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Access to Justice Act 1999

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SCHEDULES

Section 1.

SCHEDULE 1E+W Legal Services Commission

Incorporation and statusE+W

1The Commission shall be a body corporate.E+W

2The Commission shall not be regarded—E+W

(a)as the servant or agent of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown;

and the Commission’s property shall not be regarded as property of, or held on behalf of, the Crown.

Tenure of membersE+W

Prospective

3(1)Subject to paragraphs 4 and 5, any member of the Commission shall hold and vacate office in accordance with the terms of his appointment.E+W+S+N.I.

(2)But a person shall not be appointed a member of the Commission for a period of more than five years.

4(1)A member of the Commission, or the person appointed to chair it, may resign office by giving notice in writing to the [F1Secretary of State]F1.

(2)If the person appointed to chair the Commission ceases to be a member of it, he shall cease to chair it.

(3)A person who ceases to be a member of the Commission, or to chair it, shall be eligible for reappointment.

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Amendments (Textual)

F1Words in Sch. 1 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003, (S.I. 2003/1887), art. 9, {Sch. 2 para. 11(1)(f)}

5The [F2Secretary of State]F2 may terminate the appointment of a member of the Commission if satisfied that—

(a)he has become bankrupt or made an arrangement with his creditors,

(b)he is unable to carry out his duties as a member of the Commission by reason of illness,

(c)he has been absent from meetings of the Commission for a period longer than six consecutive months without the permission of the Commission, or

(d)he is otherwise unable or unfit to discharge the functions of a member of the Commission.

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Amendments (Textual)

F2Words in Sch. 1 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003, (S.I. 2003/1887), art. 9, {Sch. 2 para. 11(1)(f)}

Members’ interestsE+W

6(1)Before appointing a person to be a member of the Commission, the [F3Secretary of State]F3 shall satisfy himself that that person will have no such financial or other interest as is likely to affect prejudicially the exercise or performance by him of his functions as a member of the Commission.

(2)The [F3Secretary of State]F3 shall from time to time satisfy himself with respect to every member of the Commission that he has no such interest as is referred to in sub-paragraph (1).

(3)Any person whom the [F3Secretary of State]F3 proposes to appoint as, and who has consented to be, a member of the Commission, and any member of the Commission, shall (whenever requested by the [F3Secretary of State]F3 to do so) supply him with such information as the [F3Secretary of State]F3 considers necessary for the performance by the [F3Secretary of State]F3 of his duties under this paragraph.

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Amendments (Textual)

F3Words in Sch. 1 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003, (S.I. 2003/1887), art. 9, {Sch. 2 para. 11(1)(f)}

7(1)A member of the Commission who is in any way directly or indirectly interested in an individual contract entered into or proposed to be entered into, or an individual grant, loan or other payment made or proposed to be made, by the Commission shall disclose the nature of his interest at a meeting of the Commission; and—E+W

(a)the disclosure shall be recorded in the minutes of the Commission, and

(b)the member shall not take any part in any deliberation or decision of the Commission with respect to that contract or grant, loan or other payment.

(2)For the purposes of sub-paragraph (1), a general notice given at a meeting of the Commission by a member of the Commission to the effect—

(a)that he is a person with whom a contract may be entered into, or to whom a grant, loan or other payment may be made, by the Commission, or

(b)that he is a member of a specified body with which a contract may be entered into, or to which a grant, loan or other payment may be made, by the Commission,

shall be regarded as a sufficient disclosure of his interest in relation to any contract subsequently entered into with, or grant, loan or other payment made to, him or the body.

(3)A member of the Commission need not attend in person at a meeting of the Commission in order to make any disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read out at the meeting.

Remuneration of membersE+W

8(1)The Commission may—

(a)pay to its members such remuneration, and

(b)make provision for the payment of such pensions, allowances or gratuities to or in respect of its members,

as the [F4Secretary of State]F4 may determine.

(2)Where a person ceases to be a member of the Commission otherwise than on the expiry of his term of office, and it appears to the [F4Secretary of State]F4 that there are special circumstances which make it right for that person to receive compensation, the [F4Secretary of State]F4 may require the Commission to make that person a payment of such amount as the [F4Secretary of State]F4 may determine.

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Amendments (Textual)

F4Words in Sch. 1 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003, (S.I. 2003/1887), art. 9, {Sch. 2 para. 11(1)(f)}

StaffE+W

9(1)The Commission shall appoint a person to be the chief executive of the Commission who shall be responsible to the Commission for the exercise of its functions.

(2)The Commission may appoint such other employees as it thinks fit.

(3)The Commission may only appoint a person to be—

(a)its chief executive, or

(b)the holder of any other employment of a description specified by the [F5Secretary of State]F5 by direction given to the Commission,

after consultation with, and subject to the approval of, the [F5Secretary of State]F5 .

(4)An appointment under this paragraph may be made on such terms and conditions as the Commission, with the approval of the [F5Secretary of State]F5 , may determine.

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Amendments (Textual)

F5Words in Sch. 1 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003, (S.I. 2003/1887), art. 9, {Sch. 2 para. 11(1)(f)}

10(1)The Commission shall make, in respect of such of its employees as, with the approval of the [F6Secretary of State]F6 , it may determine such arrangements for providing pensions, allowances or gratuities, including pensions, allowances or gratuities by way of compensation for loss of employment, as it may determine.

(2)Arrangements under sub-paragraph (1) may include the establishment and administration, by the Commission or otherwise, of one or more pension schemes.

(3)If an employee of the Commission—

(a)becomes a member of the Commission, and

(b)was by reference to his employment by the Commission a participant in a pension scheme established and administered by it for the benefit of its employees,

the Commission may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the Commission whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 8.

(4)Where the Commission exercises the power conferred by sub-paragraph (3), any discretion as to the benefits payable to or in respect of the member concerned which the scheme confers on the Commission shall be exercised only with the approval of the [F6Secretary of State]F6 .

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Amendments (Textual)

F6Words in Sch. 1 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003, (S.I. 2003/1887), art. 9, {Sch. 2 para. 11(1)(f)}

Funding of costs relating to administration etc.E+W

11(1)The [F7Secretary of State]F7 shall pay to the Commission such sums as he may determine as appropriate for—

(a)the exercise by the Commission of functions in relation to the Community Legal Service other than the funding of services, and

(b)the administrative costs of the Commission.

(2)The [F7Secretary of State]F7 may—

(a)determine the manner in which and times at which the sums mentioned in sub-paragraph (1) are to be paid to the Commission, and

(b)impose conditions on the payment of those sums.

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Amendments (Textual)

F7Words in Sch. 1 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003, (S.I. 2003/1887), art. 9, {Sch. 2 para. 11(1)(f)}

ProceedingsE+W

12(1)Subject to anything in any instrument made under this Part, the Commission may regulate its own proceedings.

(2)Committees—

(a)may be appointed, and may be dissolved, by the Commission, and

(b)may include, or consist entirely of, persons who are not members of the Commission,

but the [F8Secretary of State]F8 may by direction require the Commission to make such provision relating to committees as is specified in the direction.

(3)A committee shall act in accordance with such instructions as the Commission may from time to time give; and the Commission may provide for anything done by a committee to have effect as if it had been done by the Commission.

(4)The Commission may pay to the members of any committee such fees and allowances as the [F8Secretary of State]F8 may determine.

(5)The validity of any proceedings of the Commission or of any committee appointed by the Commission shall not be affected by any vacancy among its members or by any defect in the appointment of any member.

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Amendments (Textual)

F8Words in Sch. 1 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003, (S.I. 2003/1887), art. 9, {Sch. 2 para. 11(1)(f)}

Provision of informationE+W

13(1)The Commission shall provide the [F9Secretary of State]F9 with such information as he may require relating to its property and to the discharge or proposed discharge of its functions.

(2)The Commission shall—

(a)permit any person authorised by the [F9Secretary of State]F9 to inspect and make copies of any accounts or documents of the Commission, and

(b)provide such explanation of them as any such person, or the [F9Secretary of State]F9 , may require.

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Amendments (Textual)

F9Words in Sch. 1 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003, (S.I. 2003/1887), art. 9, {Sch. 2 para. 11(1)(f)}

Annual reportE+W

14(1)The Commission shall provide to the [F10Secretary of State]F10 , as soon as possible after the end of each financial year, a report on how it has during that year—

(a)funded services from the Community Legal Service Fund,

(b)funded services as part of the Criminal Defence Service, and

(c)exercised its other functions.

(2)The [F10Secretary of State]F10 may by direction require the Commission to deal with the matters specified in the direction in reports, or a particular report, under this paragraph.

(3)The [F10Secretary of State]F10 shall lay before each House of Parliament a copy of each report provided to him under this paragraph and the Commission shall publish a report once it has been so laid.

(4)In this paragraph and paragraphs 15 and 16 “financial year” means—

(a)the period beginning with the day on which the Commission is established and ending with the next 31st March, and

(b)each subsequent period of twelve months ending with 31st March.

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Amendments (Textual)

F10Words in Sch. 1 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003, (S.I. 2003/1887), art. 9, {Sch. 2 para. 11(1)(f)}

Annual planE+W

15(1)The Commission shall, before the beginning of each financial year (other than that specified in paragraph 14(4)(a)), prepare a plan setting out how it intends in that year—

(a)to fund services from the Community Legal Service Fund,

(b)to fund services as part of the Criminal Defence Service, and

(c)to exercise its other functions,

and the plan shall include a summary of what the Commission has ascertained in the exercise of its functions under section 4(6).

(2)The [F11Secretary of State]F11 may by direction require the Commission to deal with the matters specified in the direction in plans, or a particular plan, under sub-paragraph (1).

(3)The Commission shall send a copy of each plan prepared under sub-paragraph (1) to the [F11Secretary of State]F11.

(4)If the [F11Secretary of State]F11 approves it, he shall lay a copy before each House of Parliament and the Commission shall publish the plan once it has been so laid.

(5)If he does not approve it, he shall by direction require the Commission to revise it in accordance with the direction; and the direction shall include the [F12Secretary of State's]F12 reasons for not approving the plan.

(6)When the Commission has revised the plan it shall send the [F11Secretary of State]F11 a copy of the revised plan and he shall lay a copy before each House of Parliament and the Commission shall publish the revised plan once it has been so laid.

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Amendments (Textual)

F11Words in Sch. 1 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003, (S.I. 2003/1887), art. 9, {Sch. 2 para. 11(1)(f)}

Accounts and auditE+W

16(1)The Commission shall keep accounts and shall prepare in respect of each financial year a statement of accounts.

(2)The accounts shall be kept, and the statement of accounts shall be prepared, in such form as the [F13Secretary of State]F13 may, with the approval of the Treasury, specify by direction given to the Commission.

(3)The Commission shall send a copy of the statement of accounts in respect of each financial year to the [F13Secretary of State]F13 and to the Comptroller and Auditor General within such period after the end of the financial year to which it relates as the [F13Secretary of State]F13 may specify by direction given to the Commission.

(4)The Comptroller and Auditor General shall—

(a)examine, certify and report on each statement of accounts received by him under sub-paragraph (3), and

(b)lay a copy of each such statement of accounts, and his report on it, before each House of Parliament.

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Amendments (Textual)

F13Words in Sch. 1 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003, (S.I. 2003/1887), art. 9, {Sch. 2 para. 11(1)(f)}

InstrumentsE+W

17(1)The fixing of the seal of the Commission shall be authenticated by a member of the Commission or by some other person authorised either generally or specially by the Commission to act for that purpose.E+W

(2)A document purporting to be duly executed under the seal of the Commission or to be signed on the Commission’s behalf—

(a)shall be received in evidence, and

(b)unless the contrary is proved, shall be deemed to be so executed or signed.

Section 6.

SCHEDULE 2E+W Community Legal Service: excluded services

The services which may not be funded as part of the Community Legal Service are as follows.

1Services consisting of the provision of help (beyond the provision of general information about the law and the legal system and the availability of legal services) in relation to—

[F14(a)allegations of personal injury or death, other than allegations relating to clinical negligence,

(aa)allegations of negligently caused damage to property,]

F14(b)conveyancing,

(c)boundary disputes,

(d)the making of wills,

(e)matters of trust law,

(f)defamation or malicious falsehood,

(g)matters of company or partnership law, F15...

(h)other matters arising out of the carrying on of a [F16business, orF16]

[F17(i)attending an interview conducted on behalf of the Secretary of State with a view to his reaching a decision on a claim for asylum (as defined by section 167(1) of the Immigration and Asylum Act 1999 F18).F17]

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Amendments (Textual)

F181999 c 33.

