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Access to Justice Act 1999

Status:

This is the original version (as it was originally enacted).

Section 106.

SCHEDULE 15Repeals and revocations

This schedule has no associated Explanatory Notes

Part ILegal Services Commission

ReferenceShort title or titleExtent of repeal or revocation
1967 c. 13.The Parliamentary Commissioner Act 1967.In Schedule 2, the entry relating to the Legal Aid Board.
1971 c. 32.The Attachment of Earnings Act 1971.In section 25(1), the definition of “legal aid contribution order”.
1973 c. 62.The Powers of Criminal Courts Act 1973.In section 21(2), the words from “, and in subsection” to the end.
1974 c. 47.The Solicitors Act 1974.In section 47, in subsection (2C), the words “excluding any person from legal aid work”, in subsection (2D), the words “from such work” and subsection (6).
1975 c. 24.The House of Commons Disqualification Act 1975.In Schedule 1, in Part III, the entries relating to the chairman of the Legal Aid Board and a member of the Legal Aid Board.
1975 c. 25.The Northern Ireland Assembly Disqualification Act 1975.In Schedule 1, in Part III, the entries relating to the chairman of the Legal Aid Board and a member of the Legal Aid Board.
1982 c. 48.The Criminal Justice Act 1982.In section 3(2), the words from “, and in subsection” to the end.
1985 c. 61.The Administration of Justice Act 1985.Section 41(3).

In section 42, in subsection (3), the words “from such work” and subsection (4)(b) and the preceding “and”.

Section 43(4).

Section 44(4).

1988 c. 34.The Legal Aid Act 1988.Sections 1 to 32.

Sections 34 to 43.

Section 45.

Section 46.

Schedules 1 to 3.

In Schedule 5, paragraphs 2, 3, 4, 5, 6(a), 7(a), 8, 9, 10, 12, 16, 18, 19(b) and the preceding “and”, 20, 21 and 22.

Schedules 6 to 8.

1989 c. 41.The Children Act 1989.Section 99.

In Schedule 12, paragraph 45.

In Schedule 14, paragraph 40.

S.I. 1989/549.The Civil Legal Aid (Matrimonial Proceedings) Regulations 1989.The whole instrument.
1990 c. 41.The Courts and Legal Services Act 1990.Section 59.

In Schedule 17, paragraph 19.

In Schedule 18, paragraphs 59 to 63.

1991 c. 53.The Criminal Justice Act 1991.In Schedule 6, paragraph 9.

In Schedule 11, paragraph 40(2)(q).

S.I. 1991/1924.The Legal Aid Act 1988 (Children Act 1989) Order 1991.The whole instrument.
S.I. 1991/1997.The Companies Act 1989 (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations 1991.In the Schedule, paragraph 69.
S.I. 1991/2036.The Civil Legal Aid (General) (Amendment) (No.2) Regulations 1991.Regulation 3.
1992 c. 6.The Social Security (Consequential Provisions) Act 1992.In Schedule 2, paragraph 97.
1992 c. 53.The Tribunals and Inquiries Act 1992.In Schedule 3, paragraph 21.
1993 c. 19.The Trade Union Reform and Employment Rights Act 1993.In Schedule 8, paragraph 39.
S.I. 1993/1354.The Civil Legal Aid (Scope) Regulations 1993.The whole instrument.
S.I. 1994/2768.The Legal Aid (Scope) Regulations 1994.Regulation 2.
1995 c. 35.The Criminal Appeal Act 1995.In Schedule 2, paragraph 17.
1996 c. 18.The Employment Rights Act 1996.In Schedule 1, paragraph 36.
1996 c. 25.The Criminal Procedure and Investigations Act 1996.Section 46(2).
1996 c. 27.The Family Law Act 1996.Section 23(9).

Part III.

In Schedule 8, in Part I, paragraph 39 and Part II.

1997 c. 25.The Justices of the Peace Act 1997.In Schedule 5, paragraph 24.
1998 c. 37.The Crime and Disorder Act 1998.Section 49(1)(j).

Section 50(5).

In Schedule 8, paragraph 67.

1999 c. 23.The Youth Justice and Criminal Evidence Act 1999.Section 40(2).

