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Access to Justice Act 1999

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This is the original version (as it was originally enacted).

Section 90.

SCHEDULE 13Functions transferred to justices' chief executives

This schedule has no associated Explanatory Notes

The London Hackney Carriages Act 1843 (c. 86)

1In section 24 of the London Hackney Carriages Act 1843 (application for summons), for “clerk of” substitute “justices' chief executive for”.

The Evidence Act 1851 (c. 99)

2(1)Section 13 of the Evidence Act 1851 (proof of previous conviction by copy of record certified by clerk) is amended as follows.

(2)Number the existing provision as subsection (1) and for the words from “under the hand” to “such clerk or other officer,” substitute “by the proper officer of the court where such conviction or acquittal took place”.

(3)After that subsection insert—

(2)In subsection (1) “proper officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.

The Criminal Procedure Act 1865 (c. 18)

3(1)Section 6 of the Criminal Procedure Act 1865 (proof of previous conviction of witness by certificate signed by clerk) is amended as follows.

(2)Number the existing provision as subsection (1) and for the words from “the clerk” to “such clerk or officer,” substitute “the proper officer of the court where the offender was convicted”.

(3)After that subsection insert—

(2)In subsection (1) “proper officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.

The Prevention of Crimes Act 1871 (c. 112)

4(1)Section 18 of the Prevention of Crimes Act 1871 (evidence of previous conviction by record signed by clerk) is amended as follows.

(2)For the words from “clerk of the court” to “such clerk or officer;” substitute “proper officer of the court by which such conviction was made;”.

(3)For “clerk or other officer” substitute “proper officer”.

(4)At the end of that section insert—

  • In this section “proper officer” means—

    (a)

    in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

    (b)

    in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.

The Fairs Act 1873 (c. 37)

5In section 6 of the Fairs Act 1873 (alteration of fair day on representation of justices), for “clerk to the justices acting in and for” substitute “justices' chief executive for”.

The Public Health Acts Amendment Act 1907 (c. 53)

6In section 94(7) of the Public Health Acts Amendment Act 1907 (licensing of pleasure boats), for “clerk” substitute “justices' chief executive for the court”.

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

7(1)Section 4 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (power of magistrates' courts to confirm maintenance orders made in certain Commonwealth countries) is amended as follows (but that section as modified in relation to Northern Ireland by section 11 of that Act is not so amended).

(2)In subsection (5B) (powers of court), for—

(a)“the clerk of the court or the clerk of any other magistrates' court”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute “a justices' chief executive”.

(3)In subsection (6A) (application of section 60 of the [1980 c. 43.] Magistrates' Courts Act 1980)—

(a)in paragraph (b), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for “the clerk of the court, or to the clerk of any other magistrates' court,” substitute “a justices' chief executive”, and

(b)in paragraph (c) (words to be regarded as replaced in subsection (5) of that section), for “clerk”” substitute “justices' chief executive for the court””.

The Children and Young Persons Act 1933 (c. 12)

8The Children and Young Persons Act 1933 has effect subject to the following amendments.

9In section 42(2)(b) (transmission of deposition of child), for “clerk” substitute “proper officer”.

10In section 45 (constitution of youth courts), number the existing provision as subsection (1) and insert—

(2)The justices' chief executive appointed by a magistrates' courts committee is the justices' chief executive for every youth court for their area.

11. In—

(a)section 46(1A) (notification of guilty plea),

(b)section 56(3) (remission of case to youth court), and

(c)section 106(2) (certification of copy of order),

for “clerk of” substitute “justices' chief executive for”.

The Maintenance Orders Act 1950 (c. 37)

12Part II of the Maintenance Orders Act 1950 (enforcement of certain maintenance orders made in another part of the United Kingdom) has effect subject to the following amendments.

13(1)Section 18 (enforcement of registered orders) is amended as follows.

(2)In subsection (2ZA) (application of section 76 of the [1980 c. 43.] Magistrates' Courts Act 1980), in the subsection to be regarded as substituted as subsection (5) of that section, for—

(a)“the clerk of the court or the clerk of any other magistrates' court”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute “a justices' chief executive”.

(3)In subsection (2A) (requirement of person liable under order to notify change of address to clerk of the court), for “clerk” substitute “proper officer”.

(4)After that subsection insert—

(2B)In subsection (2A) of this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and

(b)in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.

14(1)Section 22 (discharge and variation of registered orders) is amended as follows.

(2)In subsection (1B) (powers of court), for—

(a)“the clerk of the court or the clerk of any other magistrates' court in England and Wales”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,”,

substitute “a justices' chief executive”.

(3)In subsection (1E) (application of section 60 of the [1980 c. 43.] Magistrates' Courts Act 1980)—

(a)in paragraph (a), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for “the clerk of the court, or to the clerk of any other magistrates' court,” substitute “a justices' chief executive”, and

(b)in paragraph (b) (words to be regarded as replaced in subsection (5) of that section), for “clerk”” substitute “justices' chief executive for the court””.

15In section 24(5A)(b) (order requiring payment to the clerk of a magistrates' court to cease to have effect on cancellation of registration of order), for “the clerk of a magistrates' court in England and Wales” substitute “a justices' chief executive”.

The Army Act 1955 (c. 18)

16The Army Act 1955 has effect subject to the following amendments.

17(1)Section 189 (delivery into military custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.

(2)In subsection (1) (fee payable to clerk of the court), for “clerk” substitute “proper officer”.

(3)After subsection (3) insert—

(3A)In subsection (1) of this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and

(b)in relation to a court of summary jurisdiction elsewhere, the clerk of the court.

18(1)Section 199 (proof of outcome of civil trial) is amended as follows.

(2)In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for “clerk” substitute “proper officer”.

(3)For subsection (4) substitute—

(4)In this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and

(b)in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.

The Air Force Act 1955 (c. 19)

19The Air Force Act 1955 has effect subject to the following amendments.

20(1)Section 189 (delivery into air-force custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.

(2)In subsection (1) (fee payable to clerk of the court), for “clerk” substitute “proper officer”.

(3)After subsection (3) insert—

(3A)In subsection (1) of this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and

(b)in relation to a court of summary jurisdiction elsewhere, the clerk of the court.

21(1)Section 199 (proof of outcome of civil trial) is amended as follows.

(2)In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for “clerk” substitute “proper officer”.

(3)For subsection (4) substitute—

(4)In this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and

(b)in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.

The Naval Discipline Act 1957 (c. 53)

22The Naval Discipline Act 1957 has effect subject to the following amendments.