Prospective

[F191AServices consisting of the provision of help to an individual in relation to matters arising out of or in connection with—E+W

(a)a proposal by that individual to establish a business;

(b)the carrying on of a business by that individual (whether or not the business is being carried on at the time the services are provided);

(c)the termination or transfer of a business that was being carried on by that individual.]

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Amendments (Textual)

2Advocacy in any proceedings except—

(1)proceedings in—

(a)the House of Lords in its judicial capacity,

(b)the Judicial Committee of the Privy Council in the exercise of its jurisdiction under the M1Government of Wales Act 1998, the M2Scotland Act 1998 or the M3Northern Ireland Act 1998,

(c)the Court of Appeal,

(d)the High Court,

(e)any county court,

(f)the Employment Appeal Tribunal, [F20or]

(g)any Mental Health Review Tribunal,

[F21(h)the Asylum and Immigration Tribunal,]

[F22F21(ha)the Special Immigration Appeals Commission,F22][F23 or

F23(i)the Proscribed Organisations Appeal Commission]

(2)proceedings in the Crown Court—

(a)for the variation or discharge of an order under section 5 of the M4Protection from Harassment Act 1997,

(b)which relate to an order under section F24. . . 10 of the M5Crime and Disorder Act 1998, F25. . .

F26(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F27F28...

(d)which relate to an order under paragraph 6 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001][F29 or]

[F30F29(e)under the Proceeds of Crime Act 2002 to the extent specified in paragraph 3,]

F30(3)proceedings in a magistrates’ court—

(a)under section 43 or 47 of the M6National Assistance Act 1948, section 22 of the M7Maintenance Orders Act 1950, section 4 of the M8Maintenance Orders Act 1958 or section 106 of the M9Social Security Administration Act 1992,

(b)under Part I of the M10Maintenance Orders (Reciprocal Enforcement) Act 1972 relating to a maintenance order made by a court of a country outside the United Kingdom,

(c)in relation to an application for leave of the court to remove a child from a person’s custody under section 27 or 28 of the M11Adoption Act 1976 or in which the making of an order under Part II or section 29 or 55 of that Act is opposed by any party to the proceedings,

(d)for or in relation to an order under Part I of the M12Domestic Proceedings and Magistrates’ Courts Act 1978,

[F31(da)under section 55A of the Family Law Act 1986 (declarations of parentage),]

(e)under the M13Children Act 1989,

(f)under section 30 of the M14Human Fertilisation and Embryology Act 1990,

(g)under section 20 F32. . . of the M15Child Support Act 1991,

(h)under Part IV of the M16Family Law Act 1996,

(i)for the variation or discharge of an order under section 5 of the Protection from Harassment Act 1997, F33. . .

(j)under [F34section 8 or 11] of the Crime and Disorder Act 1998 [F35F36... ,

(k)for an order or direction under paragraph 3, 5, 6, 9 or 10 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001]

[F37(l)for an order or direction under section 295, 297, 298, 301 or 302 of the Proceeds of Crime Act 2002,]F37 and

(4)proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within paragraphs (1) to (3).

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Amendments (Textual)

F23Sch. 2 para. 2(1)(i) and preceding word inserted (19.2.2001) by 2000 c. 11, s. 125(1), Sch. 15 para. 19; S.I. 2001/421, art. 2

F24Words in Sch. 2 para. 2(2)(b) deleted (1.4.2000) by S.I. 2000/822, art. 3(b)(i)

F27Sch. 2 para. 2(2)(d) and preceding word inserted (20.12.2001) by 2001 c. 24, s. 2(2); S.I. 2001/4019, art. 2(b)

F34Words in Sch. 2 para. 2(3)(j) substituted (1.4.2000) by S.I. 2000/822, art. 3(c)

F35Sch. 2 para. 2(3)(k) and preceding word inserted (20.12.2001) by 2001 c. 24, s. 2(3); S.I. 2001/4019, art. 2(b)

Marginal Citations

3(1)These are the proceedings under the Proceeds of Crime Act 2002—

[F38(za)an application under section 42 for a restraint order;]

F38(a)an application under section 42(3) to vary or discharge a restraint order or an order under section 41(7);

(b)proceedings which relate to a direction under section 54(3) or 56(3) as to the distribution of funds in the hands of a receiver;

(c)an application under section 62 relating to action taken or proposed to be taken by a receiver;

(d)an application under section 63 to vary or discharge an order under any of sections 48 to 53 for the appointment of or conferring powers on a receiver;

(e)an application under section 72 or 73 for the payment of compensation;

(f)proceedings which relate to an order under section 298 for the forfeiture of cash;

(g)an application under section 351(3), 362(3), 369(3) or 375(2) to vary or discharge certain orders made under Part 8.

(2)But sub-paragraph (1) does not authorise the funding of the provision of services to a defendant (within the meaning of Part 1 of that Act) in relation to—

(a)proceedings mentioned in paragraph (b);

(b)an application under section 73 for the payment of compensation if the confiscation order was varied under section 29.

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Amendments (Textual)

Prospective

[F394(1)This sub-paragraph applies to an inquest into the death of a person who at the time of the death—E+W

(a)was detained at a custodial institution or in a custody area at a court or police station,

(b)was detained at a removal centre or short-term holding centre,

(c)was being transferred or held in pursuance of prison escort arrangements or immigration escort arrangements,

(d)was detained in secure accommodation,

(e)was a detained patient, or

(f)was in service custody.

(2)This sub-paragraph applies to an inquest into the death of a person that occurred in the course of the person's arrest by a constable or otherwise in the course of the execution or purported execution of any functions by a constable.

(3)This sub-paragraph applies to an inquest into the death of a person who at the time of the death was subject to service law by virtue of section 367 or 369(2)(a) of the Armed Forces Act 2006 and was engaged in active service.

(4)Paragraph 2(5) does not authorise the funding of the provision of services to anyone who is not an interested person within section 47(2)(a) of the Coroners and Justice Act 2009.

(5)In this paragraph—

  • active service” means service in—

    (a)

    an action or operation against an enemy (within the meaning given by section 374 of the Armed Forces Act 2006),

    (b)

    an operation outside the British Islands for the protection of life or property, or

    (c)

    the military occupation of a foreign country or territory;

  • custodial institution” means a prison, a young offender institution, a secure training centre or a remand centre;

  • detained patient” means a person who is detained in any premises under Part 2 or 3 or section 135(3B) or 136(4) of the Mental Health Act 1983;

  • immigration escort arrangements” means arrangements made under section 156 of the Immigration and Asylum Act 1999;

  • prison escort arrangements” means arrangements made under section 80 of the Criminal Justice Act 1991 or under section 102 or 118 of the Criminal Justice and Public Order Act 1994;

  • “removal centre” and “short-term holding facility” have the meaning given by section 147 of the Immigration and Asylum Act 1999;

  • secure accommodation” means accommodation, not consisting of or forming part of a custodial institution, provided for the purpose of restricting the liberty of persons under the age of 18.]

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Amendments (Textual)

Section 14.

SCHEDULE 3E+W Criminal Defence Service: right to representation

Individuals to whom right may be grantedE+W

1(1)A right to representation for the purposes of any kind of criminal proceedings before a court may be granted to an individual such as is mentioned in relation to that kind of proceedings in section 12(2).E+W

(2)A right to representation for the purposes of criminal proceedings may also be granted to an individual to enable him to resist an appeal to the Crown Court otherwise than in an official capacity.

(3)In this Schedule “court” includes any body before which criminal proceedings take place.

over 14/07/2008

[F40Individuals to whom right may be provisionally grantedE+W

1A(1)Regulations may provide that, in prescribed circumstances, and subject to any prescribed conditions, a right to representation may be provisionally granted to an individual where—E+W

(a)the individual is involved in an investigation which may result in criminal proceedings, and

(b)the right is so granted for the purposes of criminal proceedings that may result from the investigation.

(2)Regulations under sub-paragraph (1) may, in particular, make provision about—

(a)the stage in an investigation at which a right to representation may be provisionally granted;

(b)the circumstances in which a right which has been so granted—

(i)is to become, or be treated as if it were, a right to representation under paragraph 1, or

(ii)is to be, or may be, withdrawn.]

Grant of right by courtE+W

2(1)A court before which any criminal proceedings take place, or are to take place, has power to grant a right to representation in respect of those proceedings except in such circumstances as may be prescribed.

(2)Where a right to representation is granted for the purposes of criminal proceedings it includes the right to representation for the purposes of any related bail proceedings and any preliminary or incidental proceedings; and regulations may make provision specifying whether any proceedings are or are not to be regarded as preliminary or incidental.

(3)A court also has power to grant a right to representation for the purposes of criminal proceedings before another court in such circumstances as may be prescribed.

(4)The form of the application for a grant of a right to representation under this paragraph, and the form of the grant of such a right, shall be such as may be prescribed.

(5)A right to representation in respect of proceedings may be withdrawn by any court before which the proceedings take place; and a court must consider whether to withdraw a right to representation in such circumstances as may be prescribed.

(6)The powers of a magistrates’ court for any area under this paragraph may be exercised by a single justice of the peace for the area.

(7)F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Grant of right by commissionE+W

over 02/10/2006

2A(1)Regulations may—

(a)provide that the Commission shall have power to grant rights to representation in respect of criminal proceedings of a prescribed description;

(b)provide that the Commission shall, except in such circumstances as may be prescribed, have power to withdraw any rights to representation granted in respect of proceedings of a description prescribed under paragraph (a).

(2)In sub-paragraph (1)(a), the reference to criminal proceedings does not include proceedings prescribed under section 12(2)(g).

(3)Regulations under sub-paragraph (1) may make such consequential amendment or repeal of any enactment, including an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), as the Lord Chancellor may consider appropriate.

3(1)Regulations may provide that the Commission shall have power to grant rights to representation in respect of any one or more of the descriptions of proceedings prescribed under section 12(2)(g), and to withdraw any rights to representation granted by it.

(2)The form of any application for a grant of a right to representation under this paragraph, and the form of the grant of such a right, shall be such as may be prescribed.

(3)Regulations under sub-paragraph (1) may make such transitional provisions as the [F42Secretary of State]F42 may consider appropriate.

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Amendments (Textual)

over 02/10/2006

3A(1)The form of the grant of a right to representation under paragraph 2A or 3 shall be such as may be prescribed.

(2)Regulations under paragraph 2A or 3 may make such transitional provision as the Lord Chancellor may consider appropriate.

over 02/10/2006

[F43Financial eligibility]E+W

3B(1)Power under this Schedule to grant a right to representation may only be exercised in relation to an individual whose financial resources appear to the relevant authority to be such that, under regulations, he is eligible to be granted such a right.

(2)Power under this Schedule to withdraw a right to representation shall be exercised in relation to an individual if it appears to the relevant authority—

(a)that his financial resources are not such that, under regulations, he is eligible to be granted such a right, or

(b)that he has failed, in relation to the right, to comply with regulations under this paragraph about the furnishing of information.

(3)Regulations may make provision for exceptions from sub-paragraph (1) or (2).

(4)Regulations under this paragraph may include—

(a)provision requiring the furnishing of information;

(b)provision for the notification of decisions about the application of—

(i)sub-paragraph (1) or (2), or

(ii)regulations under sub-paragraph (3);

(c)provision for the review of such decisions;

(d)such transitional provision as the Lord Chancellor may consider appropriate.

(5)The provision which may be made under sub-paragraph (4)(c) includes provision prescribing circumstances in which the person or body reviewing a decision may refer a question to the High Court for its decision.

(6)Section 16 of the Supreme Court Act 1981 (appeals from the High Court) shall not apply to decisions of the High Court on a reference under regulations under this paragraph.

AppealsE+W

4Except where regulations otherwise provide, an appeal shall lie to such court or other person or body as may be prescribed against a decision to refuse to grant a right to representation or to withdraw a right to representation.

Criteria for grant of rightE+W

5(1)Any question as to whether a right to representation should be granted shall be determined according to the interests of justice.

(2)In deciding what the interests of justice consist of in relation to any individual, the following factors must be taken into account—

(a)whether the individual would, if any matter arising in the proceedings is decided against him, be likely to lose his liberty or livelihood or suffer serious damage to his reputation,

(b)whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law,

(c)whether the individual may be unable to understand the proceedings or to state his own case,

(d)whether the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual, and

(e)whether it is in the interests of another person that the individual be represented.

(3)The [F44Secretary of State]F44 may by order amend sub-paragraph (2) by adding new factors or varying any factor.

(4)A right to representation shall always be granted in such circumstances as may be prescribed.

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Amendments (Textual)

over 14/07/2008

[F45Information requestsE+W

6(1)The relevant authority may make an information request to—

(a)the Secretary of State, or

(b)the Commissioners,

for the purpose of facilitating the making of a decision by the authority about the application of paragraph 3B(1) or (2), or regulations under paragraph 3B(3), in relation to an individual.

