Courts Act 2003

Magistrates' Courts Act 1980 (c. 43) U.K.

Valid from 01/04/2005

201 U.K. Omit section 3 (offences committed on boundaries etc.).

Valid from 01/04/2005

202 U.K. In section 6(5) (display of details of committal proceedings), for “justices' chief executive for” substitute “ designated officer for ”.

Valid from 01/04/2005

203 U.K. In section 12 (non-appearance of accused), in—

(a) subsection (1)(b),

(b) subsection (4) (in both places), and

(c) subsection (6) (in both places),

for “justices' chief executive for” substitute “ designated officer for ”.

Valid from 01/04/2005

204 (1) Amend section 12A (application of section 12 where accused appears) as follows. U.K.

(2) In subsection (1), for “clerk of” substitute “ designated officer for ”.

(3) In subsection (2)—

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

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

Valid from 01/04/2005

205 (1) Amend section 14 (proceedings invalid where accused did not know of them) as follows. U.K.

(2) In subsection (1), for “justices' chief executive for the court” substitute “ designated officer for the court ”.

(3) In subsection (2), for “justices' chief executive” substitute “ designated officer ”.

Valid from 01/04/2005

206 U.K. In section 43(2) (enforcement of recognizance of a surety for person granted bail), for “for the petty sessions” substitute “ acting in the local justice ”.

207 U.K. In section 47 (service of summons out of time after failure to prove service by post) for “the rules” (in the first place where it occurs) substitute “ rules of court ”.

Commencement Information

I1 Sch. 8 para. 207 partly in force at 1.9.2004; Sch. 8 para. 207 not in force at Royal Assent see s. 110(1)(2); Sch. 8 para. 207 in force for certain purposes at 1.9.2004 by S.I. 2004/2066, art. 2(c)(xi)

Valid from 01/04/2005

208 (1) Amend section 59 (orders for periodical payment: means of payment) as follows. U.K.

(2) In subsection (3)(b), for “a justices' chief executive” substitute “ the designated officer for the court or for any other magistrates' court ”.

(3) In subsection (8), for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”.

Valid from 01/04/2005

209 (1) Amend section 59A (orders for periodical payment: proceedings by justices' chief executive) as follows. U.K.

(2) In subsection (1)—

(a) for “a justices' chief executive” substitute “ the designated officer for a magistrates' court ”,

(b) for “the relevant justices' chief executive” substitute “ the relevant designated officer ”, and

(c) for “to that justices' chief executive” substitute “ to that designated officer ”.

(3) In subsection (2)—

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

(b) for “the relevant justices' chief executive for him” substitute “ the relevant designated officer for him ”.

(4) In subsection (3), for “the relevant justices' chief executive, he” substitute “ the relevant designated officer, he ”.

(5) In subsection (4)—

(a) for “a justices' chief executive” substitute “ the relevant designated officer ”,

(b) for “justices' chief executive cancelling” substitute “ relevant designated officer cancelling ”, and

(c) for “justices' chief executive shall” substitute “ relevant designated officer shall ”.

(6) In subsection (7), for the definition of “the relevant justices' chief executive” substitute—

““the relevant designated officer”, in relation to an order, means—

(a) in a case where payments under the order are required to be made to or through the designated officer for a magistrates' court, the designated officer for that magistrates' court;

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

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

(7) In the section heading, for “justices' chief executive” substitute “ designated officer ”.

Valid from 01/04/2005

210 (1) Amend section 59B(5) (interpretation of provisions relating to penalty for failing to comply with maintenance order) as follows. U.K.

(2) For the definition of “the relevant court” substitute—

““the relevant court”, in relation to an order, means—

(a) in a case where payments under the order are required to be made to or through the designated officer for a magistrates' court, that magistrates' court;

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

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

(3) In the definition of “relevant justice”, for “for the petty sessions area for” substitute “ acting in the local justice area in ”.

Valid from 01/04/2005

211 (1) Amend section 60 (revocation, variation, etc. of orders for periodical payment) as follows. U.K.

(2) In subsection (4), omit “the clerk of”.

(3) In subsection (5)—

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

(b) for “to the justices' chief executive for the court” substitute “ to the designated officer for the court ”.

(4) In subsection (10), for “the clerk of the court” substitute “ a justices' clerk ”.

Valid from 01/04/2005

212 (1) In section 61(1) (periodical payments payable by one person under more than one order), for “The power to make rules conferred by section 144 below shall, without prejudice to the generality of subsection (1) of that section, include power to” substitute “ Rules of court may ”. U.K.

(2) In paragraph (b) of section 61(1)—

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

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

Valid from 01/04/2005

213 U.K. In section 62(1)(ii) (proceedings for sums payable to child), for “justices' chief executive for” substitute “ designated officer for ”.