23(1)Section 110 (delivery into naval custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.

(2)In subsection (2) (fee payable to clerk of the court), for “clerk” substitute “proper officer”.

(3)After subsection (2) insert—

(2A)In subsection (2) of this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and

(b)in relation to a court of summary jurisdiction elsewhere, the clerk of the court.

24(1)Section 129B (proof of outcome of civil trial) is amended as follows.

(2)In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for “clerk” substitute “proper officer”.

(3)For subsection (4) substitute—

(4)In this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and

(b)in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.

The Maintenance Orders Act 1958 (c. 39)

25The Maintenance Orders Act 1958 has effect subject to the following amendments.

26(1)Section 2 (registration of orders) is amended as follows.

(2)In subsection (2)(b) (procedure on application for registration of order), for “clerk of” substitute “justices' chief executive for”.

(3)In subsection (5) (registration of orders), for “or clerk of” substitute “of, or justices' chief executive for,”.

(4)In subsection (6) (effect on magistrates' court order of registration in the High Court), for “the clerk of a magistrates' court” (in both places) substitute “a justices' chief executive”.

(5)In subsection (6ZA)(b) (effect on High Court order or county court order of registration in magistrates' court), for “the clerk of the court or the clerk of any other magistrates' court” substitute “a justices' chief executive”.

(6)In subsection (6ZC) (payments under order becoming or ceasing to be payable to clerk of a magistrates' court), for “the clerk of a magistrates' court” substitute “a justices' chief executive”.

27In section 3(3A) (requirement of person liable under order to notify change of address to clerk of the court), for “clerk of” substitute “justices' chief executive for”.

28(1)Section 4(5B) (application of section 60 of the [1980 c. 43.] Magistrates' Courts Act 1980) is amended as follows.

(2)In paragraph (a), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for “the clerk of the court, or to the clerk of any other magistrates' court,” substitute “a justices' chief executive”.

(3)In paragraph (b) (words to be regarded as replaced in subsection (5) of that section), for “clerk”” substitute “justices' chief executive for the court””.

(4)In paragraph (e), in the subsection (9) to be regarded as substituted for subsections (9) and (10) of that section, for—

(a)“the clerk of the court or the clerk of any other magistrates' court”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute “a justices' chief executive”.

29(1)Section 5 (cancellation of registration) is amended as follows.

(2)In subsection (5) (cancellation of registration of High Court or county court order), for “the clerk of a magistrates' court” (in both places) substitute “a justices' chief executive”.

(3)In subsection (6)(b) (cancellation of registration of magistrates' court order), for “clerk of” substitute “justices' chief executive for”.

30In section 18 (powers of magistrates to review committals), for “clerk of” (in each place) substitute “justices' chief executive for”.

31In section 20(1) (clerk of magistrates' court entitled to receive payments for transmission to another)—

(a)for “the clerk of a magistrates' court” substitute “a justices' chief executive”, and

(b)for “the clerk is” substitute “a justices' chief executive is”.

The Betting, Gaming and Lotteries Act 1963 (c. 2)

32The Betting, Gaming and Lotteries Act 1963 has effect subject to the following amendments.

33(1)Section 10A (cancellation of betting office licence) is amended as follows.

(2)In subsection (4) (notification of cancellation)—

(a)for “clerk of” substitute “proper officer of”, and

(b)for “clerk to” (in both places) substitute “proper officer of”.

(3)After that subsection insert—

(5)In subsection (4)—

  • “the proper officer of the authority” has the same meaning as in Schedule 1; and

  • “the proper officer of the court” means—

    (a)

    in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

    (b)

    in relation to a court of summary jurisdiction in Scotland, the clerk of the court.

34(1)Section 11 (cancellation of and disqualification for bookmaker’s permit or betting agency permit) is amended as follows.

(2)In subsection (5) (notification of cancellation)—

(a)for “clerk of” substitute “proper officer of”, and

(b)for “clerk to” (in both places) substitute “proper officer of”.

(3)After that subsection insert—

(6)In subsection (5)—

  • “the proper officer of the authority” has the same meaning as in Schedule 1; and

  • “the proper officer of the court” means—

    (a)

    in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

    (b)

    in relation to any other court, the clerk of the court.

35(1)Schedule 1 (bookmaker’s permits, betting agency permits and betting offices licences) is amended as follows.

(2)In paragraph 2 (interpretation), for the definition of “clerk to the appropriate authority” substitute—

“the proper officer of the appropriate authority” means—

(a)in England, the chief executive to the justices comprising the committee referred to in paragraph 1 of this Schedule; and

(b)in Scotland, the clerk to the licensing court;.

(3)In paragraphs 5 and 6 (applications for grant of permit or licence), for “clerk to” substitute “proper officer of”.

(4)In paragraph 7 (notification of meeting to consider application)—

(a)for “clerk to”, in both places, substitute “proper officer of”, and

(b)for “clerk”, in the remaining four places, substitute “proper officer”.

(5)In paragraph 8 (applications for renewal of permit or licence), for “clerk to” (in each place) substitute “proper officer of”.

(6)In paragraph 9 (person to whom application to be made)—

(a)for “clerk to” (in both places) substitute “proper officer of”, and

(b)in paragraph (a), for “clerk” substitute “proper officer”.

(7)In paragraph 11(b) (receipt of objections), for “clerk to” substitute “proper officer of”.

(8)In paragraph 12 (procedure where objection received), for “clerk” substitute “proper officer”.

(9)In paragraph 20 (grant or renewal of permit or licence)—

(a)in sub-paragraph (1), for “clerk to” substitute “proper officer of”, and

(b)in sub-paragraph (2), for “clerk to” substitute “proper officer of”.

(10)In paragraph 20A (clerk to act on unopposed applications for renewal)—

(a)in sub-paragraph (1), for “clerk to” substitute “proper officer of” and for “clerk may” substitute “clerk to the authority may”, and

(b)after sub-paragraph (4) insert—

(5)For the purposes of this paragraph, the clerk to the appropriate authority, where the authority is a committee of the justices acting for a petty sessions area, is the clerk to those justices or, if there are two or more clerks to those justices—

(a)such one of those clerks as the magistrates' courts committee having power over the appointment of clerks to justices for that area may direct; or

(b)in default of any such direction, any of those clerks.

(11)In—

(a)paragraph 21(1), (2) and (4)(b) (appeals),

(b)paragraph 25 (notification of change in directors),

(c)paragraphs 26 (in both places) and 27(1) (cancellation of bookmaker’s permit),

(d)paragraphs 28A(1)(a) and (2), 28B(2) and (3) and 28C(1) and (2) (cancellation of betting office licence),

(e)paragraph 34 (registers), and

(f)paragraphs 36 and 37(1) (provision of information),

for “clerk to” substitute “proper officer of”.