Part IIProvision of legal services

ChapterShort titleExtent of repeal
41 Geo. 3 c. 79.The Public Notaries Act 1801.Section 13.
6 & 7 Vict. c. 90.The Public Notaries Act 1843.Section 6.
1974 c. 47.The Solicitors Act 1974.In section 32(4), the words “to the Director of Public Prosecutions” and the words “, if the Director thinks fit,”.

In section 87(1), in the definition of “building society”, the words “; and a reference to an account with a building society is a reference to a deposit account”.

1975 c. 24.The House of Commons Disqualification Act 1975.In Schedule 1, in Part II, the entry relating to the Lord Chancellor’s Advisory Committee on Legal Education and Conduct.
1975 c. 25.The Northern Ireland Assembly Disqualification Act 1975.In Schedule 1, in Part II, the entry relating to the Lord Chancellor’s Advisory Committee on Legal Education and Conduct.
1981 c. 54.The Supreme Court Act 1981.Section 83.
1985 c. 23.The Prosecution of Offences Act 1985.Section 4(1) to (3E).
1985 c. 61.The Administration of Justice Act 1985.Section 9(2)(g).

Section 65.

In Schedule 2, in paragraph 3, the words “to the Director of Public Prosecutions” and the words “, if the Director thinks fit,” and, in paragraph 11(2), the words from the beginning to “those provisions,”.

1987 c. 38.The Criminal Justice Act 1987.Section 1(9) to (11).
1990 c. 41.The Courts and Legal Services Act 1990.

Sections 19 and 20 (and the heading preceding section 19).

Section 24(3).

Section 27, in subsection (2)(a)(ii), the words “the granting of” and subsections (3) and (6).

In section 28, in subsection (2)(a)(ii), the words “the granting of”, subsection (3) and, in subsection (5), in the definition of “authorised body”, the word “and” at the end of paragraph (a).

Section 57(11).

Section 67.

Section 71(7) and (8).

In section 113, in subsection (1), in the definition of “general notary”, paragraph (b) and the preceding “or” and, in subsection (10), paragraph (d) and the preceding “and”.

Section 123(1)(f) and (2)(e).

Schedules 1 and 2.

In Schedule 3—

in paragraph 3, in sub-paragraph (1) the words “with the approval of the Treasury” and, in sub-paragraph (2), the words “, with the consent of the Treasury,”,

in paragraph 4(2), the words “given with the consent of the Treasury”, and

in paragraph 9(3), the words “with the approval of the Treasury”.

In Schedule 18, paragraph 51.

In Schedule 19, paragraphs 2 and 3.

1996 c. 27.The Family Law Act 1996.In Schedule 8, paragraph 61.

Part IIIAppeals, courts, judges and court proceedings

ChapterShort titleExtent of repeal
23 Geo.5 c. 12.The Children and Young Persons Act 1933.In section 36, the proviso.
8 & 9 Eliz.2 c. 65.The Administration of Justice Act 1960.In section 13(2)(a), the words “a Divisional Court of”.

Section 14(1).

Section 15(2).

In the Second Schedule, in Part I, paragraph 2.

1981 c. 54.The Supreme Court Act 1981.Section 18(1A) and (1B).

Section 54(6), (7) and (10).

In Schedule 2, in Part II of the list, the entry 10 relating to the Registrar of Civil Appeals.

1984 c. 28.The County Courts Act 1984.In section 77, subsections (2) to (4) and, in subsection (8), the definition of “the relevant county court limit” and the preceding “and”.
1985 c. 61.The Administration of Justice Act 1985.In section 53, subsection (3) and, in subsection (6), the words “(except subsection (3))”.
1986 c. 45.The Insolvency Act 1986.In section 375(2), the words “, with the leave of the judge or of the Court of Appeal,”.
1990 c. 41.The Courts and Legal Services Act 1990.Section 7(3) and (4).

Section 42(3).

1993 c. 50.The Statute Law (Repeals) Act 1993.In Schedule 2, paragraph 9.
1996 c. 25.The Criminal Procedure and Investigations Act 1996.Section 13(1)(cc).
1997 c. 12.The Civil Procedure Act 1997.In Schedule 2, paragraph 1(2).
1998 c. 37.The Crime and Disorder Act 1998.In Schedule 3, in paragraph 1(1), the words “on or before the relevant date”.