Valid from 01/04/2005

214 (1) Amend section 65(1) (proceedings which are family proceedings for purposes of Act) as follows. U.K.

(2) After the paragraph (n) inserted by paragraph 8(a) of Schedule 11 to the Children Act 1989, insert—

“(na) section 30 of the Human Fertilisation and Embryology Act 1990;”.

(3) Renumber the paragraph (n) inserted by paragraph 60 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992 as paragraph (nb).

Valid from 01/04/2005

215 U.K. In section 66(3) (composition of family proceedings courts), for the words from “and section 67” onwards substitute “ “lay justice” has the same meaning as in the Courts Act 2003 ”.

Valid from 01/04/2005

216 (1) Amend section 70 (jurisdiction of magistrates' courts in inner London for family proceedings) as follows. U.K.

(2) In subsection (1)—

(a) for “for an inner London petty sessions” substitute “ acting in an inner London local justice ”,

(b) for “for that” substitute “ acting in that ”,

(c) for “for any” substitute “ acting in any ”, and

(d) for “magistrates' courts committee whose area consists of or includes that petty sessions area” substitute “ Lord Chancellor ”.

(3) In subsection (2)—

(a) for “for an inner London petty sessions” substitute “ acting in an inner London local justice ”, and

(b) for “magistrates' courts committee whose area consists of or includes that petty sessions area so determine” substitute “ Lord Chancellor so determines ”.

(4) In subsection (3), in the definition of “inner London petty sessions area”, for “ “inner London petty sessions area” means any petty sessions” substitute “ “inner London local justice area” means any local justice ”.

Valid from 01/04/2005

217 U.K. In section 74(1) (reasons for decisions in family proceedings), for “The power to make rules conferred by section 144 below shall, without prejudice to the generality of subsection (1) of that section, include power to” substitute “ Rules of court may ”.

Valid from 01/04/2005

218 (1) Amend section 77 (postponement of issue of warrant) as follows. U.K.

(2) In subsection (5), for “for the petty sessions” substitute “ in the local justice ”.

(3) For subsection (6), substitute—

“(6) Where such an application is referred to the court—

(a) the clerk of the court shall fix a time and place for the application to be heard; and

(b) the designated officer for the court shall give the applicant notice of that time and place.”

219 U.K. In—

(a) section 78(4) (offence of removing impounded goods marked in accordance with rules), and

(b) section 79(2) (reduction of period of detention on payment being made in accordance with rules),

for “the rules” substitute “ rules of court ”.

Commencement Information

I2 Sch. 8 para. 219 partly in force at 1.9.2004; Sch. 8 para. 219 not in force at Royal Assent see s. 110(1)(2); Sch. 8 para. 219 in force for certain purposes at 1.9.2004 by S.I. 2004/2066, art. 2(c)(xi)

Valid from 01/04/2005

220 (1) Amend section 82 (restriction on power to impose imprisonment for default) as follows. U.K.

(2) After subsection (4A) insert—

“(4B) The cases in which the offender’s default may be regarded for the purposes of subsection (4)(b)(i) as being attributable to his wilful refusal or culpable neglect include any case in which—

(a) he has refused, otherwise than on reasonable grounds, to consent to a work order proposed to be made under Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), or

(b) he has without reasonable excuse failed to comply with such an order.”

(3) In subsection (5A), for “justices' chief executive for” substitute “ designated officer for ”.

Valid from 01/04/2005

221 U.K. In section 84(1) (power to require statement of means) for “for the same petty sessions” substitute “ in the same local justice ”.

Valid from 01/04/2005

222 (1) Amend section 85 (power to remit fine) as follows. U.K.

(2) After subsection (2A) insert—

“(2B) Where the court remits the whole or part of the fine after a work order has been made under Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), it shall also reduce the number of hours specified in the order by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order.”

(3) In subsection (3), for “or (2A)” substitute “ , (2A) or (2B) ”.

Valid from 01/04/2005

223 (1) Amend section 87 (enforcement of payment of fines by High Court and county court) as follows. U.K.

(2) In subsection (1), for “justices' chief executive for” substitute “ designated officer for ”.

(3) In subsection (3), for “justices' chief executive” substitute “ designated officer for the magistrates' court ”.

(4) Omit subsection (4).

Valid from 01/04/2005

224 (1) Amend section 87A (fines imposed on companies) as follows. U.K.

(2) In subsection (1), for “justices' chief executive for” substitute “ designated officer for ”.

(3) Omit subsection (2).

Valid from 01/04/2005

225 (1) Amend section 89 (transfer of fine order) as follows. U.K.