(2)An information request made to the Secretary of State is a request for the disclosure of some or all of the following information—

(a)the individual's full name;

(b)the individual's address;

(c)the individual's date of birth;

(d)the individual's national insurance number;

(e)the individual's benefit status;

(f)information of any description specified in regulations.

(3)An information request made to the Commissioners is a request for the disclosure of some or all of the following information—

(a)whether or not the individual is employed;

(b)the name and address of the employer (if the individual is employed);

(c)the individual's national insurance number;

(d)information of any description specified in regulations made with the agreement of the Commissioners.

(4)The information that may be specified under subsection (3)(d) includes, in particular, information relating to the individual's income (as defined in the regulations) for a period so specified.

(5)On receiving an information request, the Secretary of State or (as the case may be) the Commissioners may disclose the information requested to the relevant authority.

over 14/07/2008

Restrictions on disclosureE+W

7(1)A person to whom information is disclosed under paragraph 6(5), or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making of a decision by the relevant authority about the application of paragraph 3B(1) or (2), or regulations under paragraph 3B(3), in relation to an individual.

(2)A person to whom such information is disclosed commits an offence if the person—

(a)discloses or uses the information, and

(b)the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision as is mentioned in that sub-paragraph.

(3)But it is not an offence under sub-paragraph (2)—

(a)to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or

(b)to disclose any information which has previously been lawfully disclosed to the public.

(4)It is a defence for a person charged with an offence under sub-paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.

(5)A person guilty of an offence under sub-paragraph (2) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both;

(b)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both.

(6)In sub-paragraph (5)(b) the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003.

(7)Nothing in section 20 applies in relation to the disclosure of information to which sub-paragraph (1) applies.

over 14/07/2008

Paragraphs 6 and 7: supplementary]E+W

8(1)This paragraph applies for the purposes of paragraphs 6 and 7.

(2)Benefit status”, in relation to an individual, means whether or not the individual is in direct or indirect receipt of any prescribed benefit or benefits and, if so (in the case of each benefit)—

(a)which benefit the individual is so receiving, and

(b)(in prescribed cases) the amount the individual is so receiving by way of the benefit.

(3)The Commissioners” means the Commissioners for Her Majesty's Revenue and Customs.

(4)Information” means information held in any form.

(5)Nothing in paragraph 6 or 7 authorises the making of a disclosure which contravenes the Data Protection Act 1998.

over 12/11/2009

[F46Schedule 3AE+WMotor vehicle orders

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Amendments (Textual)

IntroductoryE+W

1In this Schedule “enforcement regulations” means regulations under section 17A(1) made by virtue of section 17A(2)(e).E+W

Further general powers to regulate motor vehicle ordersE+W

2Enforcement regulations may make provision about or in connection with—E+W

(a)the procedure for making motor vehicle orders;

(b)the matters which must be included in such orders;

(c)the fitting of immobilisation devices;

(d)the fixing of notices to motor vehicles to which immobilisation devices have been fitted and the content of such notices;

(e)the removal and storage of motor vehicles;

(f)the release of motor vehicles from immobilisation devices or from storage (including the conditions to be met before a motor vehicle is released);

(g)the sale or other disposal of motor vehicles not released;

(h)the imposition of charges in connection with—

(i)the fitting of immobilisation devices;

(ii)the removal, storage, release (whether from immobilisation devices or from storage), sale or disposal of motor vehicles;

(i)the recovery of such charges (including provision for them to be recovered from the proceeds of sale of motor vehicles).

ApplicationsE+W

3Enforcement regulations must provide that a motor vehicle order may be made in relation to an overdue sum only on the application of the person or body to which the overdue sum is payable.E+W

Matters of which court to be satisfiedE+W

4(1)Enforcement regulations must provide that, before a court makes a clamping order in respect of an individual, it must be satisfied—E+W

(a)that the failure to pay the overdue sum is attributable to the individual's wilful refusal or culpable neglect, and

(b)that the value of the motor vehicle or vehicles to be clamped, if sold, would be likely to be an amount which exceeds half of the estimated recoverable amount.

(2)The estimated recoverable amount” means the aggregate of—

(a)the amount of the overdue sum, and

(b)the amount of the likely charges due under the enforcement regulations in relation to the motor vehicle or vehicles.

Ownership of motor vehiclesE+W

5(1)Enforcement regulations must provide that a clamping order must not be made except in relation to a motor vehicle which is owned by the individual liable to pay the overdue sum.E+W

(2)For this purpose a motor vehicle is owned by an individual if the individual has an interest in the motor vehicle.

Motor vehicles used by disabled personsE+W

6Enforcement regulations must provide that an immobilisation device may not be fitted to a motor vehicle—E+W

(a)which displays a current disabled person's badge or a current recognised badge, or

(b)in relation to which there are reasonable grounds for believing that it is used for the carriage of a disabled person.

Restrictions on making vehicle sale ordersE+W

7Enforcement regulations must provide that, where a motor vehicle has been clamped under a clamping order, no vehicle sale order may be made in respect of the motor vehicle before the end of the period specified in the regulations.E+W

InterpretationE+W

8In this Schedule—E+W

  • disabled person's badge” means a badge issued, or having effect as if issued, under regulations made under section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons);

  • immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked);

  • motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, except that section 189 of the Road Traffic Act 1988 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts;

  • recognised badge” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain);

and “clamped”, “clamping order”, “motor vehicle order”, “overdue sum” and “vehicle sale order” are to be construed in accordance with section 17A.]

Section 24.

SCHEDULE 4E+W+S+N.I.

Amendments consequential on Part IE+W+S+N.I.

The Public Records Act 1958 (c.51)E+W+S+N.I.

1In the First Schedule to the Public Records Act 1958 (definition of public records), in Part I of the Table at the end of paragraph 3, in the second column, after “Legal Aid Board.” insert—E+W+S+N.I.

Legal Services Commission

The Parliamentary Commissioner Act 1967 (c.13)E+W+S+N.I.

2In Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), insert (at the appropriate place in alphabetical order)—E+W+S+N.I.

Legal Services Commission

The Criminal Appeal Act 1968 (c.19)E+W+S+N.I.

3In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), at the end insert—E+W+S+N.I.

(3)An order under section 17 of the Access to Justice Act 1999 is not a sentence for the purposes of this Act.

The Children and Young Persons Act 1969 (c.54)E+W+S+N.I.

4The Children and Young Persons Act 1969 has effect subject to the following amendments.E+W+S+N.I.

F475. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

6In section 23 (remands and committals to local authority accommodation), in subsection (5A) (restrictions on imposing a security requirement on person who is not legally represented)—E+W+S+N.I.

(a)for paragraph (a) substitute—

(a)he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct; or, and

(b)in paragraph (b), for “legal aid” substitute “ such representation ”.

7In that section as it has effect pursuant to section 98 of the Crime and Disorder Act 1998 (alternative provision for 15 and 16 year old boys), in subsection (4A) (restrictions on remand of boy who is not legally represented)—E+W+S+N.I.

(a)for paragraph (a) substitute—

(a)he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct; or, and

(b)in paragraph (b), for “legal aid” substitute “ such representation ”.

The Attachment of Earnings Act 1971 (c.32)E+W+S+N.I.

8In section 1(3)(c) of the Attachment of Earnings Act 1971 (magistrates’ court may make order to secure payment of any sum required to be paid by legal aid contribution order), for “legal aid contribution order” substitute “ order under section 17(2) of the Access to Justice Act 1999 ”.E+W+S+N.I.

The Powers of Criminal Courts Act 1973 (c.62)E+W+S+N.I.

F489. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Solicitors Act 1974 (c.47)E+W+S+N.I.

10(1)Section 47 of the Solicitors Act 1974 (jurisdiction of Solicitors Disciplinary Tribunal) is amended as follows.E+W+S+N.I.

(2)In subsection (2)(d) (exclusion of solicitor from legal aid work), for “legal aid work” substitute “ providing representation funded by the Legal Services Commission as part of the Criminal Defence Service ”.

(3)In subsection (2A) (exclusion of solicitor from providing legal aid work because of conduct in connection with services under the Legal Aid Act 1988)—

(a)for “legal aid work” substitute “ providing representation ”, and

(b)in paragraph (a), for “under the Legal Aid Act 1988” substitute “ funded by the Legal Services Commission as part of the Community Legal Service or Criminal Defence Service ”.

(4)In subsection (2B) (exclusion of member of solicitor’s firm from legal aid work), for “legal aid work” substitute “ providing representation funded by the Legal Services Commission as part of the Criminal Defence Service ”.

(5)In subsection (2D) (person excluded from legal aid work may apply for termination of exclusion), for “legal aid work” substitute “ providing representation funded by the Legal Services Commission as part of the Criminal Defence Service ”.

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Commencement Information

I1Sch. 4 para. 10 wholly in force; Sch. 4 para. 10 not in force at Royal Assent see s. 108; Sch. 4 para. 10(1)(3)(b) in force at 1.4.2000 by S.I. 2000/774, art. 2(a)(ii) (subject to arts. 3, 4); Sch. 4 para. 10 in force insofar as not already in force at 2.4.2001 by S.I. 2001/916, art. 3(a)(ii)

The House of Commons Disqualification Act 1975 (c.24)E+W+S+N.I.

11In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—E+W+S+N.I.

The Legal Services Commission

The Northern Ireland Assembly Disqualification Act 1975 (c.25)E+W+S+N.I.

12In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—E+W+S+N.I.

The Legal Services Commission.

The Sex Discrimination Act 1975 (c.65)E+W+S+N.I.

13In section 75(4) of the Sex Discrimination Act 1975 (charges to recover costs of assistance in legal proceedings subject to charges under the Legal Aid Act 1988 or any provision in that Act for sum payable to Legal Aid Board)—

(a)for “under the Legal Aid Act 1988” substitute “ imposed by section 10(7) of the Access to Justice Act 1999 ”,

(b)after “any provision in” insert “ , or made under, ”, and

(c)for “Legal Aid Board” substitute “ Legal Services Commission ”.

The Race Relations Act 1976 (c.74)E+W+S+N.I.

14In section 66(6) of the Race Relations Act 1976 (charges to recover costs of assistance in legal proceedings subject to charges under the Legal Aid Act 1988 or any provision in that Act for sum payable to Legal Aid Board)—

(a)for “under the Legal Aid Act 1988” substitute “ imposed by section 10(7) of the Access to Justice Act 1999 ”,

(b)after “any provision in” insert “ , or made under, ”, and

(c)for “Legal Aid Board” substitute “ Legal Services Commission ”.

The Magistrates’ Courts Act 1980 (c.43)E+W+S+N.I.

15The Magistrates’ Courts Act 1980 has effect subject to the following amendments.E+W+S+N.I.

16In section 8(4) (matters which may be contained in a report of committal proceedings without an order), for paragraph (i) substitute—E+W

(i)whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.

17In section 92(1)(b) (no restriction on power to impose imprisonment for default in paying contribution ordered under section 23 of the Legal Aid Act 1988), for the words from “section 23” to “to” substitute “ section 17(2) of the Access to Justice Act 1999 (payment by individual in respect of ”.E+W+S+N.I.

18In section 130(3) (power of alternate court in remand hearings to grant legal aid), for “the grant of legal aid” substitute “ the grant of a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service ”.E+W+S+N.I.

19In section 145A(4) (rules about costs may include provision for the reimbursement of sums paid by the Legal Aid Board), for “Legal Aid Board” substitute “ Legal Services Commission ”.E+W+S+N.I.

20F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Supreme Court Act 1981 (c.54)E+W+S+N.I.

21The Supreme Court Act 1981 has effect subject to the following amendments.

22In section 28 (appeal by way of case stated from decisions of Crown Court, other than those relating to trial on indictment), at the end insert—E+W+S+N.I.

(4)In subsection (2)(a) the reference to a decision of the Crown Court relating to trial on indictment does not include a decision relating to an order under section 17 of the Access to Justice Act 1999.

23In section 29 (judicial review of decisions of Crown Court, other than matters relating to trial on indictment), at the end insert—E+W+S+N.I.

(6)In subsection (3) the reference to the Crown Court’s jurisdiction in matters relating to trial on indictment does not include its jurisdiction relating to orders under section 17 of the Access to Justice Act 1999.

F5024. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Criminal Justice Act 1982 (c.48)E+W+S+N.I.

F5125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Telecommunications Act 1984 (c.12)E+W+S+N.I.