The Licensing Act 1964 (c. 26)

36The Licensing Act 1964 has effect subject to the following amendments.

37. In—

(a)section 8A(2) (approval of prospective licensee),

(b)section 9A(2) (grant of interim authority), and

(c)section 19(1) and (2) (requirement for structural alterations),

for “clerk” substitute “chief executive”.

38(1)Section 20 (consent for alteration of premises) is amended as follows.

(2)In subsection (2) (plans to be deposited with clerk), for “clerk” substitute “chief executive”.

(3)In subsection (4) (notice of order forfeiting licence or directing restoration of premises)—

(a)for “clerk of” substitute “justices' chief executive for”, and

(b)for “clerk to” (in each place) substitute “chief executive to”.

39In section 20A(3) (revocation of justices' licences), for “clerk” substitute “chief executive”.

40(1)Section 22 (procedural provisions as to appeals) is amended as follows.

(2)In subsections (1) and (2) (notice to be given to clerk), for “clerk” substitute “chief executive”.

(3)In subsection (4) (clerk to send notice of appeal to Crown Court), for “clerk to” substitute “chief executive to”.

(4)In subsection (5) (recording by clerk of persons opposing grant), for “clerk” substitute “chief executive”.

41In section 27(4)(c)(ii) (notice for renewal of licence given to clerk), for “clerk” substitute “chief executive”.

42(1)Section 28 (clerk to licensing justices) is amended as follows.

(2)In the heading and in the sidenote, after “clerk” insert “and chief executive”.

(3)After subsection (4) insert—

(5)The justices' chief executive for a petty sessions area shall be chief executive to the licensing justices for the licensing district consisting of that area.

43In section 30 (register of licences), in—

(a)subsection (1) (clerk to keep register), and

(b)subsection (4) (certification of entry by clerk),

for “clerk” substitute “chief executive”.

44(1)Section 31 (matters to be entered in register) is amended as follows.

(2)In subsection (1) (notice of conviction to be entered in register)—

(a)for “clerk”, in the first place, substitute “chief executive”,

(b)for “clerk of” substitute “justices' chief executive for”,

(c)for “clerk”, in the third place, substitute “chief executive”, and

(d)for “that clerk” substitute “him”.

(3)In subsection (2), for “clerk” substitute “chief executive”.

45In section 32(1) and (2) (persons with interest in property to be registered), for “clerk” substitute “chief executive”.

46In section 33 (notice of conviction of licence holder to be served on registered owner), in—

(a)subsection (1) (clerk to serve notice), and

(b)subsection (2) (provisions about service) (in both places),

for “clerk” substitute “chief executive”.

47In section 34(3) (refusal of inspection of register), for “clerk” substitute “chief executive”.

48In section 46(2) (notice to fire authority of application for registration certificate), for “clerk” substitute “chief executive”.

49(1)Section 51 (register of clubs) is amended as follows.

(2)In subsection (1) (clerk to keep register), for “clerk” substitute “chief executive”.

(3)In subsection (2) (particulars to be registered), for “clerk” substitute “chief executive”.

(4)In subsection (4) (notice of change of particulars), for “clerk” substitute “chief executive”.

50. In—

(a)section 62(3) (permitted hours in clubs),

(b)section 75(2) and (3) (application for exemption order) (in each place),

(c)section 87A(5) (permitted hours in vineyard premises),

(d)sections 133(1) and 142(1) (restoration of suspended licence),

(e)sections 150(3) and (4)(a), 151(6), 153A(3) and 154(1)(b) (canteen licences),

(f)section 180(3) and (4) (occasional licences) (in each place), and

(g)section 199(c) (saving relating to theatres),

for “clerk” substitute “chief executive”.

51In Schedule 2 (applications for justices' licences), in—

(a)paragraph 1(a) (notice to clerk),

(b)paragraph 3 (deposition of plan), and

(c)paragraph 6 (list of applicants),

for “clerk” substitute “chief executive”.

52(1)Schedule 6 (applications and complaints relating to registration certificates) is amended as follows.

(2)In paragraphs 1(1) and (3) and 2 (procedure on making of application), for “clerk” substitute “chief executive”.

(3)In paragraph 4 (copies of application)—

(a)for “clerk to” substitute “chief executive to”,

(b)for “clerk is” substitute “chief executive is”, and

(c)for “clerk needs” substitute “chief executive needs”.

(4)In paragraphs 6(1) and 7 (objections), for “clerk” substitute “chief executive”.

53In Schedule 8A (procedure for making, varying or revoking restriction orders), in—

(a)paragraph 1(1) (notice of application to licensing justices), and

(b)paragraph 4(2) (notice of application to magistrates' court),

for “clerk” substitute “chief executive”.

54In paragraph 7 of Schedule 11 (clerk to licensing planning committee)—

(a)for “clerk”, in the first place, substitute “chief executive”, and

(b)for “districts, the clerk to the licensing justices”, substitute “districts for which there are different chief executives, the chief executive”.

55In Schedule 12 (canteen licences), in paragraphs 1(1)(a) and 3, for “clerk” substitute “chief executive”.

56In Schedule 12A (children’s certificates), in—

(a)paragraphs 1(1) and 2(1) (applications), and

(b)paragraphs 7(3)(a) and 8(a) (duration),

for “clerk” substitute “chief executive”.

The Gaming Act 1968 (c. 65)

57The Gaming Act 1968 has effect subject to the following amendments.

58(1)Schedule 2 (grant etc. of licences) is amended as follows.

(2)In paragraph 1(1) (licensing authority), at the end insert “and references to the proper officer of a licensing authority shall be construed accordingly”.

(3)In paragraphs 5(2) and 6(2) (procedure for application), for “clerk to” substitute “proper officer of”.

(4)In paragraph 7 (public notice of application)—

(a)in sub-paragraph (1), for “clerk to” substitute “proper officer of”,

(b)in sub-paragraph (2), for “clerk to” substitute “proper officer of” and for “if the clerk” substitute “if the proper officer”, and

(c)in sub-paragraphs (3) and (4), for “clerk to” substitute “proper officer of”.

(5)In paragraph 12(1) (making of application for renewal), for “clerk to” substitute “proper officer of”.