In Schedule 8, paragraph 127(a).

Part IVEnforcement of community orders

ChapterShort titleExtent of repeal
1991 c. 53.The Criminal Justice Act 1991.In Schedule 2, paragraph 7(6) and, in paragraph 8A—

in sub-paragraph (3), the words “and the probation order was made by a magistrates' court”,

sub-paragraphs (4) and (5), and

in sub-paragraph (6), in the words treated as substituted in section 1A(1) of the Powers of Criminal Courts Act 1973, the words “or (5)”.

1998 c. 37.The Crime and Disorder Act 1998.In Schedule 4, paragraphs 3 and 7(1).

Part VMagistrates and magistrates' courts

(1)

Areas

ReferenceShort title or titleExtent of repeal or revocation
6 & 7 Vict. c. 86.The London Hackney Carriages Act 1843.In section 24, the words from “, or, if he shall dwell” to “the said city,”, the words “or justice” and the words “, or to some justice as aforesaid,”.
16 & 17 Vict. c. 33.The London Hackney Carriage Act 1853.In section 18, the words from “or if the offence,”, in the second place, to the end.
31 & 32 Vict. c. 72.The Promissory Oaths Act 1868.In the Second Part of the Schedule, the words “for counties and boroughs”.
50 & 51 Vict. c. 55.The Sheriffs Act 1887.In section 38, the words from “(within” to “1997)”.
60 & 61 Vict. c. 26.The Metropolitan Police Courts Act 1897.Section 7(1).
10 & 11 Geo.5 c. 33.The Maintenance Orders (Facilities for Enforcement) Act 1920.In section 3(4), the words from “(within” to “1997)”.
23 Geo.5 c. 12.The Children and Young Persons Act 1933.Section 48(5).

In the Second Schedule, in Part I, paragraph 8A.

2 & 3 Geo.6 c. xcvii.The London Building Acts (Amendment) Act 1939.In section 151(1)(bb), the word “the” immediately preceding “magistrates' courts”, the words from “in the inner” to “London)” and the words “in that area”.
11 & 12 Geo.6 c. 29.The National Assistance Act 1948.In section 43(4), the words from “(within” to “1997)”.
12, 13 & 14 Geo.6 c. 76.The Marriage Act 1949.In section 3(5), the words from “(within” to “1997)”.
14 & 15 Geo.6 c. 65.The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.In Part II of Schedule 2, paragraph 5(b) and, in paragraph 6(b), in the third column, the words from “and where” to the end.
7 & 8 Eliz.2 c. 7.The Manœuvres Act 1958.In section 9, the definition of “petty sessions area”.
1964 c. 26.The Licensing Act 1964.In section 2, in subsection (1), the words from “, within” to the end and subsection (2A).
1964 c. 42.The Administration of Justice Act 1964.In section 12(1), the words from the beginning to “reference to the inner London area,”.

In section 38(1), the definition beginning “London commission areas”.

In Schedule 3, paragraph 29.

1969 c. 54.The Children and Young Persons Act 1969.In section 70(1), in the definition of “petty sessions area”, the words “has the same meaning as in the Magistrates' Courts Act 1980, except that” and the word “it”.
1973 c. 18.The Matrimonial Causes Act 1973.In section 35(3), the words from “(within” to “1997)”.
1974 c. 47.The Solicitors Act 1974.Section 38(4).
1978 c. 22.The Domestic Proceedings and Magistrates' Courts Act 1978.In section 88(1), the definitions of “commission area” and “petty sessions area”.
1980 c. 43.The Magistrates' Court Act 1980.In section 52, the second sentence.

In section 67, in subsection (4), the second sentence and subsection (8).

In section 150(1), the definitions of “commission area”, “London commission area” and “petty sessions area”.

In Schedule 7, paragraphs 27 and 85.

1980 c. 66.The Highways Act 1980.In section 329(1), the definition of “petty sessions area”.
1984 c. 37.The Child Abduction Act 1984.In the Schedule, in paragraph 5(b), the words from “(within” to “1997)”.
S.I. 1985/1383.The Local Government (Magistrates' Courts etc.) Order 1985.In the Schedule, paragraphs 1 and 2.
1988 c. 52.The Road Traffic Act 1988.In section 192(1), the definition of “petty sessions area”.
1988 c. 53.The Road Traffic Offenders Act 1988.In section 34C(2), the definition of “petty sessions area”.