(2) In subsection (1)—

(a) after “Where a magistrates' court” insert “ in a local justice area ”,

(b) for “in any petty sessions area other than that for which the court acted” substitute “ in England and Wales ”, and

(c) for “the petty sessions area in which it appears to the court that he is residing;” substitute “ another local justice area ”.

(3) In subsection (2)—

(a) for “justices' chief executive for” (in both places) substitute “ designated officer for ”, and

(b) for “for the petty sessions area” substitute “ in the local justice area ”.

(4) For subsection (3) substitute—

“(3) A court by which functions in relation to any sum are for the time being exercisable by virtue of a transfer of fine order may make a further transfer of fine order with respect to that sum.”

Valid from 01/04/2005

226 U.K. In section 90(3) (transfer of fines to Scotland or Northern Ireland), for “justices' chief executive for” substitute “ designated officer for ”.

Valid from 01/04/2005

227 (1) Amend section 91 (transfer of fines from Scotland and Northern Ireland) as follows. U.K.

(2) In subsection (1)—

(a) for “in a specified petty sessions area in England and Wales, a magistrates' court acting for that area,” substitute “ by a magistrates' court in England and Wales, a magistrates' court acting in the area in which the person subject to the order resides, ”, and

(b) for “justices' chief executive for” substitute “ designated officer for ”.

(3) In subsection (3)—

(a) for “in a petty sessions area” substitute “ by a magistrates' court ”, and

(b) for “acting for that area” substitute “ acting in the area in which the person subject to the order resides ”.

Valid from 01/04/2005

228 U.K. In section 93(5) (issue of warrant to arrest person defaulting on maintenance order) for “for the same petty sessions” substitute “ in the same local justice ”.

Valid from 01/04/2005

229 U.K. In section 95(3) (instalments in case of non-English maintenance order), for “a justices' chief executive” (in both places) substitute “ the designated officer for the court or for any other magistrates' court ”.

Valid from 01/04/2005

230 U.K. In section 97(1), omit—

(a) “for any commission area”, and

(b) “for that commission area”.

Valid from 01/04/2005

231 (1) Amend section 97A (summons or warrant as to committal proceedings) as follows. U.K.

(2) In subsection (1)—

(a) omit “for any commission area”,

(b) at the end of paragraph (a) insert “ and ”, and

(c) omit paragraph (c) and “and” before it.

(3) In subsections (9), (10) and (11), for “chief executive to” substitute “ designated officer for ”.

Valid from 01/04/2005

232 U.K. In section 99 (proof of non-payment of sum adjudged)—

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

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

233 U.K. In section 107 (false statements in declaration proving service), for “the rules” substitute “ rules of court ”.

Commencement Information

I3 Sch. 8 para. 233 partly in force at 1.9.2004; Sch. 8 para. 233 not in force at Royal Assent see s. 110(1)(2); Sch. 8 para. 233 in force for certain purposes at 1.9.2004 by S.I. 2004/2066, art. 2(c)(xi)

234 U.K. In section 109(2) (notice to abandon an appeal), for “Crown Court rules” substitute “ rules of court ”.

Commencement Information

I4 Sch. 8 para. 234 partly in force at 1.9.2004; Sch. 8 para. 234 not in force at Royal Assent see s. 110(1)(2); Sch. 8 para. 234 in force for certain purposes at 1.9.2004 by S.I. 2004/2066, art. 2(c)(xi)

Valid from 01/04/2005

235 U.K. In section 114 (payment of recognisances and fees on case stated)—

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

(b) for “justices' chief executive” substitute “ designated officer ”.

Valid from 01/04/2005

236 (1) Amend section 116 (discharge of recognizance to keep the peace or be of good behaviour etc.) as follows. U.K.

(2) In subsection (1), omit “for any area to which this section applies”, the words from “, if the complaint” to “for that area,” and “for that area” (in the second place where it occurs).

(3) Omit subsection (3).

Valid from 01/04/2005

237 (1) Amend section 121 (constitution and place of sitting of court) as follows. U.K.

(2) Omit subsection (3).

(3) For subsection (4), substitute—

“(4) Subject to the provisions of any enactment to the contrary, a magistrates' court must sit in open court if it is—

(a) trying summarily an information for an indictable offence,

(b) trying an information for a summary offence,

(c) imposing imprisonment,

(d) hearing a complaint, or

(e) holding an inquiry into the means of an offender for the purposes of section 82.”

(4) In subsection (5), omit “, or sitting in an occasional court-house”.

