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Courts Act 2003

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This is the original version (as it was originally enacted).

Property transfer schemes: general

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1(1)The Lord Chancellor may make a scheme or schemes for the transfer to him or another Minister of the Crown of any property, rights or liabilities—

(a)to which magistrates' courts committees are entitled or subject immediately before the appointed day, or

(b)to which any of the persons specified in sub-paragraph (2) is entitled or subject immediately before the appointed day and which then subsist for the purposes of, or in connection with, or are otherwise attributable to, magistrates' courts.

(2)The persons are—

(a)an authority which is a responsible authority for the purposes of the Justices of the Peace Act 1997;

(b)the Receiver for the Metropolitan Police District;

(c)the council of an outer London borough;

(d)the Common Council of the City of London;

(e)a police authority established under section 3 of the Police Act 1996;

(f)a local probation board;

(g)any other body which acts under any enactment or instrument for public purposes and not for its own profit.

(3)Without prejudice to the generality of paragraph (b) of sub-paragraph (1), any property, rights or liabilities are to be treated as falling within that paragraph if the Lord Chancellor issues a certificate to that effect.

(4)In this Schedule “property transfer scheme” means a scheme under sub-paragraph (1).

(5)In this Part of this Schedule “the appointed day” means—

(a)in the case of the transfer of property, rights or liabilities to which magistrates' courts committees are entitled or subject, the day immediately before the abolition day;

(b)in any other case, the day specified in the scheme.

(6)On the day which is the appointed day in relation to property, rights or liabilities to which provisions of a property transfer scheme apply, the property, rights and liabilities are transferred and vest in accordance with those provisions.

(7)In this Schedule “the abolition day” means the day appointed under section 110(1) for the coming into force of section 6(1) (abolition of magistrates' courts committees).

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