In section 89(1), the definition of “petty sessions area”, apart from the word “and” at the end.

1989 c. 41.The Children Act 1989.In Schedule 1, in paragraph 10(6), the words from “(within” to “1997)”.

In Schedule 11, in paragraph 8(d), the words “and (8)”.

1990 c. 18.The Computer Misuse Act 1990.Section 11(6).
1992 c. 19.The Local Government Act 1992.In section 19(2)(d)(i), the words from “(within” to “1997)”.
1993 c. 47.The Probation Service Act 1993.In Schedule 1, paragraph 6(4).
1994 c. 19.The Local Government (Wales) Act 1994.In section 55(2)(a), the words from “(within” to “1997)”.
1994 c. 29.The Police and Magistrates' Courts Act 1994.In Schedule 8, paragraph 35.
S.I. 1996/674.The Local Government Changes for England (Magistrates' Courts) Regulations 1996.In the Schedule, paragraphs 2(1), (3) and (7) and 5.
S.I. 1996/675.The Magistrates' Courts (Wales) (Consequences of Local Government Changes) Order 1996.In Part II of the Schedule, paragraph 7.
1997 c. 25.The Justices of the Peace Act 1997.Section 5(2)(b) and the preceding “and”.

In section 7(3), the words from “(whether” to “acting Chief Magistrate)”.

Section 21 (and the preceding heading).

Section 23.

In section 25, in subsection (1), the words “, other than the City of London,” and subsection (3).

In section 34(1)(a)(ii) and (3)(c), the words “any existing petty sessional division in”.

Sections 35 and 36.

Section 68(2).

In section 70, in subsection (1), the words from the beginning to “above,”, the words “or to county justices” and the words “or justices for the City” and, in subsection (2), the words “or to justices or magistrates for a county or non-metropolitan county” and the words “or to justices or magistrates for the City”.

Section 71.

In section 72, in subsection (1), the definition of “commission area”, the definition of “London commission areas”, “inner London area” and “outer London areas” and the definitions of “petty sessions areas”, “preserved county” and “retained county”, and subsection (2).

Schedules 1 and 2.

In Schedule 4, paragraph 6.

In Schedule 5, paragraphs 1 to 8, 14, 16(b) and the preceding “and”, 18, 19(3)(a) and (b) and (5), 20, 27, 28, 30, 31, 34 and 35.

(2)

Constitution of youth courts

ChapterShort titleExtent of repeal
23 Geo.5 c. 12.The Children and Young Persons Act 1933.In the Second Schedule, in Part I, the headings “Outside Metropolitan Area” and “Youth court panels”, paragraph 1 and, in paragraph 10(a), the words “(except where the committee’s area is a borough)” and Part II.
1964 c. 42.The Administration of Justice Act 1964.Section 12.
1969 c. 54.The Children and Young Persons Act 1969.In section 70(1), the definition of “petty sessions area”.
1980 c. 54.The Magistrates' Courts Act 1980.In section 146, in subsection (4), the words from “with respect to the making” to the end and subsection (5).
1985 c. 61.The Administration of Justice Act 1985.Section 61.
1991 c. 53.The Criminal Justice Act 1991.In Schedule 11, paragraph 40(2)(f) and (p).
1998 c. 37.The Crime and Disorder Act 1998.Section 48.
1999 c. 22.The Access to Justice Act 1999.In Schedule 10, paragraphs 16(2) and (4) and 35.

