 c. 45— cont.Criminal Law Act 1977 —cont.

In Schedule 12, the entries relating to the Magistrates' Courts Act 1952, the entries relating to sections 3, 24, 44(5) and 44A of the Criminal Justice Act 1967, and paragraphs 2 and 3 of the entries relating to the Criminal Justice Act 1972.

In Schedule 14, paragraph 2, in paragraph 3(1) the words " or 2 ", paragraph 4, and in paragraph 5 the words " (other than section 29 or any provision mentioned in paragraph 4 above)".

1978 c. 22.Domestic Proceedings and Magistrates' Courts Act 1978.

Sections 75 to 85.

In Schedule 1, in paragraph 5

the words "or in any of

sections 79 to 82 ", paragraph

6 and paragraph 7. In Schedule 2, paragraphs 15

and 21.

1978 c. 37.Protection of Children Act 1978.Section 2(2).
1979 c. 55.Justices of the Peace Act 1979.In Schedule 2, paragraphs 7 to 9 and paragraph 14.
1980 c. 5.Child Care Act 1980.In Schedule 5, paragraph 5.
1980 c. 11.Protection of Trading Interests Act 1980.In section 8(5), the words from " together with " to the end.

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