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42(1)Section 97 of the 1980 Act (summons to witness) shall be amended as follows.
(2)In subsection (1)—
(a)the words from “at an inquiry” to “be) or” shall be omitted; and
(b)for the words “such a court” there shall be substituted the words “a magistrates' court for that county, that London commission area or the City (as the case may be)”.
(3)After subsection (1) there shall be inserted the following subsection—
“(1A)Where a magistrates' court is proceeding with a view to transferring proceedings against an accused for an offence to the Crown Court for trial, subsection (1) above shall apply in relation to evidence or a document or thing material to the offence subject to the following modifications—
(a)no summons shall be issued by a justice of the peace after the expiry of the period within which a notice of the prosecution case under section 5 above must be served or the service of the notice of the prosecution case, if sooner; and
(b)the summons shall require the person to whom it is directed to attend before the justice issuing it or another justice for that county, that London commission area or the City of London (as the case may be) to have his evidence taken as a deposition or to produce any document or thing.”.
(4)In subsection (2)—
(a)after the words “subsection (1)” there shall be inserted the words “or (1A)”; and
(b)after the word “court” there shall be inserted the words “or justice, as the case may be,”.
(5)In subsection (2A), after the words “subsection (1)” there shall be inserted the words “or (1A)”.
(6)In subsections (3) and (4), after the words “a magistrates' court” or “the court” wherever they occur there shall be inserted the words “or justice, as the case may be,”.
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