(3)

Unification and renaming of stipendiary bench

ChapterShort titleExtent of repeal
3 & 4 Vict. c. 84.The Metropolitan Courts Act 1840.Section 6.
16 & 17 Vict. c. 33.The London Hackney Carriage Act 1853.In section 18, the words from “or if the offence,”, in the second place, to “for the county;”.
33 & 34 Vict. c. 78.The Tramways Act 1870.In section 3, the words from “The term “two justices”” to the end.
34 & 35 Vict. c. 78.The Regulation of Railways Act 1871.In section 2, the words “metropolitan police magistrate,”.
35 & 36 Vict. c. 50.The Railway Rolling Stock Protection Act 1872.In section 2, the words “metropolitan police magistrate,”.
46 & 47 Vict. c. 3.The Explosive Substances Act 1883.In section 6(1), the words “police court, or”.
57 & 58 Vict. c. 2.The Behring Sea Award Act 1894.Section 519 of the Merchant Shipping Act 1854 set out in the Second Schedule.
8 Edw.7 c. 53.The Law of Distress Amendment Act 1908.In section 4, in the proviso, the words from “a stipendiary magistrate” to “magistrate for”.
1964 c. 42.The Administration of Justice Act 1964.In section 38(1), the definition of “stipendiary magistrates”.

In Schedule 3, in Part I, paragraphs 2 to 4.

1980 c. 43.The Magistrates' Courts Act 1980.Section 67(7).

Section 137(6).

1985 c. 23.The Prosecution of Offences Act 1985.In section 21(6)(a), the words “for any area”.
1989 c. 33.The Extradition Act 1989.Section 8(1)(b)(i) and (2).

In section 9(1), the words from “consisting” to the end.

In section 35(1), the definitions of “designated metropolitan magistrate” and “metropolitan magistrate”.

In Schedule 1, in paragraph 5(1)(b), the words “a metropolitan magistrate or” and paragraph 13(2).

1989 c. 41.The Children Act 1989.In Schedule 11, in paragraph 8, in sub-paragraph (c), the words “66(1) and (2),” and, in sub-paragraph (d), the words “66(2),” and “and (7)”.
1994 c. 19.The Local Government (Wales) Act 1994.In section 55(2)(a), the words “stipendiary magistrate,”.
1997 c. 25.The Justices of the Peace Act 1997.Section 22(5).

In section 24(1), the words “(other than metropolitan stipendiary magistrates)”.

In section 55(8), the words “Subject to section 14(1) above,”.

In section 72(1), the definition of “stipendiary magistrate”.

In Schedule 4, in Part II, paragraphs 9 and 12.

In Schedule 5, paragraphs 13(3) and 17.

1997 c. 50.The Police Act 1997.In section 6(5), the words “appointed for an area”.

In section 52(5), the words “appointed for an area”.

(4)

Justices not to sit on committal for sentence

ChapterShort titleExtent of repeal
1981 c. 54.The Supreme Court Act 1981.In section 74, in subsection (1), paragraph (b) and the preceding “or” and, in subsection (7), paragraph (b) and, in paragraph (c), the words “or on committal to the Crown Court for sentence”.

(5)

Magistrates' courts committees

ChapterShort titleExtent of repeal
1972 c. 70.The Local Government Act 1972.In Schedule 12A, in Part I, in paragraph 2(a), the words “, within the meaning of the Justices of the Peace Act 1997”.
1997 c. 25.The Justices of the Peace Act 1997.Section 32.

Section 38(6).

Section 49.

In section 72(1), the definition of “magistrates' courts committee areas”.

In Schedule 5, paragraph 11.

(6)

Greater London Magistrates' Courts Authority

ChapterShort titleExtent of repeal
60 & 61 Vict. c. 26.The Metropolitan Police Courts Act 1897.Sections 3 and 4.
2 & 3 Geo.6 c. xcvii.The London Building Acts (Amendment) Act 1939.In section 151(1)(bb), the words “magistrates' courts”.
1965 c. 63.The Public Works Loans Act 1965.In section 2(1)(a), the word “and” at the end of sub-paragraph (iii).
1967 c. 28.The Superannuation (Miscellaneous Provisions) Act 1967.Section 15(1)(a)(ii) and (9).
1968 c. 13.The National Loans Act 1968.In Schedule 4, in paragraph 1(a), the word “and” at the end of sub-paragraph (iii).
1971 c. 56.The Pensions (Increase) Act 1971.In Schedule 6, paragraph (d).
1991 c. 53.The Criminal Justice Act 1991.Section 76(5).
1994 c. 29.The Police and Magistrates' Courts Act 1994.In Schedule 8, paragraphs 24, 25 and 33(5).
1997 c. 25.The Justices of the Peace Act 1997.In section 10(8), the words “the City of London, a London borough,” and the words from “and for” to the end.