(6)In paragraph 13 (notification of application for renewal)—

(a)in sub-paragraphs (2) and (3), for “clerk to” substitute “proper officer of”,

(b)in sub-paragraph (4), for “clerk to” substitute “proper officer of” and for “clerk”, in the other two places, substitute “proper officer”, and

(c)in sub-paragraph (5), for “clerk to” substitute “proper officer of”.

(7)In paragraph 14(2)(a) (proceedings on application for grant or renewal), for “clerk to” substitute “proper officer of”.

(8)In paragraph 15 (objections)—

(a)for “clerk to” substitute “proper officer of”, and

(b)in paragraph (b), for “clerk” substitute “proper officer”.

(9)In—

(a)paragraph 28 (notification of Board’s advice),

(b)paragraph 29(1) (in both places) and (2) (appeal by applicant),

(c)paragraph 31(1) and (2) (appeal by Board),

(d)paragraph 33(1) (appeal in Scotland),

(e)paragraph 35(5) (revocation of certificate of consent), and

(f)paragraphs 36(1) and (3) and 37 (cancellation),

for “clerk to” substitute “proper officer of”.

(10)In paragraph 46(1) (notice of appeal), for “clerk” substitute “proper officer”.

(11)In paragraph 48 (cancellation of licence where holder convicted of offence)—

(a)in sub-paragraph (4), for “clerk of” and for “clerk to” (in both places) substitute “proper officer of”, and

(b)after that sub-paragraph insert—

(5)In sub-paragraph (4) of this paragraph, “the proper officer of the court” means—

(a)in relation to a magistrates' court, the justices' chief executive for the court, and

(b)in relation to any other court, the clerk of the court.

(12)In paragraphs 57(4) and 58(1) (transfer of licence), for “clerk to” substitute “proper officer of”.

(13)In paragraph 63 (fees)—

(a)in sub-paragraph (1), for “clerk to” substitute “proper officer of”, and

(b)in sub-paragraph (2), for “clerk to” substitute “proper officer of”.

(14)In paragraphs 64(1) and 65(1) and (2) (notification of corporate changes), for “clerk to” substitute “proper officer of”.

59(1)Schedule 3 (registration of members' clubs in England and Wales) is amended as follows.

(2)In—

(a)paragraph 12(1) (appeal by applicant),

(b)paragraph 13(1) (appeal by Board), and

(c)paragraphs 15(1) (in both places) and 16(1) (cancellation),

for “clerk” substitute “chief executive”.

(3)In paragraph 17 (cancellation pursuant to conviction)—

(a)in sub-paragraph (3), for “clerk of” substitute “proper officer of” and for “clerk to” (in both places) substitute “chief executive to”, and

(b)after that sub-paragraph insert—

(4)In sub-paragraph (3) of this paragraph the “proper officer of the court” means—

(a)in relation to a magistrates' court, the justices' chief executive for the court, and

(b)in relation to the Crown Court, the appropriate officer of the court.

(4)In—

(a)paragraph 23 (fees), and

(b)paragraph 24(1) and (2) (relinquishment of registration),

for “clerk” substitute “chief executive”.

60In Schedule 7 (registration for gaming by means of machines), in—

(a)paragraph 3(1) (application for registration),

(b)paragraph 4(1) (application for renewal of registration),

(c)paragraph 11(1) (in both places) and (2) (appeal),

(d)paragraphs 13(1), 14 and 20(1) (cancellation of registration),

(e)paragraph 24 (fees), and

(f)paragraph 25(1) and (2) (relinquishment of registration),

for “clerk” substitute “chief executive”.

61(1)Schedule 9 (permits under section 34) is amended as follows.

(2)In paragraph 11(2) and (3) (appeals), for “clerk to” substitute “proper officer of”.

(3)In paragraph 21 (fees), for “clerk” substitute “proper officer”.

(4)After paragraph 23 insert—

24For the purposes of this Schedule the proper officer of an appropriate authority is—

(a)where the appropriate authority is the licensing justices for a licensing district in England and Wales, the chief executive to the justices, and

(b)in any other case, the clerk to the authority.

The Late Night Refreshment Houses Act 1969 (c. 53)

62In section 6(2) of the Late Night Refreshment Houses Act 1969 (licensing authority to give to clerk to justices a copy of register of late night refreshment houses in the area), for the words from “to the clerk” to the end substitute “a copy of or extract from the list or register to the justices' chief executive for any petty sessions area falling wholly or partly within their area.”

The Children and Young Persons Act 1969 (c. 54)

63In the Children and Young Persons Act 1969, in—

(a)section 18(3) (copies of, or of variation or discharge of, supervision order) (in both places), and

(b)section 19(5) and (10) (copies of supervision arrangements),

for “clerk to the justices” substitute “justices' chief executive”.

The Attachment of Earnings Act 1971 (c. 32)

64The Attachment of Earnings Act 1971 has effect subject to the following amendments.

65In section 3(1)(c) (persons who may apply for an attachment of earnings order), for “the clerk of a magistrates' court, the clerk of that court” substitute “a justices' chief executive, that justices' chief executive”.

66In section 6(7)(c) (clerk to be collecting officer in case of order made by a magistrates' court), for “clerk either of that court or of” substitute “justices' chief executive for that court or for”.

67In section 17(3)(d) (power to require court officer to deal with payments under consolidated attachment order as directed by court or rules), for “clerk or registrar” substitute “officer”.

68(1)Section 18 (certain action not to be taken by collecting officer except on request) is amended as follows.

(2)In subsection (1) (clerk of magistrates' court not to make certain applications unless requested by person entitled to receive payments), for “The clerk of a magistrates' court” substitute “A justices' chief executive”.

(3)In subsections (2) and (3) (effect of request), for “the clerk” substitute “a justices' chief executive”.

69In section 21(2)(a)(ii) (costs due to clerk of magistrates' court), for “clerk of” substitute “justices' chief executive for”.

The Immigration Act 1971 (c. 77)

70(1)Schedule 2 to the Immigration Act 1971 (administrative provisions) is amended as follows.

(2)In sub-paragraph (1) of paragraph 23, in paragraph (b) (particulars of recognizance to be given to clerk), for “clerk” substitute “proper officer”.

(3)After that sub-paragraph insert—

(1A)In sub-paragraph (1) “proper officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.

(4)In sub-paragraph (3) of paragraph 31 (particulars of forfeited recognizance to be given to clerk), for “clerk” substitute “proper officer”.

(5)After that sub-paragraph insert—

(3A)In sub-paragraph (3) “proper officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.

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

71The Maintenance Orders (Reciprocal Enforcement) Act 1972 has effect subject to the following amendments.