26E+W

[F52In section 52(5) of the Telecommunications Act 1984 (charges to recover costs of assistance in legal proceedings subject to legal aid charges), for paragraph (a) substitute—

(a)any charge imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission;.F52]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F52Sch. 4 para. 26 repealed (25.7.2003 for specified purposes and 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406(6)(7), 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

The Prosecution of Offences Act 1985 (c.23)E+W+S+N.I.

27The Prosecution of Offences Act 1985 has effect subject to the following amendments.E+W+S+N.I.

28In section 19(2)(b) (in making an order for costs account to be taken of grant of representation under Legal Aid Act 1988), for the words from “or any grant” to the end substitute “ or any grant of a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service; ”.E+W+S+N.I.

29In section 20(2) (recovery of sums paid by Legal Aid Board where legally assisted person is awarded costs), for “Legal Aid Board” substitute “ Legal Services Commission ”.E+W+S+N.I.

30(1)Section 21 (interpretation) is amended as follows.E+W+S+N.I.

(2)In subsection (1), in the definition of “legally assisted person”, for “representation under the Legal Aid Act 1988” substitute “ a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service ”.

(3)In subsection (4A)—

(a)in paragraph (a), for the words from “include” to “of contribution;” substitute “ the cost of representation funded for him by the Legal Services Commission as part of the Criminal Defence Service; ”, and

(b)in paragraph (b), for the words from “and 19” to the end substitute “ , 19 and 19A of this Act, his costs shall be taken to include the cost of representation funded for him by the Legal Services Commission as part of the Criminal Defence Service; ”.

The Child Abduction and Custody Act 1985 (c.60)E+W+S+N.I.

31In section 11 of the Child Abduction and Custody Act 1985 (costs of application for child custody or access), for the words from “by virtue of” to “1988,” substitute by virtue of— E+W+S+N.I.

(a)the provision of any service funded by the Legal Services Commission as part of the Community Legal Service, or

(b)the grant of legal aid or legal advice and assistance under.

The Administration of Justice Act 1985 (c.61)E+W+S+N.I.

32The Administration of Justice Act 1985 has effect subject to the following amendments.E+W+S+N.I.

33In section 40(1) (legal aid complaints), for “under the Legal Aid Act 1988” substitute “ funded by the Legal Services Commission as part of the Community Legal Service or Criminal Defence Service ”.E+W+S+N.I.

34In section 41(2) (reduction of fees payable in connection with services provided by barristers under Legal Aid Act 1988), for paragraphs (a) and (b) substitute “ otherwise payable by the Legal Services Commission in connection with services provided by him as part of the Community Legal Service or Criminal Defence Service ”.E+W+S+N.I.

35In section 42 (exclusion of barristers from legal aid work), in subsections (1) and (3), for “legal aid work” substitute “ providing representation funded by the Legal Services Commission as part of the Criminal Defence Service ”.E+W+S+N.I.

36In section 43(3) (reduction of costs payable in connection with services provided by solicitors under Legal Aid Act 1988), for the words from “any costs” to “solicitor” substitute “ any costs otherwise payable by the Legal Services Commission in connection with services provided by the solicitor as part of the Community Legal Service or Criminal Defence Service ”.E+W+S+N.I.

The Housing Act 1985 (c.68)E+W+S+N.I.

37In section 170(5) of the Housing Act 1985 (charges to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from “under the Legal Aid Act 1988” to the end substitute “ imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission. ”E+W+S+N.I.

The Criminal Justice Act 1987 (c.38)E+W+S+N.I.

38The Criminal Justice Act 1987 has effect subject to the following amendments.E+W+S+N.I.

39In section 4(1) (functions of magistrates’ court to cease when case transferred to Crown Court, except for purposes of grant of legal aid), for “section 20(4) of the Legal Aid Act 1988” substitute “ paragraph 2 of Schedule 3 to the Access to Justice Act 1999 ”.E+W

40In section 11(12) (matters to which restrictions on reporting do not apply), for paragraph (h) substitute—E+W+S+N.I.

(h)whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.

The Consumer Arbitration Agreements Act 1988 (c.21)E+W+S+N.I.

41In section 4(3) of the Consumer Arbitration Agreements Act 1988 (availability of legal aid to be considered in determining whether to make reference to arbitration), for “legal aid” substitute “ services funded by the Legal Services Commission as part of the Community Legal Service ”.E+W+S+N.I.

The Housing Act 1988 (c.50)E+W+S+N.I.

42The Housing Act 1988 has effect subject to the following amendments.E+W+S+N.I.

43In section 82(4) (charge to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from “under the Legal Aid Act 1988” to the end substitute “ imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission. ”E+W+S+N.I.

44In section 107(4) (charge to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from “under the Legal Aid Act 1988” to the end substitute “ imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission. ”E+W+S+N.I.

The Children Act 1989 (c.41)E+W+S+N.I.

45In section 25(6) of the Children Act 1989 (child without legal representation not to be placed in secure accommodation without having been informed of right to apply for legal aid), for “legal aid” substitute “ representation funded by the Legal Services Commission as part of the Community Legal Service or Criminal Defence Service ”.E+W+S+N.I.

The Courts and Legal Services Act 1990 (c.41)E+W+S+N.I.

46In section 17(3)(c)(iii) of the Courts and Legal Services Act 1990 (effect of rules of a professional body relating to the withholding of services from persons receiving support under the Legal Aid Act 1988), for “under the Legal Aid Act 1988” substitute “ as part of the Community Legal Service or Criminal Defence Service ”.

The Criminal Justice Act 1991 (c.53)E+W+S+N.I.

47In section 53(3) of the Criminal Justice Act 1991 (functions of magistrates’ court to cease when case transferred to Crown Court, except for purposes of grant of legal aid), for “section 20(4) of the Legal Aid Act 1988” substitute “ paragraph 2 of Schedule 3 to the Access to Justice Act 1999 ”.E+W

The Social Security Administration Act 1992 (c.5)E+W+S+N.I.

48(1)Section 108(7) of the Social Security Administration Act 1992 (Secretary of State to inform Legal Aid Board if he recovers maintenance arrears for a person who owes money to the Board) is amended as follows.E+W+S+N.I.

(2)For “the Legal Aid Board” substitute “ the Legal Services Commission ”.

(3)In paragraph (a), for “; and” substitute ; or

(iii)received services funded by the Legal Services Commission as part of the Community Legal Service; and.

(4)In paragraph (b), after paragraph (ii) insert or

(iii)by virtue of section 10 of the Access to Justice Act 1999 in respect of services funded by the Legal Services Commission as part of the Community Legal Service,.

The Criminal Procedure and Investigations Act 1996 (c.25)E+W+S+N.I.

49In section 37(9) of the Criminal Procedure and Investigations Act 1996 (matters to which restrictions on reporting do not apply), for paragraph (g) substitute—E+W+S+N.I.

(g)whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.

The Family Law Act 1996 (c.27)E+W+S+N.I.

50The Family Law Act 1996 has effect subject to the following amendments.E+W+S+N.I.

51(1)Section 8 (information meetings) is amended as follows.E+W+S+N.I.

(2)In subsection (9) (matters about which regulations must be made for the purposes of information given at information meetings), for paragraph (h) substitute—

(h)the availability of services funded by the Legal Services Commission as part of the Community Legal Service, and where parties can get advice about obtaining such services;.

(3)In subsection (12) (contributions), for “provided for him under Part IIIA of the Legal Aid Act 1988” substitute “ funded for him by the Legal Services Commission as part of the Community Legal Service ”.

52(1)Section 23 (provision of marriage counselling) is amended as follows.E+W+S+N.I.

(2)In subsection (3) (contributions), for “provided for them under Part IIIA of the Legal Aid Act 1988” substitute “ funded for them by the Legal Services Commission as part of the Community Legal Service ”.

(3)In subsection (8) (powers of the Legal Aid Board)—

(a)for “the Legal Aid Board” substitute “ the Legal Services Commission ”,

(b)for “the Board” substitute “ the Commission ”,

(c)for “the Legal Aid Act 1988” substitute “ Part I of the Access to Justice Act 1999 ”, and

(d)after “purposes of”, in the second place, insert “ that Part of ”.

The Crime and Disorder Act 1998 (c.37)E+W+S+N.I.

53The Crime and Disorder Act 1998 has effect subject to the following amendments.E+W+S+N.I.

54In section 50(2) (procedure at early administrative hearing), for paragraphs (a) to (c) substitute “ the accused shall be asked whether he wishes to be granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service and, if he does, the justice shall decide whether or not to grant him such a right. ”

55In paragraph 3(8) of Schedule 3 (matters which may be contained in a report of an application for dismissal of charges), for paragraph (g) substitute—E+W+S+N.I.

(g)whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.

The Disability Rights Commission Act 1999 (c. 17)E+W+S+N.I.

56In section 8(4)(a) of the Disability Rights Commission Act 1999 (charges to recover costs of assistance in legal proceedings subject to any charge for benefit of Legal Aid Board), for the words from “under” to “Board” substitute “ imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission ”.

Section 41.

SCHEDULE 5E+W+S+N.I. Authorised bodies: designation and regulations and rules

1For sections 29 and 30 of the M17Courts and Legal Services Act 1990 substitute—

29 Authorised bodies.

The provisions of Schedule 4 shall have effect with respect to the authorisation of bodies for the purposes of sections 27 and 28 and the approval and alteration of qualification regulations and rules of conduct.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

2For Schedule 4 to that Act substitute—

Section 29.

SCHEDULE 4E+W+S+N.I. Authorised bodies

Part IE+W+S+N.I. Designation of bodies and approval of regulations and rules
Application to Lord ChancellorE+W+S+N.I.

1(1)If a professional or other body wishes to grant rights of audience or rights to conduct litigation to any of its members, it shall apply to the Lord Chancellor in writing for him—

(a)to recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and

(b)to approve what the body proposes as qualification regulations and rules of conduct in relation to the proposed rights.

(2)An application under this paragraph shall be accompanied by—

(a)a statement of the proposed rights;

(b)the proposed qualification regulations and rules of conduct; and

(c)such explanatory material (including material about the applicant’s constitution and activities) as the applicant considers is likely to be needed for the purposes of this Part of this Schedule.

(3)The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require.

(4)The Lord Chancellor shall send a copy of—

(a)the application and accompanying material; and

(b)any information provided under sub-paragraph (3),

to the Consultative Panel, the Director and each of the designated judges.

Advice of Consultative PanelE+W+S+N.I.

2(1)The Consultative Panel shall consider whether the application should be granted.

(2)The applicant shall provide the Consultative Panel with such additional information as it may reasonably require.

(3)When the Consultative Panel has completed its consideration it shall give such advice to the Lord Chancellor as it thinks fit.

(4)The Consultative Panel shall publish any advice given by it under this paragraph.

Advice of Director General of Fair TradingE+W+S+N.I.

3(1)The Director shall consider whether granting the application would have, or be likely to have, any significant effect on competition.

(2)The applicant shall provide the Director with such additional information as he may reasonably require.

(3)When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(4)The Director shall publish any advice given by him under this paragraph.

(5)The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.

(6)Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.

Representations by applicantE+W+S+N.I.

4(1)When the Lord Chancellor has received the advice of the Consultative Panel and the Director, he shall send a copy of the advice to the applicant.

(2)The applicant shall be allowed a period of 28 days beginning with the day on which the copy is sent to him, or such other period as the applicant and the Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor.

Advice of designated judgesE+W+S+N.I.

5(1)The Lord Chancellor shall send to each of the designated judges a copy of—

(a)the advice of the Consultative Panel and the Director; and

(b)any representations made under paragraph 4(2).

(2)Each of the designated judges shall then consider whether the application should be granted.

(3)The applicant shall provide each of the designated judges with such additional information as he may reasonably require.

(4)When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

Decision by Lord ChancellorE+W+S+N.I.

6(1)After considering—

(a)the advice given by the Consultative Panel and any representations made about it;

(b)the advice given by the Director and any representations made about it; and

(c)the advice given by each of the designated judges,

the Lord Chancellor shall decide whether to grant the application.

(2)When the Lord Chancellor has made his decision he shall notify the applicant of it.

(3)If the Lord Chancellor has decided to refuse the application he shall also notify the applicant of the reasons for his decision.

Effect of grant of applicationE+W+S+N.I.

7Where the application is granted—

(a)the Lord Chancellor may recommend to Her Majesty that an Order in Council be made designating the body as an authorised body for the purposes of section 27 (if it proposes to grant rights of audience) or section 28 (if it proposes to grant rights to conduct litigation); and

(b)the proposed regulations and rules are approved as qualification regulations and rules of conduct in relation to the proposed rights.

Part IIE+W+S+N.I. Approval in cases of altered regulations, rules or rights
Requirement of approvalE+W+S+N.I.

8(1)If an authorised body makes an alteration of its qualification regulations or rules of conduct, the alteration shall not have effect unless approved by the Lord Chancellor.