In section 54(9), the definition of “local funds”.

In section 55, subsection (8) and, in subsection (10), in the definition of “responsible authority”, paragraph (d) and the words from “or the” to the end.

Section 56(4).

In section 72(1), the definition of “inner London area”.

Schedule 3.

In Schedule 4, paragraphs 7, 8, 10 and 11.

1999 c. 22.The Access to Justice Act 1999.In Schedule 10, paragraphs 39, 40(2)(a), 51, 52(2) and 53.

In Schedule 11, paragraph 10.

In Schedule 14, paragraph 28(2).

(7)

Justices' chief executives

ChapterShort titleExtent of repeal
10 & 11 Geo.5 c. 33.The Maintenance Orders (Facilities for Enforcement) Act 1920.In section 4(6A)(b), the words from “and as if” to the end.
14 Geo.6 c. 37.The Maintenance Orders Act 1950.In section 22(1E)(a), the words from “and as if” to the end.

In section 28(1), in the definition of “collecting officer”, the words from “in”, in the first place, to “and”.

6 & 7 Eliz.2 c. 39.The Maintenance Orders Act 1958.In section 4(5B)(a), the words from “and as if” to the end.

In section 21(1), the definition of “proper officer”.

1964 c. 26.The Licensing Act 1964.In section 22(4), the words from ““as in” to “magistrates' court”.

Section 30(2).

1968 c. 65.The Gaming Act 1968.In Schedule 2, in paragraph 2(2), the definition of “the clerk to the licensing authority”.
1971 c. 32.The Attachment of Earnings Act 1971.In section 25(1), the words from “and, in relation to” to the end.
1972 c. 18.The Maintenance Orders (Reciprocal Enforcement) Act 1972.In section 9(1ZA)(b), the words from “and as if” to the end.
1986 c. 64.The Public Order Act 1986.Section 34(3).
1988 c. 33.The Criminal Justice Act 1988.Section 41(13).

Section 81(10).

1988 c. 53.The Road Traffic Offenders Act 1988.In section 34C(2), the words from “and any reference” to the end.

Section 71(4) and (5).

In section 89(1), the definition of “justices' clerk”.

1989 c. 4.The Prevention of Terrorism (Temporary Provisions) Act 1989.In Schedule 4, in paragraph 1(5), the words from “and in this sub-paragraph” to the end.
1994 c. 37.The Drug Trafficking Act 1994.Section 30(9).
1997 c. 25.The Justices of the Peace Act 1997.Section 31(2).

Section 40(5).

Section 46.

In section 60, in subsection (1), paragraph (b)(ii) and the preceding “and” and subsection (4).

In Schedule 4, in Part II, paragraphs 15 and 18.

In Schedule 5, in paragraph 23, paragraph (b) and the preceding “and” and, in paragraph 36, paragraph (b) and the preceding “and”.

1998 c. 37.The Crime and Disorder Act 1998.In Schedule 3, paragraph 6(11).

(8)

Warrants

ReferenceShort title or titleExtent of repeal or revocation
6 & 7 Eliz.2 c. 39.The Maintenance Orders Act 1958.In section 2(4), paragraph (b), apart from the word “and” at the end.

In section 5(4), paragraph (b), apart from the word “and” at the end.

1980 c. 43.The Magistrates' Courts Act 1980.Section 83(4).

In section 125, in subsection (2), the second paragraph and subsections (3) and (4).

1984 c. 60.The Police and Criminal Evidence Act 1984.Section 33.
1988 c. 33.The Criminal Justice Act 1988.Section 65.
1990 c. 41.The Courts and Legal Services Act 1990.In Schedule 17, paragraph 11.
1996 c. 14.The Reserve Forces Act 1996.In Schedule 10, paragraph 18.
S.I.1997/1898.The Family Law Act 1996 (Modification of Enactments) Order 1997.Article 3.
1998 c. 37.The Crime and Disorder Act 1998.In Schedule 8, paragraph 44.
1999 c. 23.The Youth Justice and Criminal Evidence Act 1999.In Schedule 4, paragraph 8.

Part VIImmunity and indemnity

ChapterShort titleExtent of repeal
1997 c. 25.The Justices of the Peace Act 1997.In section 54(1)(a)(i), the words “against him”.

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