72In section 7(5B) (powers of magistrates' court on confirming provisional order made in reciprocating country), for—

(a)“the clerk of the court or the clerk of any other magistrates' court in England and Wales”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,”,

substitute “a justices' chief executive”.

73(1)Section 8 (enforcement of maintenance order registered in United Kingdom court) is amended as follows.

(2)In subsection (3) (requirement of person liable under order to notify change of address to clerk of the court), for “clerk” substitute “appropriate officer”.

(3)After that subsection insert—

(3A)In subsection (3) above “appropriate officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)in relation to a court elsewhere, the clerk of the court.

(4)In subsection (4A) (application of section 76 of the [1980 c. 43.] Magistrates' Courts Act 1980), in the subsection to be regarded as substituted as subsection (5) of that section, for—

(a)“the clerk of the court or the clerk of any other magistrates' court”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute “a justices' chief executive”.

74(1)Section 9(1ZA) (application of section 60 of the [1980 c. 43.] Magistrates' Courts Act 1980) is amended as follows.

(2)In paragraph (a), in the subsection (3A) to be regarded as inserted in that section, for—

(a)“the clerk of the court or the clerk of any other magistrates' court,”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute “a justices' chief executive”.

(3)In paragraph (b), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for “the clerk of the court, or to the clerk of any other magistrates' court,” substitute “a justices' chief executive”.

(4)In paragraph (c) (words to be regarded as replaced in subsection (5) of that section), for “clerk”” substitute “justices' chief executive for the court””.

75(1)Section 23 (maintenance orders registered in High Court under Maintenance Orders (Facilities for [1920 c. 33.] Enforcement) Act 1920) is amended as follows.

(2)In subsections (2), (3) and (4) (procedure), for “clerk” substitute “appropriate officer”.

(3)After subsection (5) insert—

(6)In this section “appropriate officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)in relation to a magistrates' court in Northern Ireland, the clerk of the court.

76In section 26 (application for recovery of maintenance in convention country), for subsections (6) and (7) substitute—

(6)The appropriate officer for the purposes of this section is—

(a)where the applicant is residing in England and Wales, the justices' chief executive for the petty sessions area;

(b)where the applicant is residing in Northern Ireland, the clerk of the court for the petty sessions district; and

(c)where the applicant is residing in Scotland, the sheriff clerk or sheriff clerk depute of the sheriff court within the jurisdiction of which the applicant is residing.

77In section 27B (sending application to the appropriate magistrates' court), for “clerk of” (in each place) substitute “justices' chief executive for”.

78(1)Section 27C (application for recovery of maintenance in England and Wales) is amended as follows.

(2)In subsection (4) (powers of court), for—

(a)“the clerk of the court or the clerk of any other magistrates' court in England and Wales,”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,”,

substitute “a justices' chief executive”.

(3)In subsection (7) (registration of order), for “clerk of” substitute “justices' chief executive for”.

79(1)Section 32 (transfer of orders) is amended as follows.

(2)In subsection (2) (transmission of copy of order)—

(a)for “the clerk” (in both places) substitute “the appropriate officer”, and

(b)for “that clerk” substitute “the appropriate officer”.

(3)After that subsection insert—

(2A)In subsection (2) above the “appropriate officer” means—

(a)in relation to a court in England and Wales, the justices' chief executive for the court; and

(b)in relation to a court in Northern Ireland, the clerk of the court.

80In section 34(3) (application from abroad to vary a registered order), for “the clerk of that court” substitute

(a)the justices' chief executive for the court, if the court is in England and Wales; or

(b)the clerk of the court, if the court is in Northern Ireland.

81(1)Section 34A (variation of orders by magistrates' courts) is amended as follows.

(2)In subsection (3) (powers of magistrates' courts), for—

(a)“the clerk of the court or the clerk of any other magistrates' court in England and Wales”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,”,

substitute “a justices' chief executive”.

(3)In subsection (4)(b) (application for variation), for “the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,” substitute “a justices' chief executive”.

The Matrimonial Causes Act 1973 (c. 18)

82(1)Section 38 of the Matrimonial Causes Act 1973 (orders for repayment of sums paid after cessation of order by reason of marriage) is amended as follows.

(2)In subsection (6) (protection for clerk)—

(a)for “The clerk of a magistrates' court” substitute “A justices' chief executive”, and

(b)for “the clerk” substitute “the justices' chief executive”.

(3)In subsection (7) (definition of “collecting officer”), for “the clerk of a magistrates' court” substitute “a justices' chief executive”.

The Powers of Criminal Courts Act 1973 (c. 62)

83The Powers of Criminal Courts Act 1973 has effect subject to the following amendments.

84In section 1B(5)(b) (memorandum of conviction in magistrates' court), for “clerk of the court” substitute “justices' chief executive”.

85In section 26(5) and (7) (suspended sentence supervision orders), for “clerk to the justices” substitute “justices' chief executive”.

The Salmon and Freshwater Fisheries Act 1975 (c. 51)

86(1)Schedule 4 to the Salmon and Freshwater Fisheries Act 1975 (procedure relating to offences) is amended as follows.

(2)In paragraphs 10 and 12 (delivery of licence and certificate of conviction), for “clerk” substitute “proper officer”.

(3)After paragraph 13 insert—

14In paragraphs 10 and 12 above “proper officer” means—

(a)in relation to a magistrates' court, the justices' chief executive for the court; and

(b)in relation to the Crown Court, the appropriate officer.

The Lotteries and Amusements Act 1976 (c. 32)

87(1)Schedule 3 to the Lotteries and Amusements Act 1976 (permits for commercial provision of amusements with prizes) is amended as follows.

(2)In paragraph 1(2) (interpretation), at the end insert and

“the proper officer of the appropriate authority” means—

(a)where the appropriate authority is the licensing justices for a licensing district in England and Wales, the chief executive to the justices; and

(b)in any other case, the clerk to the authority.

(3)In paragraph 8(2) and (3) (appeals), for “clerk to” substitute “proper officer of”.

(4)In paragraph 18 (fees), for “clerk” substitute “proper officer”.

The Adoption Act 1976 (c. 36)

88In section 58A(3) of the Adoption Act 1976 (duty of clerk of a magistrates' court to send to Secretary of State particulars about proceedings relating to children), for “clerk of” substitute “justices' chief executive for”.

The Bail Act 1976 (c. 63)

89In section 6(9)(c)(i) of the Bail Act 1976 (certification of copy of court record by justices' clerk), for the words from “clerk” to the end substitute “chief executive”.

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

90The Domestic Proceedings and Magistrates' Courts Act 1978 has effect subject to the following amendments.