(2)If an authorised body makes an alteration of—

(a)any rights of audience granted by it (including the grant of a new right of audience); or

(b)any rights to conduct litigation granted by it (including the grant of a new right to conduct litigation),

the qualification regulations and rules of conduct of the body shall not have effect in relation to the rights as altered unless approved by the Lord Chancellor.

(3)If a question arises whether approval is required by virtue of this paragraph it shall be for the Lord Chancellor to decide.

Application to Lord ChancellorE+W+S+N.I.

9(1)An application by a body for the Lord Chancellor to approve—

(a)an alteration of qualification regulations or rules of conduct; or

(b)qualification regulations or rules of conduct in relation to altered rights,

shall be made in writing.

(2)The application shall be accompanied by—

(a)the qualification regulations and rules of conduct;

(b)a statement of the alteration of the regulations, rules or rights; and

(c)such explanatory material as the applicant considers is likely to be needed for the purposes of this Part of this Schedule.

(3)The applicant shall provide the Lord Chancellor with such additional information as he may reasonably require.

(4)The Lord Chancellor shall—

(a)send a copy of the application and accompanying material and any information provided under sub-paragraph (3) to each of the designated judges; and

(b)consider whether it would be appropriate to seek the advice of either or both of the Consultative Panel and the Director.

Early advice of designated judgesE+W+S+N.I.

10(1)If the Lord Chancellor considers that it would not be appropriate to seek the advice of the Consultative Panel or the Director, he—

(a)shall inform each of the designated judges that that is his view; and

(b)may inform each of them of his provisional view as to whether or not the application should be granted.

(2)If so informed, each of the designated judges shall consider whether the application should be granted.

(3)The applicant shall provide each of the designated judges with such additional information as he may reasonably require.

(4)When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(5)After considering the advice given by each of the designated judges, the Lord Chancellor shall consider again whether or not it would be appropriate to seek the advice of either or both of—

(a)the Consultative Panel; and

(b)the Director,

before deciding whether to grant the application.

Advice of Consultative PanelE+W+S+N.I.

11(1)If the Lord Chancellor decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the Consultative Panel, he shall send to the Consultative Panel a copy of—

(a)the application and accompanying material; and

(b)any information provided under paragraph 9(3).

(2)The Consultative Panel shall consider whether the application should be granted.

(3)The applicant shall provide the Consultative Panel with such additional information as it may reasonably require.

(4)When the Consultative Panel has completed its consideration it shall give such advice to the Lord Chancellor as it thinks fit.

(5)The Consultative Panel shall publish any advice given by it under this paragraph.

Advice of Director General of Fair TradingE+W+S+N.I.

12(1)If the Lord Chancellor decides (after considering the matter under paragraph 9(4)(b) or 10(5)) to seek the advice of the Director, he shall send to the Director a copy of—

(a)the application and accompanying material; and

(b)any information provided under paragraph 9(3).

(2)The Director shall consider whether granting the application would have, or be likely to have, any significant effect on competition.

(3)The applicant shall provide the Director with such additional information as he may reasonably require.

(4)When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(5)The Director shall publish any advice given by him under this paragraph.

(6)The Director shall, so far as practicable, exclude from anything published under sub-paragraph (5) any matter which relates to the affairs of a particular person (other than the applicant) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.

(7)Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.

Representations by applicantE+W+S+N.I.

13(1)If the Lord Chancellor has sought the advice of the Consultative Panel or the Director he shall, on receiving it, send a copy to the applicant.

(2)The applicant shall be allowed a period of 28 days beginning with the day on which the copy is sent to him, or such other period as the applicant and the Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor.

Advice or further advice of designated judgesE+W+S+N.I.

14(1)If the Lord Chancellor has sought the advice of the Consultative Panel or the Director he shall, on receiving it, send to each of the designated judges a copy of—

(a)the advice; and

(b)any representations made under paragraph 13(2).

(2)Each of the designated judges shall then consider (or consider again) whether the application should be granted.

(3)The applicant shall provide each of the designated judges with such additional information as he may reasonably require.

(4)When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

Decision by Lord ChancellorE+W+S+N.I.

15(1)After considering—

(a)any advice given by the Consultative Panel and any representations made about it;

(b)any advice given by the Director and any representations made about it; and

(c)the advice given by each of the designated judges (under paragraph 10 or 14 or both of those paragraphs),

the Lord Chancellor shall decide whether to grant the application.

(2)The Lord Chancellor may not refuse the application unless he has received advice from the Consultative Panel.

(3)When the Lord Chancellor has made his decision he shall notify the applicant of it.

(4)If the Lord Chancellor has decided to refuse the application he shall also notify the applicant of the reasons for his decision.

Effect of grant of applicationE+W+S+N.I.

16Where the application is granted—

(a)in a case within sub-paragraph (1) of paragraph 8, the alteration of the qualification regulations or rules of conduct is approved; and

(b)in a case within sub-paragraph (2) of that paragraph, the qualification regulations or rules of conduct are approved in relation to the rights as altered.

Part IIIE+W+S+N.I. Alteration of regulations and rules by order
Notice to authorised bodyE+W+S+N.I.

17(1)If the Lord Chancellor considers—

(a)that any of the qualification regulations of an authorised body may unduly restrict a right of audience or right to conduct litigation or the exercise of such a right, or

(b)that any of the rules of conduct of an authorised body may unduly restrict the exercise of such a right,

he may give written notice to the body.

(2)Before giving notice to an authorised body under sub-paragraph (1) the Lord Chancellor shall inform each of the designated judges that he intends to do so.

Representations by authorised bodyE+W+S+N.I.

18(1)The notice shall invite the authorised body to make representations in writing to the Lord Chancellor.

(2)Any such representations must be made before the end of—

(a)the period of three months beginning with the date on which the notice was given; or

(b)such other period as the authorised body and the Lord Chancellor may agree.

(3)When that period has expired the Lord Chancellor shall consider, in the light of any representations made under sub-paragraph (2), whether he proposes to make alterations of the qualification regulations or rules of conduct.

(4)If the Lord Chancellor proposes to make alterations of the qualification regulations or rules of conduct he shall send a copy of—

(a)the alterations which he proposes to make; and

(b)any representations made under sub-paragraph (2),

to the Consultative Panel, the Director and each of the designated judges.

Advice of Consultative PanelE+W+S+N.I.

19(1)The Consultative Panel shall consider whether the alterations should be made.

(2)The Lord Chancellor and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require.

(3)When the Consultative Panel has completed its consideration it shall give such advice to the Lord Chancellor as it thinks fit.

(4)The Consultative Panel shall publish any advice given by it under this paragraph.

Advice of Director General of Fair TradingE+W+S+N.I.

20(1)The Director shall consider whether making the alterations would have, or be likely to have, any significant effect on competition.

(2)The Lord Chancellor and the authorised body shall provide the Director with such additional information as he may reasonably require.

(3)When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(4)The Director shall publish any advice given by him under this paragraph.

(5)The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.

(6)Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.

Further representations by authorised bodyE+W+S+N.I.

21(1)When the Lord Chancellor has received the advice of the Consultative Panel and the Director, he shall send a copy of the advice to the authorised body.

(2)The authorised body shall be allowed a period of 28 days, beginning with the day on which the copy is sent to him, or such other period as the authorised body and the Lord Chancellor may agree, to make representations about the advice to the Lord Chancellor.

Advice of designated judgesE+W+S+N.I.

22(1)The Lord Chancellor shall send to each of the designated judges a copy of—

(a)the advice of the Consultative Panel and the Director; and

(b)any representations made under paragraph 21(2).

(2)Each of the designated judges shall then consider whether the alterations should be made.

(3)The Lord Chancellor and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require.

(4)When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

Decision by Lord ChancellorE+W+S+N.I.

23(1)After considering—

(a)the advice given by the Consultative Panel and any representations made about it;

(b)the advice given by the Director and any representations made about it; and

(c)the advice given by each of the designated judges under paragraph 22,

the Lord Chancellor shall decide whether to make the alterations.

(2)When the Lord Chancellor has made his decision he shall notify the authorised body of it.

(3)If the Lord Chancellor has decided to make the alterations he shall also notify the authorised body of the reasons for his decision.

Order effecting alterationsE+W+S+N.I.

24If the Lord Chancellor has decided to make the alterations he may make an order giving effect to the alterations.

Part IVE+W+S+N.I. Revocation of designation
Order in CouncilE+W+S+N.I.

25(1)Where an Order in Council has been made designating a body as an authorised body for the purposes of section 27, or for the purposes of section 28, the Lord Chancellor may recommend to Her Majesty that an Order in Council be made revoking that designation.

(2)A recommendation may be made under sub-paragraph (1) only if—

(a)the authorised body has made a written request to the Lord Chancellor asking for it to be made;

(b)the authorised body has agreed in writing to its being made; or

(c)the Lord Chancellor is satisfied that the circumstances at the time when he is considering whether to make the recommendation are such that, had that body then been applying to become an authorised body, its application would have failed.

Requirement to seek adviceE+W+S+N.I.

26Where the Lord Chancellor considers that it may be appropriate for him to make a recommendation in reliance on paragraph 25(2)(c), he shall seek the advice of the Consultative Panel and the Director.

Advice of Consultative PanelE+W+S+N.I.

27(1)The Consultative Panel shall carry out such investigations with respect to the authorised body as it considers appropriate.

(2)The Lord Chancellor and the authorised body shall provide the Consultative Panel with such additional information as it may reasonably require.

(3)When the Consultative Panel has completed its investigations it shall—

(a)advise the Lord Chancellor as to whether or not there appear to be grounds for making the recommendation; and

(b)if its advice is that there appear to be such grounds, advise the Lord Chancellor as to the transitional and incidental provision (if any) which it considers should be included in any Order made in pursuance of it.

(4)The Consultative Panel shall publish any advice given by it under this paragraph.

Advice of Director General of Fair TradingE+W+S+N.I.

28(1)The Director shall consider whether revoking the designation would have, or be likely to have, any significant effect on competition.

(2)The Lord Chancellor and the authorised body shall provide the Director with such additional information as he may reasonably require.

(3)When the Director has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

(4)The Director shall publish any advice given by him under this paragraph.

(5)The Director shall, so far as practicable, exclude from anything published under sub-paragraph (4) any matter which relates to the affairs of a particular person (other than the authorised body) the publication of which would, or might in the Director’s opinion, seriously and prejudicially affect the interests of that person.

(6)Section 46 shall apply in relation to the investigation of any matter with a view to its consideration under this paragraph as it applies in relation to the investigation of any matter under section 45.

Notice to authorised bodyE+W+S+N.I.

29(1)When the Lord Chancellor has received the advice of the Consultative Panel and the Director, he may give to the body a notice containing—

(a)a copy of the advice; and

(b)a statement of the effect of an Order made in pursuance of the recommendation.

(2)The notice shall invite the authorised body to make representations in writing to the Lord Chancellor.

(3)Any such representations must be made before the end of—

(a)the period of three months beginning with the date on which the notice was given; or

(b)such other period as the authorised body and the Lord Chancellor may agree.

Notice to members of authorised bodyE+W+S+N.I.

30(1)Where the Lord Chancellor—

(a)has given a notice to an authorised body under paragraph 29(1); or

(b)is proposing to make a recommendation in relation to an authorised body in reliance on paragraph 25(2)(a) or (b),

he shall take such steps as are reasonably practicable to bring the matter to the attention of the members of the authorised body and of any other persons who, in his opinion, are likely to be affected by an Order made in pursuance of the recommendation.

(2)Any such steps shall include inviting those members and other persons to make representations to the Lord Chancellor.

(3)Any such representations—

(a)shall, except in such circumstances as the Lord Chancellor may specify, be in writing; and

(b)must be made before the end of the period of three months beginning with such date as may be specified by the Lord Chancellor.

Advice of designated judgesE+W+S+N.I.

31(1)The Lord Chancellor shall send to each of the designated judges—

(a)a copy of any written representations made under paragraph 30 and a note of any oral representations made under that paragraph; and

(b)in a case where he is required to seek the advice of the Consultative Panel and the Director, a copy of the advice given to him by the Consultative Panel and the Director and of any representations made under paragraph 29.

(2)Each of the designated judges shall then consider whether the Lord Chancellor should make the recommendation.

(3)The Lord Chancellor and the authorised body shall provide each of the designated judges with such additional information as he may reasonably require.

(4)When each of the designated judges has completed his consideration he shall give such advice to the Lord Chancellor as he thinks fit.

Consideration by Lord ChancellorE+W+S+N.I.