91In section 20ZA(3) (variation of orders for periodical payments to provide that payments shall be made to the court clerk), for “to the clerk” substitute “to the justices' chief executive for the court”.

92In section 32(2) (enforcement of orders for payment of money), for “the clerk of a magistrates' court” substitute “a justices' chief executive”.

93(1)Section 35 (orders for repayment of sums paid after cessation of order by reason of marriage) is amended as follows.

(2)In subsection (7) (protection for clerk)—

(a)for “The clerk of a magistrates' court” substitute “A justices' chief executive”, and

(b)for “the clerk” substitute “the justices' chief executive”.

(3)In subsection (8) (definition of “collecting officer”), for “clerk of a magistrates' court” substitute “justices' chief executive”.

The Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

94(1)Section 4 of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (supplemental) is amended as follows.

(2)In subsection (3) (copy of exclusion order to be sent to licensee of relevant premises), for the words from “clerk” to “may be,” substitute “proper officer of the court”.

(3)After that subsection insert—

(4)For the purposes of subsection (3) above—

(a)the proper officer of a magistrates' court in England and Wales is the justices' chief executive for the court;

(b)the proper officer of the Crown Court is the appropriate officer; and

(c)the proper officer of a court in Scotland is the clerk of the court.

The Magistrates' Courts Act 1980 (c. 43)

95The Magistrates' Courts Act 1980 has effect subject to the following amendments.

96In section 6(5) (clerk to display details of cases committed for trial), for “clerk of” substitute “justices' chief executive for”.

97In section 12 (non-appearance of accused: plea of guilty), in subsections (1)(b), (4) (in both places) and (6) (in both places), for “clerk of” substitute “justices' chief executive for”.

98(1)Section 14 (avoidance of certain proceedings) is amended as follows.

(2)In subsection (1)(b) (service of declaration), for “clerk to the justices” substitute “justices' chief executive for the court”.

(3)In subsection (2) (deemed service), for “clerk to the justices” substitute “justices' chief executive”.

99(1)Section 59 (orders for periodical payment: means of payment) is amended as follows.

(2)In subsection (3)(b) (power of the court to order payment to clerk), for “the clerk of the court or to the clerk of any other magistrates' court” substitute “a justices' chief executive”.

(3)In subsection (8) (power to specify method of payment to a clerk), for “the clerk of a magistrates' court” substitute “a justices' chief executive”.

100(1)Section 59A (orders for periodical payments: proceedings by clerk) is amended as follows.

(2)In subsection (1) (proceedings by clerk where payment not made)—

(a)for “the clerk of a magistrates' court” substitute “a justices' chief executive”,

(b)for “the clerk of the relevant court” substitute “the relevant justices' chief executive”, and

(c)for “to the clerk” substitute “to that justices' chief executive”.

(3)In subsection (2) (authority to clerk to act under subsection (3))—

(a)for “the clerk of a magistrates' court” substitute “a justices' chief executive”, and

(b)for “the clerk of the relevant court for the clerk” substitute “the relevant justices' chief executive for him”.

(4)In subsection (3) (proceedings by clerk), for “the clerk of the relevant court, the clerk” substitute “the relevant justices' chief executive, he”.

(5)In subsection (4) (cessation of authority)—

(a)for “the clerk of a relevant court” substitute “a justices' chief executive”,

(b)for “clerk cancelling” substitute “justices' chief executive cancelling”, and

(c)for “clerk shall” substitute “justices' chief executive shall”.

(6)In subsection (7) (interpretation), for the definition of “the relevant court” substitute—

“the relevant justices' chief executive”, in relation to an order, means—

(a)in a case where payments under the order are required to be made to or through a justices' chief executive, that justices' chief executive;

(b)in a case where such payments are required to be made by any method of payment falling within section 59(6) above and the order was made by a magistrates' court, the justices' chief executive for that magistrates' court; and

(c)in a case where such payments are required to be made by any method of payment falling within section 59(6) above and the order was not made by a magistrates' court, the justices' chief executive for the magistrates' court in which the order is registered;.

(7)In the sidenote, for “clerk” substitute “justices' chief executive”.

101In section 60(5) (variation of order to provide that payments be made to magistrates' clerk), for “to the clerk” substitute “to the justices' chief executive for the court”.

102In section 61(1)(b) (rules about apportionment of sums paid to clerk between two or more orders)—

(a)for “clerk to a magistrates' court” substitute “justices' chief executive”, and

(b)for “that clerk” substitute “that justices' chief executive”.

103In section 62(1)(ii) (proceedings by clerk for sums payable to child), for “clerk of” substitute “justices' chief executive for”.

104In section 82(5A) (clerk to serve notice of hearing to consider issue of warrant of commitment for default in paying fine), for “clerk of” substitute “justices' chief executive for”.

105(1)Section 87 (enforcement of payment of fines by High Court and county court) is amended as follows.

(2)In subsection (1) (enforcement as if sum due to magistrates' clerk in pursuance of High Court or county court order), for “clerk of” substitute “justices' chief executive for”.

(3)In subsection (3) (clerk not to take proceedings unless authorised by court after inquiry), for “clerk of the magistrates' court” substitute “justices' chief executive”.

(4)In subsection (4) (expenses of clerk in recovering sum to be treated as expenses of magistrates' courts committee), for “the clerk of a magistrates' court” substitute “a justices' chief executive”.

106(1)Section 87A (fines imposed on companies) is amended as follows.

(2)In subsection (1) (power of court to apply for administration order or winding up), for “clerk of” substitute “justices' chief executive for”.

(3)In subsection (2) (expenses of clerk to be treated as expenses of magistrates' courts committee), for “the clerk of a magistrates' court” substitute “a justices' chief executive”.

107In section 89(2) (transfer of fine order: functions of clerk exercisable by clerk of court specified in order), for “clerk of” (in both places) substitute “justices' chief executive for”.

108In section 90(3) (functions of clerk in relation to payment of fine to cease to be exercisable on making of order for payment to be enforceable in Scotland or Northern Ireland), for “clerk of” substitute “justices' chief executive for”.

109In section 91(1) (functions of clerk in relation to payment of fine imposed in Scotland or Northern Ireland on making of order for payment to be enforceable in England and Wales), for “clerk of” substitute “justices' chief executive for”.

110In section 95(3) (instalments: powers of the court in relation to non-English maintenance orders), for—

(a)“the clerk of the court or the clerk of any other magistrates' court”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute “a justices' chief executive”.

111In section 97A(9), (10) and (11) (summons or warrant as to committal proceedings), for “clerk of” substitute “chief executive to”.

112In section 99 (proof of non-payment of sum adjudged)—

(a)for “clerk of a magistrates' court” substitute “justices' chief executive”, and

(b)for “the clerk” (in both places) substitute “the justices' chief executive”.

113In section 114 (payment to clerk of fees and recognizances on case stated), for “him the fees payable for the case and for the recognizances” substitute “the fees payable for the case and for the recognizances to the justices' chief executive for the court”.

114(1)Section 137 (fees) is amended as follows.

(2)In subsection (1) (fees chargeable by clerks limited by Part I of Schedule 6), for “clerks of magistrates' courts” substitute “justices' chief executives”.

(3)In subsection (2) (no fee chargeable by clerk in respect of matters specified in Part II of Schedule 6), for “clerk of a magistrates' court” substitute “justices' chief executive”.

115In section 139 (application by clerk of money received on account of sum adjudged to be paid by summary conviction), for “clerk of a magistrates' court” substitute “justices' chief executive”.

116In section 144(1) (rules about procedure and practice to be followed in magistrates' courts and by justices' clerks), insert at the end “and justices' chief executives.”

117In Schedule 6 (fees), in the heading to Part I (fees to be taken by clerks), for “CLERKS TO JUSTICES” substitute “JUSTICES' CHIEF EXECUTIVES”.

The Highways Act 1980 (c. 66)

118In section 47(6) of the Highways Act 1980 (notification by clerk as to decision of justices who view allegedly unnecessary highway), for “clerk” substitute “chief executive”.

The Betting and Gaming Duties Act 1981 (c. 63)

119The Betting and Gaming Duties Act 1981 has effect subject to the following amendments.

120(1)Paragraph 15 of Schedule 1 (enforcement of betting duty) is amended as follows.

(2)In sub-paragraph (4) (notification of forfeiture and cancellation of betting office licence)—

(a)for “clerk of” substitute “proper officer of”, and

(b)for the words from “clerk to”, in the first place, to “clerk to”, in the second place, substitute “proper officer of the appropriate authority who last either granted or renewed the licence, send a copy of the order to the proper officer of”.

(3)After that sub-paragraph insert—

(4A)In sub-paragraph (4) above—

  • “proper officer of the court” means—

    (a)

    in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

    (b)

    in relation to any other court, the clerk of the court, and

  • “appropriate authority” and “proper officer of the appropriate authority” have the same meaning as in Schedule 1 to the [1963 c. 2.] Betting, Gaming and Lotteries Act 1963.

121(1)Paragraph 15 of Schedule 4 (register of permits) is amended as follows.

(2)In sub-paragraph (1) (registers of permits etc.), for “clerk to” substitute “proper officer of”.

(3)After sub-paragraph (2) insert—

(3)In sub-paragraph (1) above “proper officer of the appropriate authority” means—

(a)where the appropriate authority is a committee of the justices acting for a petty sessions area, the chief executive to the justices; and

(b)in any other case, the clerk to the authority.

The Civil Jurisdiction and Judgments Act 1982 (c. 27)

122(1)Section 5 of the [1980 c. 43.] Civil Jurisdiction and Judgments Act 1982 (recognition and enforcement of maintenance orders) is amended as follows.

(2)In subsection (5B) (application of section 76 of the Magistrates' Courts Act 1980), in the subsection to be regarded as substituted as subsection (5) of that section, for—

(a)“the clerk of the court or the clerk of any other magistrates' court,”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute “a justices' chief executive”.

(3)In subsection (7) (requirement of payer to notify change of address to clerk of the court), for “clerk” substitute “proper officer”.

(4)After that subsection insert—

(8)In subsection (7) “proper officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)in relation to a magistrates' court in Northern Ireland, the clerk of the court.

The Criminal Justice Act 1982 (c. 48)

123(1)Section 18 of the Criminal Justice Act 1982 (order discharging or varying an attendance centre order) is amended as follows.

(2)In subsection (8) (clerk to deliver copies of order), for “clerk to” substitute “proper officer of”.

(3)After subsection (9) insert—

(10)In subsection (8) above “proper officer” means—

(a)in relation to a magistrates' court, the justices' chief executive for the court; and

(b)in relation to the Crown Court, the appropriate officer.

The Licensing (Occasional Permissions) Act 1983 (c. 24)

124In section 2(2), (3), (4) and (5) of the Licensing (Occasional Permissions) Act 1983 (applications for occasional permissions), for “clerk” substitute “chief executive”.

The Police and Criminal Evidence Act 1984 (c. 60)

125The Police and Criminal Evidence Act 1984 has effect subject to the following amendments.

126In section 16(10) and (11) (warrants to be returned to and retained by clerk), for “clerk” substitute “chief executive”.

127In section 47(3A)(b) (date for appearance on granting of bail), for “clerk to the justices” substitute “justices' chief executive.”

128(1)Section 73 (proof of conviction) is amended as follows.

(2)In subsection (2) (certificate of conviction to be signed by clerk), for “clerk” (in each place) substitute “proper officer”.

(3)For subsection (3) substitute—

(3)In subsection (2) above “proper officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)in relation to any other court, the clerk of the court, his deputy or any other person having custody of the court record.

The Prosecution of Offences Act 1985 (c. 23)

129The Prosecution of Offences Act 1985 has effect subject to the following amendments.

130In section 7(4) (justices' clerk to send to Director of Public Prosecutions details of certain cases which do not proceed)—

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

(b)for “the magistrates' court to which he is clerk” substitute “a magistrates' court for which he is the justices' chief executive”.

131In section 23(3), (7) and (8) (discontinuance of proceedings by Director of Public Prosecutions), for “clerk of” substitute “justices' chief executive for”.

The Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)

132In section 4(6) of the Sporting Events (Control of Alcohol etc.) Act 1985 (power of justices' clerks to charge fees), for “clerks” substitute “chief executives”.

The Insolvency Act 1986 (c. 45)

133In sections 9(1) and 124(1) of the Insolvency Act 1986 (applications for administration order and winding up), for “the clerk of a magistrates' court” substitute “a justices' chief executive”.

The Public Order Act 1986 (c. 64)

134In section 34(1) and (2) of the Public Order Act 1986 (notification by clerk of making or termination of exclusion order), for “clerk of” substitute “justices' chief executive for”.

The Coroners Act 1988 (c. 13)

135In sections 16(1)(a) and 17(1) of the Coroners Act 1988 (coroner to adjourn inquest on being notified by clerk of proceedings relating to the death in question), for “clerk of” substitute “justices' chief executive for”.