32Before deciding whether to make the recommendation the Lord Chancellor shall consider—

(a)any representations made under paragraph 30 and the advice given by each of the designated judges; and

(b)in a case where he is required to seek the advice of the Consultative Panel and the Director, the advice given to him by the Consultative Panel and the Director and of any representations made under paragraph 29.

The OrderE+W+S+N.I.

33(1)An Order made in pursuance of a recommendation under paragraph 25 may include any appropriate transitional and incidental provision.

(2)Where an Order is made in relation to a body in pursuance of such a recommendation, the grant of any rights of audience, or rights to conduct litigation, to any person by the body shall cease to have effect, subject to any transitional provision included in the Order.

(3)Where such an Order is made, the Lord Chancellor shall—

(a)give the body written notice of the making of the Order and of his reasons for recommending that it be made;

(b)take such steps as are reasonably practicable to bring the making of the Order to the attention of the members of that body; and

(c)publish notice of the making of the Order in such manner as he considers appropriate for bringing it to the attention of persons (other than those members) who, in his opinion, are likely to be affected by the Order.

Section 43.

SCHEDULE 6E+W+S+N.I. Rights of audience and rights to conduct litigation

The Solicitors Act 1974 (c.47)E+W+S+N.I.

1The Solicitors Act 1974 has effect subject to the following amendments.

2In section 2(4) (Lord Chief Justice or Master of the Rolls deemed to concur in making of regulations approved by him under Schedule 4 to the M18Courts and Legal Services Act 1990), for the words from “, the Lord Chief Justice” to the end substitute “ approves any regulation such as is mentioned in subsection (1), the requirement of the concurrence of the Lord Chief Justice and the Master of the Rolls imposed by that subsection shall not apply. ”

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Marginal Citations

3In section 31(3) (Master of the Rolls deemed to concur in making of rules approved by him under Schedule 4 to the M19Courts and Legal Services Act 1990), for the words from “Master of the Rolls” to the end substitute “ Lord Chancellor approves any rule such as is mentioned in subsection (1), the requirement of the concurrence of the Master of the Rolls imposed by that subsection shall not apply. ”

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Marginal Citations

The Courts and Legal Services Act 1990 (c.41)E+W+S+N.I.

4The Courts and Legal Services Act 1990 has effect subject to the following amendments.E+W+S+N.I.

5(1)Section 18 (duty to exercise functions as soon as reasonably practicable and in accordance with that section) is amended as follows.

(2)In subsection (1) (matters to which duty relates), in paragraph (c) (approval of qualification regulations or rules of conduct), after “approval” insert “ or alteration ”.

(3)After that subsection insert—

(1A)Where any person other than the Lord Chancellor is called upon to exercise any such functions, the Lord Chancellor may require him to do so within such time as the Lord Chancellor may reasonably specify.

6(1)Section 27 (rights of audience) is amended as follows.

(2)In subsection (2)(a)(ii) (approval of qualification regulations and rules of conduct in relation to granting of right), omit “the granting of”.

(3)After subsection (8) insert—

(8A)But a court may not limit the right to appear before the court in any proceedings to only some of those who have the right by virtue of the provisions of this section.

(4)In subsection (9)—

(a)in the definition of “qualification regulations”, after “entitled to” insert “ , or to exercise, ”, and

(b)in the definition of “qualified litigator”, for “(“practising” having the same meaning as in section 19(8)(b))” substitute “ (that is, one who has a practising certificate in force or is employed wholly or mainly for the purpose of providing legal services to his employer) ”.

7(1)Section 28 (rights to conduct litigation) is amended as follows.

(2)In subsection (2)(a)(ii) (approval of qualification regulations and rules of conduct in relation to granting of right), omit “the granting of”.

(3)After subsection (4) insert—

(4A)A court may not limit the right to conduct litigation in relation to proceedings before the court to only some of those who have the right by virtue of the provisions of this section.

(4)In subsection (5), in the definition of “qualification regulations”, after “entitled to” insert “ , or to exercise, ”.

8In section 53(6)(a) (Council for Licensed Conveyancers), for “section 29” substitute “ Schedule 4 ”.

9In section 71 (qualification for judicial appointments), for subsection (6) substitute—E+W+S+N.I.

(6)Any period during which a person had a right of audience but was, as a result of disciplinary proceedings, prevented by the authorised body concerned from exercising it shall not count towards the period mentioned in subsection (5)(b).

10(1)Section 119(1) (interpretation) is amended as follows.E+W+S+N.I.

(2)In the definition of “right of audience”, for “exercise any of the functions of appearing before and addressing a court including the calling and examining of” substitute “ appear before and address a court including the right to call and examine ”.

(3)In the definition of “right to conduct litigation”, for “exercise all or any of the functions of issuing a writ or otherwise commencing” substitute “ issue ”.

11(1)Section 120 (subordinate legislation) is amended as follows.

(2)In subsection (4) (orders and regulations subject to affirmative procedure), for “or paragraph 4” substitute “ , paragraph 24 of Schedule 4, paragraph 4 ”.

(3)In subsection (5) (Orders in Council subject to affirmative procedure), for “section 29(2) or 30(1)” substitute “ Part I or Part IV of Schedule 4 ”.

Section 48.

SCHEDULE 7E+W+S+N.I. Powers of Law Society

Monitoring of compliance with rulesE+W+S+N.I.

1In section 31(1) of the M20Solicitors Act 1974 (power of Council of the Law Society to make rules about professional practice, conduct and discipline), insert at the end “ and for empowering the Society to take such action as may be appropriate to enable the Society to ascertain whether or not the provisions of rules made, or of any code or guidance issued, by the Council are being complied with. ”E+W+S+N.I.

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Marginal Citations

Bank and building society accountsE+W+S+N.I.

2In—E+W+S+N.I.

(a)section 32(4) of that Act (power of Council of the Law Society to disclose report or information about solicitor’s accounts to Director of Public Prosecutions for investigation and prosecution of offences), and

(b)paragraph 3 of Schedule 2 to the M21Administration of Justice Act 1985 (corresponding provision in relation to accounts of incorporated practices),

omit “to the Director of Public Prosecutions” and “, if the Director thinks fit,”.

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Marginal Citations

3In the Solicitors Act 1974, after section 33 insert—E+W+S+N.I.

33A Inspection of practice bank accounts etc.

(1)The Council may make rules, with the concurrence of the Master of the Rolls, empowering the Council to require a solicitor to produce documents relating to any account kept by him at a bank or with a building society—

(a)in connection with his practice; or

(b)in connection with any trust of which he is or formerly was a trustee,

for inspection by a person appointed by the Council pursuant to the rules.

(2)The Council shall be at liberty to disclose information obtained in exercise of the powers conferred by rules made under subsection (1) for use in investigating the possible commission of an offence by the solicitor and for use in connection with any prosecution of the solicitor consequent on the investigation.

4In section 87(1) of that Act (interpretation), in the definition of “building society”, omit “; and a reference to an account with a building society is a reference to a deposit account”.E+W+S+N.I.

5In Schedule 2 to the M22Administration of Justice Act 1985, after paragraph 4 insert—E+W+S+N.I.

Inspection of bank accounts

4A.Where rules made under section 33A(1) of the 1974 Act are applied to recognised bodies in accordance with section 9(2)(f) of this Act, the Council shall be at liberty to disclose information about a recognised body’s accounts obtained in pursuance of the rules for use in investigating the possible commission of an offence by that body and for use in connection with any prosecution of that body consequent on the investigation.

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Marginal Citations

Intervention for breach of rules on practice, conduct and disciplineE+W+S+N.I.

6In Schedule 1 to the M23Solicitors Act 1974 (intervention in solicitor’s practice), in paragraph 1(1) (circumstances in which Law Society may intervene), in paragraph (c) (failure to comply with rules made by virtue of section 32 or 37(2)(c)), after “section” insert “ 31, ”.E+W+S+N.I.

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Marginal Citations

Solicitors’ employees and consultantsE+W+S+N.I.

7(1)Section 43 of that Act (control of employment of clerks) is amended as follows.

(2)In subsection (1) (power of Law Society to apply to Solicitors Disciplinary Tribunal for order in the case of clerk guilty of an offence of dishonesty or other act which makes it undesirable for him to be employed by solicitor)—

(a)for “a clerk to a solicitor” substitute “ employed or remunerated by a solicitor in connection with his practice ”,

(b)after “employed” (in both places) insert “ or remunerated ”,

(c)for “to whom he is or was clerk” substitute “ by whom he is or was employed or remunerated ”, and

(d)for the words from “an application” to the end substitute “ the Society may either make, or make an application to the Tribunal for it to make, an order under subsection (2) with respect to him. ”

(3)After that subsection insert—

(1A)Where the Society investigates whether there are grounds for making, or making an application to the Tribunal for it to make, an order under subsection (2) with respect to a person, the Council may direct him to pay to the Council an amount which—

(a)is calculated by the Council as the cost to the Society of investigating the matter; or

(b)in the opinion of the Council represents a reasonable contribution towards that cost.

(4)In subsection (2) (order of Tribunal barring solicitor from employing the clerk)—

(a)for the words from the beginning to “an order” substitute “ An order under this subsection made by the Society or the Tribunal shall state ”, and

(b)for “application is” substitute “ order is ”.

(5)For subsection (3) (revocation by Tribunal) substitute—

(3)Where an order has been made under subsection (2) with respect to a person by the Society or the Tribunal—

(a)that person or the Society may make an application to the Tribunal for it to be reviewed, and

(b)whichever of the Society and the Tribunal made it may at any time revoke it.

(3A)On the review of an order under subsection (3) the Tribunal may order—

(a)the quashing of the order;

(b)the variation of the order; or

(c)the confirmation of the order;

and where in the opinion of the Tribunal no prima facie case for quashing or varying the order is shown, the Tribunal may order its confirmation without hearing the applicant.

(6)In subsection (5) (inspection of orders), for “this section and filed with the Society” substitute “ subsection (2) by the Society, or made, varied or confirmed under this section by the Tribunal and filed with the Society, ”.

(7)In the sidenote, for “employment of certain clerks” substitute “ solicitors’ employees and consultants ”.

8In section 44(2) of that Act (breach of order by solicitor), for the words from “an order” to the end of paragraph (b) substitute “ an order under section 43(2) is in force in respect of a person ”.E+W+S+N.I.

9(1)Section 49 of that Act (appeals from Tribunal) is amended as follows.E+W+S+N.I.

(2)In subsection (3) (who can appeal)—

(a)for “43(2)” substitute “ 43(3A) ”, and

(b)for “application” substitute “ order ”.

(3)In subsection (6) (finality of appeal), for “43(2)” substitute “ 43(3A) ”.

10In paragraph 11(1) of Schedule 2 to the M24Administration of Justice Act 1985 (control of employment of employees of recognised bodies)—

(a)after “employed” (in each place) insert “ or remunerated ”, and

(b)for the words from “an application” to the end substitute “ the Society may either make, or make an application to the Tribunal for it to make, an order under subsection (2) of section 43 of the 1974 Act with respect to him. ”

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Marginal Citations

Power to examine filesE+W+S+N.I.

11(1)Section 44B of the M25Solicitors Act 1974 (power of Law Society to examine files of solicitor or his firm in connection with complaints) is amended as follows.

(2)In subsection (1), for the words from “investigating” to the end of paragraph (b) substitute investigating—

(a)whether there has been professional misconduct by a solicitor;

(b)whether a solicitor has failed to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council;

(c)whether any professional services provided by a solicitor were not of the quality which it is reasonable to expect of him as a solicitor; or

(d)whether there are grounds for making, or making an application to the Tribunal for it to make, an order under section 43(2) with respect to a person who is or was employed or remunerated by a solicitor in connection with his practice,;

and for the words from “all documents” to the end substitute “ all relevant documents in the possession of the solicitor or his firm. ”

(3)For the sidenote substitute “ Examination of files. ”

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Marginal Citations

12In paragraph 14(1) of Schedule 2 to the M26Administration of Justice Act 1985 (power of Law Society to examine files of recognised body in connection with complaints), for paragraphs (a) and (b) substitute—

(a)whether a recognised body has failed to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council and applicable to it by virtue of section 9 of this Act;

(b)whether any professional services provided by a recognised body were not of the quality which it is reasonable to expect of it as a recognised body; or

(c)whether there are grounds for making, or making an application to the Tribunal for it to make, an order under section 43(2) with respect to a person who is or was employed or remunerated by a recognised body in connection with its business,;

and for the words from “all documents” to the end substitute “ all relevant documents in the body’s possession. ”

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Marginal Citations

Payment of costs by solicitor under investigationE+W+S+N.I.

13In the Solicitors Act 1974, after section 44B insert—E+W+S+N.I.

Costs of investigationsE+W+S+N.I.

44C Payment of costs of investigations.