The Criminal Justice Act 1988 (c. 33)

136The Criminal Justice Act 1988 has effect subject to the following amendments.

137In section 41(10) and (11)(a) (clerk of magistrates' court to be notified about outcome of certain proceedings in Crown Court and Court of Appeal), for “clerk of” substitute “justices' chief executive for”.

138In section 67(1) (clerk to be notified of fine imposed by coroner), for “clerk of” substitute “justices' chief executive for”.

139In section 81(3) to (9) (application of proceeds of realisation and other sums), for “justices' clerk” (in each place) substitute “justices' chief executive”.

The Road Traffic Offenders Act 1988 (c. 53)

140The Road Traffic Offenders Act 1988 has effect subject to the following amendments.

141(1)Section 7 (duty of accused to provide licence to clerk of court) is amended as follows.

(2)Number the existing provision as subsection (1) and, in paragraph (a) of that provision, for “clerk” substitute “proper officer”.

(3)After that provision insert—

(2)In subsection (1) above “proper officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court, and

(b)in relation to any other court, the clerk of the court.

142In sections 8(a) and 25(2)(a) (notification to clerk of date of birth and sex), for “to the clerk of a court in pursuance of section 12(2)” substitute “to a justices' chief executive in pursuance of section 12(4)”.

143(1)Section 26 (interim disqualification) is amended as follows.

(2)In subsection (7), in paragraph (b) (licence of person subject to interim disqualification to be sent to clerk), for “clerk” substitute “proper officer”.

(3)After that subsection insert—

(2)In subsection (7) above “proper officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court, and

(b)in relation to any other court, the clerk of the court.

144(1)Section 27 (production of licence) is amended as follows.

(2)In subsection (4) (exceptions), for “clerk” (in both places) substitute “proper officer”.

(3)After that subsection insert—

(5)In subsection (4) above “proper officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court, and

(b)in relation to any other court, the clerk of the court.

145(1)Section 34B (certificate of completion of course) is amended as follows.

(2)In subsections (1), (2) (in both places), (6) and (7), for “clerk” substitute “proper officer”.

(3)In subsection (9)—

(a)for “clerk of a court” substitute “proper officer of a court”, and

(b)for “clerk or” substitute “officer or”.

146In section 34C(2) (interpretation), after the definition of “petty sessions area” insert—

“proper officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court, and

(b)in relation to a sheriff court in Scotland, the clerk of the court;.

147In section 52(3)(c) (fixed penalty notice to specify justices' clerk to whom payment to be made), for “justices' clerk” substitute “justices' chief executive”.

148(1)Section 69 (payment of fixed penalty) is amended as follows.

(2)In subsection (1) (payment to be made to justices' clerk specified in notice), for “justices' clerk” substitute “justices' chief executive”.

(3)In subsection (4) (definition of “fixed penalty clerk”), after “references to the” insert “justices' chief executive or”.

149In section 70(4)(a) (registration certificate to be sent to clerk to justices where offender resides), for “clerk to the justices” substitute “justices' chief executive”.

150(1)Section 71 (registration of sums payable in default) is amended as follows.

(2)For subsections (1) and (2) substitute—

(1)Where, in England and Wales, a justices' chief executive receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default—

(a)if it appears to him that the defaulter resides in a petty sessions area for which he is the justices' chief executive, he must register that sum for enforcement as a fine in that area by entering it in the register of a magistrates' court acting for that area,

(b)if it appears to him that the defaulter resides in any other petty sessions area in England and Wales, he must send the certificate to the justices' chief executive for that area, or

(c)if it appears to him that the defaulter resides in Scotland, he must send the certificate to the clerk of the court of summary jurisdiction for the area in which the defaulter appears to him to reside.

(2)Where, in Scotland, the clerk of a court receives a registration certificate issued under section 70 of this Act in respect of any sum payable in default—

(a)if it appears to him that the defaulter resides in the area of the court, he must register that sum for enforcement as a fine by that court,

(b)if it appears to him that the defaulter resides in the area of any other court of summary jurisdiction in Scotland, he must send the certificate to the clerk of that court, or

(c)if it appears to him that the defaulter resides in England and Wales, he must send the certificate to the justices' chief executive for the petty sessions area in which the defaulter appears to him to reside.

(2A)Subsections (1) and (2) apply to executives and clerks who receive certificates pursuant to the provision they contain as they apply to the original recipients.

(3)In subsection (6) (notice to defaulter), for “clerk to the justices” substitute “justices' chief executive”.

151In sections 72(1) and (6) and 73(1)(b) and (7) (invalidity of registration notice), for “clerk” substitute “proper officer”.

152(1)Section 74 (supplementary) is amended as follows.

(2)In subsection (4) (service of statutory declaration), for “clerk” substitute “proper officer”.

(3)In subsection (5) (interpretation), for paragraph (b) substitute—

(b)references to the proper officer of the relevant court are—

(i)in the case of a magistrates' court, references to the justices' chief executive for that court, and

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

153In section 75(6) (definition of “fixed penalty clerk” for purposes of conditional offers)—

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

(b)for “that clerk” substitute “he”.

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

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

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

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

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

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

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

The Football Spectators Act 1989 (c. 37)

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

The Children Act 1989 (c. 41)

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

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

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

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

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

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

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

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

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

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

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

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

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

The Criminal Justice Act 1991 (c. 53)

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

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

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

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

(1A)In sub-paragraph (1) above “proper officer” means—

(a)in relation to a magistrates' court, the justices' chief executive for the court, and

(b)in relation to the Crown Court, the appropriate officer.

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

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

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

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

The Social Security Administration Act 1992 (c. 5)

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

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

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

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

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

The Pension Schemes Act 1993 (c. 48)

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

The Drug Trafficking Act 1994 (c. 37)

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

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

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

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

(3)After that sub-paragraph insert—

(3A)In sub-paragraph (3) “proper officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court, and

(b)in relation to any other court, the clerk of the court.

The Merchant Shipping Act 1995 (c. 21)

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

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

(3)After that subsection insert—

(4A)In subsection (1) above “proper officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court, and

(b)in relation to a magistrates' court in Northern Ireland, the clerk of the court.

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

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

The Reserve Forces Act 1996 (c. 14)

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

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

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

(3)After that sub-paragraph insert—

(3A)In sub-paragraph (3) “proper officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)in relation to any other court, the clerk of the court.

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

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

(3)For sub-paragraph (4) substitute—

(4)In this paragraph “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and

(b)in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.

The Crime and Disorder Act 1998 (c. 37)

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

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

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

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