Where the Society investigates possible professional misconduct by a solicitor, or a failure or apprehended failure by a solicitor to comply with any requirement imposed by or by virtue of this Act or any rules made by the Council, the Council may direct him to pay to the Council an amount which—

(a)is calculated by the Council as the cost to the Society of investigating and dealing with the matter; or

(b)in the opinion of the Council represents a reasonable contribution towards that cost.

14In Schedule 2 to the M27Administration of Justice Act 1985, after paragraph 14 insert—E+W+S+N.I.

Payment of costs of investigationsE+W+S+N.I.

14AWhere the Society investigates a failure or apprehended failure by a recognised body to comply with any requirement imposed by or by virtue of this Act or any rules applicable to it by virtue of section 9 of this Act, the Council may direct the body to pay to the Council an amount which—

(a)is calculated by the Council as the cost to the Society of the investigation; or

(b)in the opinion of the Council represents a reasonable contribution towards that cost.

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Marginal Citations

Registered foreign lawyersE+W+S+N.I.

15Subsections (5) to (7) of section 89 of the M28Courts and Legal Services Act 1990 power to apply existing provisions to registered foreign lawyers with or without modifications and power to modify existing provisions in their application to recognised bodies whose officers include registered foreign lawyers) apply in relation to the provisions contained in this Schedule as if they were contained in an Act passed before the commencement of that section.E+W+S+N.I.

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Marginal Citations

Section 51.

SCHEDULE 8E+W Legal Services Complaints Commissioner

Provision for discharge of functionsE+W

1(1)The [F53Secretary of State]F53 may give general directions concerning the discharge of the functions of the Legal Services Complaints Commissioner.E+W

(2)Any such directions shall be published by the [F53Secretary of State]F53 in such manner as appears to him to be appropriate.

(3)Subject to any such direction and to the provisions of this Act, the Commissioner may make such provision as he considers appropriate for the discharge of his functions.

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Amendments (Textual)

Delegation of functionsE+W

2(1)The Commissioner may delegate any of his functions to such members of his staff as he thinks fit.E+W

(2)All reports prepared by or on behalf of the Commissioner must be signed by him.

RemunerationE+W

3(1)The [F54 Secretary of State]F54 shall pay to, or in respect of, the Commissioner such amounts—E+W

(a)by way of remuneration, pensions, allowances or gratuities, or

(b)by way of provision for any such benefits,

as he may determine.

(2)If—

(a)the Commissioner ceases to hold office, and

(b)it appears to the [F54 Secretary of State]F54 that there are special circumstances which make it right that he should receive compensation,

the [F54 Secretary of State]F54 may pay to him such sum as the [F54 Secretary of State]F54 may determine.

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Amendments (Textual)

StaffE+W

4(1)The Commissioner may appoint such staff as he thinks necessary for the discharge of his functions.E+W

(2)Appointments shall be made by the Commissioner on such terms and conditions (including terms as to pensions, allowances and gratuities) as he may, with the approval of the [F55Secretary of State]F55, determine.

(3)The reference in sub-paragraph (2) to pensions, allowances or gratuities includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Commissioner’s staff who suffer loss of employment or loss or diminution of emoluments.

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Amendments (Textual)

Annual and other reportsE+W

5(1)The Commissioner shall make an annual report to the [F56 Secretary of State]F56 on the discharge of his functions during the year to which the report relates.E+W

(2)The Commissioner may, in addition, report to the [F56 Secretary of State]F56 at any time on any matter relating to the discharge of the Commissioner’s functions.

(3)The Commissioner shall provide the [F56 Secretary of State]F56 with such information relating to the discharge of his functions as the [F56 Secretary of State]F56 may see fit to require.

(4)The [F56 Secretary of State]F56 shall lay before each House of Parliament a copy of any annual report made to him under sub-paragraph (1).

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Amendments (Textual)

Accounts and auditE+W

6(1)The Commissioner shall keep accounts with respect to his receipts and expenditure and shall prepare a statement of accounts with respect to each financial year.E+W

(2)The accounts shall be kept, and the statement of accounts prepared, in such form as the [F57 Secretary of State]F57 may, with the approval of the Treasury, direct.

(3)The accounts shall be audited by persons appointed by the [F57 Secretary of State]F57 in respect of each financial year.

(4)The auditors shall send to the [F57 Secretary of State]F57 a copy of the statement of accounts and of their report.

(5)The [F57 Secretary of State]F57 shall lay before each House of Parliament a copy of every statement of accounts and auditors’ report sent to him under this paragraph.

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Amendments (Textual)

Financial provisionsE+W

7(1)The [F58 Secretary of State]F58 may require any professional body in relation to which a direction under section 52 of this Act has been given (and not revoked) to make payments of such amounts as the [F58 Secretary of State]F58 considers appropriate to the Commissioner towards meeting the expenditure incurred (or to be incurred) by him in the discharge of his functions.E+W

(2)To the extent that that expenditure is not met by payments under sub-paragraph (1), it shall be met by the [F58 Secretary of State]F58 out of money provided by Parliament.

(3)The Commissioner may, with the approval of the [F58 Secretary of State]F58 , pay fees or allowances to any person who, in the Commissioner’s opinion, is qualified to assist him in the discharge of his functions and who so assists him.

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Amendments (Textual)

Modifications etc. (not altering text)

Parliamentary disqualificationE+W

8In Part III of Schedule 1 to—E+W

(a)the M29House of Commons Disqualification Act 1975, and

(b)the M30Northern Ireland Assembly Disqualification Act 1975,

(disqualifying offices), insert (at the appropriate place in alphabetical order)—

The Legal Services Complaints Commissioner.

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Marginal Citations

Parliamentary CommissionerE+W

9In Schedule 2 to the M31Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), insert (at the appropriate place in alphabetical order)—E+W

The Legal Services Complaints Commissioner.

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Marginal Citations

Acting CommissionerE+W

10(1)The [F59 Secretary of State]F59 may appoint a person to exercise the functions of the Commissioner where—E+W

(a)the Commissioner’s office becomes vacant, or

(b)the Commissioner is incapable of exercising his functions or considers that it would be inappropriate for him to exercise any of his functions in connection with a particular matter (because of a possible conflict of interests or for any other reason).

(2)A person so appointed shall have the powers of the Commissioner but shall act only in accordance with the terms on which he is appointed.

(3)The [F59 Secretary of State]F59 may pay to any person so appointed such remuneration as he may determine.

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Amendments (Textual)

F60SCHEDULE 9E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Section 76.

SCHEDULE 10E+W Commission areas and petty sessions areas

The Parochial Libraries Act 1708 (c.14)E+W

1F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F61Sch. 10 para. 1 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 6 Group 5}; and this same provision expressed to be repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)

The Distress for Rent Act 1737 (c.19)E+W

2F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Inclosure Act 1773 (c.81)E+W

3F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Burial Ground Act 1816 (c.141)E+W

4F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Inclosure and Drainage (Rates) Act 1833 (c.35)E+W

5F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Ordnance Survey Act 1841 (c.30)E+W

6F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Geological Survey Act 1845 (c.63)E+W

7F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Inclosure Act 1845 (c.118)E+W

8In section 159 of the Inclosure Act 1845 (recovery of penalties), after “county” insert “ or other jurisdiction ”.E+W

The Hares Act 1848 (c.29)E+W

9F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Fairs Act 1873 (c.37)E+W

10F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Commons Act 1876 (c.56)E+W

11F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Municipal Corporations Act 1882 (c.50)E+W

12F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Local Government Act 1888 (c.41)E+W

13In section 28(2) of the Local Government Act 1888 (power of county council to delegate to justices of the county functions relating to contagious diseases of animals), for “county sitting in petty sessions” substitute “ peace for a commission area consisting of or including the whole or part of the county ”.E+W

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

14F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

15F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

16F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Criminal Justice Act 1948 (c.58)E+W

F7517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Prevention of Damage by Pests Act 1949 (c.55)E+W

18F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The National Parks and Access to the Countryside Act 1949 (c.97)E+W

19F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c.65)E+W

20F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Prison Act 1952 (c.52)E+W

21In section 19(1) of the Prison Act 1952 (right of justice to visit prison)—E+W

(a)F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for “county”, in the second and third places, substitute “ area ”.

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Amendments (Textual)

The Maintenance Orders Act 1958 (c.39)E+W

22In section 21(1) of the Maintenance Orders Act 1958 (interpretation), in the definition of “magistrates’ court” and “petty sessions area”, for the words from “and “petty sessions area”” to “court” substitute “ has the meaning assigned to it by the M38Magistrates’ Courts Act 1980 and ”.E+W

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Marginal Citations

The Licensing Act 1964 (c.26)E+W

23F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

24F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

25F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

26F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

27F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

28F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

29F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Administration of Justice Act 1964 (c.42)E+W

30(1)Section 19 of the Administration of Justice Act 1964 (sheriff of Greater London and under-sheriffs for London commission areas) is amended as follows.E+W

(2)In subsection (1) (appointment of sheriff of Greater London and under-sheriff for each London commission area), for “and for each London commission area an under-sheriff shall be so appointed” substitute “ and an under-sheriff shall be so appointed for each area of Greater London (not including any part of the City) specified by the Lord Chancellor by order; and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament ”

(3)In subsection (2) (application of enactments to under-sheriffs as if London commission areas were counties), for “London commission area” substitute “ area specified by virtue of subsection (1) of this section ”.

(4)In subsection (4) (modification of M39Sheriffs Act 1887 in its application to Greater London)—

(a)for “London commission area” substitute “ area specified by virtue of subsection (1) of this section ”,

(b)F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)for the words from “shall be sent” to the end substitute “ shall be sent to the officer specified by the Lord Chancellor by order made by statutory instrument. ”

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Amendments (Textual)

Marginal Citations

The Sunday Theatre Act 1972 (c.26)E+W

31F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Solicitors Act 1974 (c.47)E+W

32F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Magistrates’ Courts Act 1980 (c.43)E+W

33The Magistrates’ Courts Act 1980 has effect subject to the following amendments.E+W

34In section 70 (jurisdiction in inner London for family proceedings), in subsection (3), in the definition of “inner London petty sessions area”, for the words after “means” substitute “ any petty sessions area falling wholly or partly within the area consisting of the inner London boroughs and the City of London. ”E+W

35F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

36F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

The Public Passenger Vehicles Act 1981 (c.14)E+W

37In section 82(1) of the Public Passenger Vehicles Act 1981 (interpretation), in the definition of “magistrates’ court” and “petty sessions area”, for “and “petty sessions area” have the same meanings” substitute “ has the same meaning ”.E+W

The Road Traffic Regulation Act 1984 (c.27)E+W

38In section 142(1) of the Road Traffic Regulation Act 1984 (interpretation), in the definition of “magistrates’ court” and “petty sessions area”, for “and “petty sessions area” have the same meanings” substitute “ has the same meaning ”.E+W

The Criminal Justice Act 1991 (c.53)E+W

39F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F92Sch. 10 para. 39 repealed (1.4.2001) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c); and this same provision expressed to be repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)

The Local Government Finance Act 1992 (c.14)E+W

40(1)Section 46 of the Local Government Finance Act 1992 (special expenses of precepting authority) is amended as follows.E+W+S+N.I.

(2)In subsection (2)(d) (expenses of the Receiver relating to magistrates’ courts in the inner London area)—

(a)F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for “that area” substitute “ the inner London area ”.

(3)In subsection (4) (interpretation), in the definition of “inner London area”, for “has the same meaning as in the Justices of the Peace Act 1997” substitute “ means the area consisting of the inner London boroughs ”.

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Amendments (Textual)

The Probation Service Act 1993 (c.47)E+W

F9441. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F9542. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F9643. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F9744. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F9845. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Local Government (Wales) Act 1994 (c.19)E+W

46In section 55(3) of the Local Government (Wales) Act 1994 (alteration of areas in Wales in connection with alteration of local government area), for paragraphs (a) to (c) substitute “ the commission areas, petty sessions area or areas of magistrates’ courts committees in Wales. ”E+W

The Justices of the Peace Act 1997 (c.25)E+W

47F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

48F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

49F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

50F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

51F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F103Sch. 10 para. 51 repealed (1.4.2001) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c); and this same provision expressed to be repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)

52F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

53F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F105Sch. 10 para. 53 repealed (1.4.2001) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c); and this same provision expressed to be repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)

Section 78.

SCHEDULE 11E+W+S+N.I. Unification and renaming of stipendiary bench

The Metropolitan Police Act 1839 (c.47)E+W+S+N.I.

1The Metropolitan Police Act 1839 has effect subject to the following amendments.E+W+S+N.I.

2In section 52 (prevention of obstruction in neighbourhood of public buildings), for “police courts” substitute “ magistrates’ courts ”.E+W+S+N.I.

3F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

4In section 76 (complaints to be heard and determined by one of the police magistrates), for the words from “by one” to the end substitute “ by a District Judge (Magistrates’ Courts) ”.E+W+S+N.I.

The Metropolitan Police Courts Act 1840 (c.84)E+W+S+N.I.

5In section 13 of the Metropolitan Police Courts Act 1840 (duties of police magistrates in relation to deserted premises), for “police magistrates” (in both places) substitute “ District Judges (Magistrates’ Courts) ”.E+W+S+N.I.

The London Hackney Carriages Act 1843 (c.86)E+W+S+N.I.

6In section 24 of the London Hackney Carriages Act 1843 (application for summons to police court of district)—E+W+S+N.I.

(a)F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for “police court”, in each other place, substitute “ magistrates’ court ”.

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Amendments (Textual)

The London Hackney Carriages Act 1850 (c.7)E+W+S+N.I.

7In section 4 of the London Hackney Carriages Act 1850 (notice of hackney carriage standings to be hung in police courts), for “police courts” substitute “ magistrates’ courts acting for an area falling wholly within an inner London borough ”.E+W+S+N.I.

The London Hackney Carriage Act 1853 (c.33)E+W+S+N.I.

8In section 18 of the London Hackney Carriage Act 1853 (jurisdiction of police magistrates)—E+W+S+N.I.

(a)for “any one of the police magistrates at any of the Metropolitan Police Courts” substitute “ two justices of the peace ”, and

(b)omit the words from “or if the offence,”, in the first place, to “the county;”.

The Regulation of Railways Act 1871 (c.78)E+W+S+N.I.

9F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Metropolitan Police Courts Act 1897 (c.26)E+W+S+N.I.

10F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Law of Distress Amendment Act 1908 (c.53)E+W+S+N.I.

11In section 2 of the Law of Distress Amendment Act 1908 (order by stipendiary magistrate or two justices for restoration of goods illegally distrained by landlord etc.), for the words from “a stipendiary” to “or justices” substitute “ two justices who ”.E+W+S+N.I.

The Children and Young Persons Act 1933 (c.12)E+W+S+N.I.

12F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Local Government Act 1948 (c.26)E+W+S+N.I.

13(1)Section 121 of the Local Government Act 1948 (precept for expenses of metropolitan police) is amended as follows.E+W+S+N.I.

(2)In subsection (3) (precepts for expenses of metropolitan police courts and probation system in the metropolitan police court area)—

(a)for the first paragraph substitute—

(3)In relation to expenses of and incidental to magistrates’ courts acting for petty sessions areas falling wholly within the inner London boroughs and the probation system within those petty sessions areas respectively, precepts issued under this section shall be issued to all rating authorities with areas falling wholly within the area comprising those petty sessions areas:, and

(b)in the proviso, for “metropolitan police court area” substitute “ the area comprising those petty sessions areas ”.

(3)In subsection (6) (receipts), for “metropolitan police courts and the probation system within the metropolitan police court area” substitute “ magistrates’ courts acting for petty sessions areas falling wholly within the inner London boroughs and the probation system within those petty sessions areas ”.

(4)In subsection (7) (receipts exceeding expenses), for “metropolitan police courts or the probation system within the metropolitan police court area” substitute “ magistrates’ courts acting for petty sessions areas falling wholly within the inner London boroughs or the probation system within those petty sessions areas ”.

The Metropolitan Magistrates’ Courts Act 1959 (c.45)E+W+S+N.I.

14The Metropolitan Magistrates’ Courts Act 1959 (functions of Receiver) has effect subject to the following amendments.E+W+S+N.I.

F11115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

16In section 4(2) (borrowing power of Receiver), for the words “of the metropolitan magistrates’ courts” substitute “ of the magistrates’ courts acting for petty sessions areas falling wholly within the inner London boroughs ”.E+W+S+N.I.

The Licensing Act 1964 (c.26)E+W+S+N.I.

17F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Backing of Warrants (Republic of Ireland) Act 1965 (c.45)E+W+S+N.I.

18F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F113Sch. 11 para. 18 repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (subject to arts. 3-5 (as amended by S.I. 2003/3258, art. 2(2) and S.I. 2003/3312, art. 2(2)); and this same provision expressed to be repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)

The Courts Act 1971 (c.23)E+W+S+N.I.

19In Part IA of Schedule 2 to the Courts Act 1971 (certain office-holders eligible for appointment as Circuit judges), for “Stipendiary magistrate” substitute “ District Judge (Magistrates’ Courts). ”E+W+S+N.I.

The Local Government Act 1972 (c.70)E+W+S+N.I.

20In section 67(2)(b) of the Local Government Act 1972 (which provides that regulations may make provision about the functions or areas of jurisdiction of certain bodies or officers in connection with changes in local government areas in Wales)—E+W+S+N.I.

(a)for “justice of the peace, stipendiary magistrate” substitute “ justice of the peace other than a District Judge (Magistrates’ Courts), ” and

(b)after “police officers)” insert “ , and the functions of any District Judge (Magistrates’ Courts), ”.

The Administration of Justice Act 1973 (c.15)E+W+S+N.I.

21In section 9(1) of the Administration of Justice Act 1973 (judicial salaries charged on and paid out of the Consolidated Fund), for paragraphs (e) and (f) (metropolitan stipendiary magistrates and other stipendiary magistrates) substitute—E+W+S+N.I.

(e)District Judges (Magistrates’ Courts);.

The Juries Act 1974 (c.23)E+W+S+N.I.

22F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Solicitors Act 1974 (c.47)E+W+S+N.I.

23In section 38 of the Solicitors Act 1974 (disqualification of a solicitor who is a justice of the peace), after subsection (3) insert—E+W+S+N.I.

(3A)Subsection (1) does not apply where a solicitor is a Deputy District Judge (Magistrates’ Courts); but where a solicitor is acting as a Deputy District Judge (Magistrates’ Courts) for any petty sessions area it shall not be lawful for him, or for any partner of his, to act in connection with proceedings before any justice of the peace acting for that area as solicitor or agent for the solicitor of any person concerned in those proceedings.

The House of Commons Disqualification Act 1975 (c.24)E+W+S+N.I.

24In Part I of Schedule 1 to the House of Commons Disqualification Act 1975 (judicial offices disqualifying for membership of the House of Commons), for “Stipendiary Magistrate within the meaning of the M40Justices of the Peace Act 1997.” substitute “ District Judge (Magistrates’ Courts) (but not Deputy District Judge (Magistrates’ Courts)). ”E+W+S+N.I.

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Marginal Citations

The Northern Ireland Assembly Disqualification Act 1975 (c.25)E+W+S+N.I.

25In Part I of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (judicial offices disqualifying for membership of the Northern Ireland Assembly), for “Stipendiary Magistrate within the meaning of the M41Justices of the Peace Act 1949.” substitute “ District Judge (Magistrates’ Courts) (but not Deputy District Judge (Magistrates’ Courts)). ”E+W+S+N.I.

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Marginal Citations

The Magistrates’ Courts Act 1980 (c.43)E+W+S+N.I.

26The Magistrates’ Courts Act 1980 has effect subject to the following amendments.E+W+S+N.I.

27For section 66 substitute—E+W+S+N.I.

66 Composition of magistrates’ courts for family proceedings: general.

(1)A magistrates’ court when hearing family proceedings shall be composed of—

(a)two or three lay justices; or

(b)a District Judge (Magistrates’ Courts) as chairman and one or two lay justices;

or, if it is not practicable for such a court to be so composed, a District Judge (Magistrates’ Courts) sitting alone.

(2)Except where such a court is composed of a District Judge (Magistrates’ Courts) sitting alone, it shall, so far as practicable, include both a man and a woman.

(3)In this section and section 67 below “lay justices” means justices of the peace who are not District Judges (Magistrates’ Courts).

28F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

29F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

30F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Extradition Act 1989 (c.33)E+W+S+N.I.

31F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

32F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F119Sch. 11 para. 32 repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (subject to arts. 3-5 (as amended by S.I. 2003/3258, art. 2(2) and S.I. 2003/3312, art. 2(2)); and this same provision expressed to be repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art 3(aa)(bb)

33F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

34F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

35F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

36F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F123Sch. 11 para. 36 repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (subject to arts. 3-5 (as amended by S.I. 2003/3258, art. 2(2) and S.I. 2003/3312, art. 2(2)); and Sch. 11 para. 36(3)(4)(a) expressed to be repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art 3(aa)(bb)

The Courts and Legal Services Act 1990 (c.41)E+W+S+N.I.

37In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc. barred from legal practice), for “Stipendiary Magistrate” substitute “ District Judge (Magistrates’ Courts) ”.E+W+S+N.I.

The Local Government Act 1992 (c.19)E+W+S+N.I.

38In section 19(2)(d) of the Local Government Act 1992 (which provides that regulations may make provision about the functions or areas of jurisdiction of certain bodies or officers in connection with changes in local government areas in England)—

(a)in sub-paragraph (i), for “justice of the peace, stipendiary magistrate” substitute “ justice of the peace other than a District Judge (Magistrates’ Courts), ” and

(b)before “and the costs” insert “ , and the functions of any District Judge (Magistrates’ Courts), ”.

The Judicial Pensions and Retirement Act 1993 (c. 8)E+W+S+N.I.

39The Judicial Pensions and Retirement Act 1993 has effect subject to the following amendments.E+W+S+N.I.

40In Part I of Schedule 1 (qualifying offices), after “County Court Judge in Northern Ireland” insert “ District Judge (Magistrates’ Courts) ”.E+W+S+N.I.

41In Schedule 5 (retirement), for “Stipendiary magistrate in England and Wales” substitute “ District Judge (Magistrates’ Courts) ”.E+W+S+N.I.

The Probation Service Act 1993 (c.47)E+W+S+N.I.

F12442. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Justices of the Peace Act 1997 (c.25)E+W+S+N.I.

43F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

44F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

45F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

46F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

47F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

48F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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49F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

50F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F133F133SCHEDULE 12E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Section 90.

SCHEDULE 13E+W+S+N.I. Functions transferred to justices’ chief executives

The London Hackney Carriages Act 1843 (c.86)E+W+S+N.I.

1F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Evidence Act 1851 (c.99)E+W+S+N.I.

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

(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)E+W+S+N.I.

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.E+W+S+N.I.

(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)E+W+S+N.I.

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

(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)E+W+S+N.I.

5F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Public Health Acts Amendment Act 1907 (c.53)E+W+S+N.I.

6F137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Maintenance Orders (Facilities for Enforcement) Act 1920 (c.33)E+W+S+N.I.

7F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Children and Young Persons Act 1933 (c.12)E+W+S+N.I.

8The Children and Young Persons Act 1933 has effect subject to the following amendments.E+W+S+N.I.

9In section 42(2)(b) (transmission of deposition of child), for “clerk” substitute “ proper officer ”.E+W+S+N.I.

10F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

11F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Maintenance Orders Act 1950 (c.37)E+W+S+N.I.

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.E+W+S+N.I.

13(1)Section 18 (enforcement of registered orders) is amended as follows.E+W+S+N.I.

(2)F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

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Amendments (Textual)

14F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

15F143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

The Army Act 1955 (c.18)E+W+S+N.I.

16The Army Act 1955 has effect subject to the following amendments.E+W+S+N.I.

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

(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.E+W+S+N.I.

(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)E+W+S+N.I.

19The Air Force Act 1955 has effect subject to the following amendments.E+W+S+N.I.

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.E+W+S+N.I.

(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.E+W+S+N.I.

(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)E+W+S+N.I.

22The Naval Discipline Act 1957 has effect subject to the following amendments.E+W+S+N.I.

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

(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.E+W+S+N.I.

(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)E+W+S+N.I.

25F144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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26F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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27F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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28F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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29F148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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30F149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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31F150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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The Betting, Gaming and Lotteries Act 1963 (c.2)E+W+S+N.I.

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)E+W+S+N.I.

36F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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37F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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38F153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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39F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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40F155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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41F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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42F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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43F158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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44F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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45F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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48F163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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52F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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53F168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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54F169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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56F171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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The Gaming Act 1968 (c.65)E+W+S+N.I.

57The Gaming Act 1968 has effect subject to the following amendments.E+W+S+N.I.

58(1)Schedule 2 (grant etc. of licences) is amended as follows.E+W+S+N.I.

(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.E+W+S+N.I.

(2)F172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)F173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

60F175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

61F176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Late Night Refreshment Houses Act 1969 (c.53)E+W+S+N.I.

62F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

The Children and Young Persons Act 1969 (c.54)E+W+S+N.I.

F17863. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement informa