238 U.K. In section 125(1) (warrants) for “the rules” substitute “ rules of court ”.

Commencement Information

I5 Sch. 8 para. 238 partly in force at 1.9.2004; Sch. 8 para. 238 not in force at Royal Assent see s. 110(1)(2); Sch. 8 para. 238 in force for certain purposes at 1.9.2004 by S.I. 2004/2066, art. 2(c)(xi)

Valid from 01/04/2005

239 (1) Amend section 125B (execution of warrants by approved enforcement agency) as follows. U.K.

(2) In subsection (2), for the words from “under” onwards substitute “ by the Lord Chancellor ”.

(3) After subsection (2), insert—

“(2A) The Lord Chancellor must maintain a register containing the names of all persons and bodies approved by him under subsection (2) and must make such arrangements as he considers appropriate for making the register available for inspection.”

(4) Omit subsection (3).

(5) In subsection (5)(d), for the words from “under” onwards substitute “ by the Lord Chancellor under subsection (2A) ”.

(6) After subsection (5), insert—

“(6) A decision by the Lord Chancellor to revoke the approval of a person or body under subsection (2) does not have effect to revoke the approval until the Lord Chancellor has informed the person or body of the decision.”

Valid from 01/04/2005

240 (1) Amend section 125C (disclosure of information for enforcing warrants) as follows. U.K.

(2) In subsection (1)—

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

(b) omit “appointed by, or member of the staff of, his magistrates' courts committee”.

(3) In subsection (2), in the definition of “a section 125A warrant” omit the words from “and” onwards.

(4) In subsection (3), for paragraph (c) substitute—

“(c) any justices' clerk or other person appointed under section 2(1) of the Courts Act 2003.”

Valid from 01/04/2005

241 U.K. In section 126 (execution of certain warrants outside England and Wales)—

(a) for “Sections 12 to 14” substitute “ Section 13(1) and (2) ”, and

(b) in paragraph (a), for “those referred to in the said sections 12 to 14” substitute “ indictable offences ”.

Valid from 10/01/2006

242 U.K. Omit sections 137 and 138 (fees and remission of fees).

Commencement Information

I6 Sch. 8 para. 242 wholly in force at 10.1.2006, see s. 110(1)(2) and S.I. 2005/3518, art. 2(a) (subject to art. 3)

Valid from 01/04/2005

243 U.K. In section 139 (disposal of sums adjudged to be paid by conviction)—

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

(b) for “section 60 of the Justices of the Peace Act 1997” substitute “ section 38 of the Courts Act 2003 ”.

Valid from 01/04/2005

244 U.K. Omit section 141 (clerks to justices).

245 (1) Amend section 144 (rule committee) as follows. U.K.

(2) In subsection (1), after “prescribing” insert “except in relation to—

(a) any criminal cause or matter, or

(b) family proceedings,”,

and for “and justices' chief executives” substitute “ and designated officers for magistrates' courts ”.

(3) In subsection (2), omit “the President of the Family Division of the High Court, the Senior District Judge (Chief Magistrate)”.

(4) In subsection (3), before paragraph (a) insert—

“(za) one District Judge (Magistrates' Courts);”.

(5) Omit subsection (5).

Commencement Information

I7 Sch. 8 para. 245 partly in force at 7.10.2005; Sch. 8 para. 245 not in force at Royal Assent see s. 110(1)(2); Sch. 8 para. 245(1)(2) in force for certain purposes at 1.9.2004 by S.I. 2004/2066, art. 2(c)(xi) (subject to art. 3); Sch. 8 para. 245(3)(4)(5) in force for certain purposes at 1.4.2005 by S.I. 2005/910, art. 3(y)(iii)(iv); Sch. 8 para. 245(2) in force for certain further purposes at 7.10.2005 by S.I. 2005/2744, art. 2(3)

246 (1) Amend section 145 (rules: supplementary provisions) as follows. U.K.

(2) In subsection (1), omit paragraphs (aa), (f) and (i).

(3) Omit subsection (4).

Commencement Information

I8 Sch. 8 para. 246 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(c)(xi) (subject to art. 3)

Valid from 01/04/2005

247 U.K. Omit section 147(occasional court-house).

Valid from 01/04/2005

248 U.K. In section 148(2) (power of magistrates' courts to act where another may act), for “for the same petty sessions” substitute “ in the same local justice ”.

Valid from 01/04/2005

249 U.K. Omit section 149 (Isles of Scilly).

250 (1) Amend section 150(1) (interpretation) as follows. U.K.

(2) Omit the definitions of “petty-sessional court-house”, “the register” and “the rules”.

(3) In the definition of “prescribed”, for “the rules” substitute “ rules of court ”.

Commencement Information

I9 Sch. 8 para. 250 wholly in force at 1.4.2005; Sch. 8 para. 250 not in force at Royal Assent see s. 110(1)(2); Sch. 8 para. 250 in force for certain purposes at 1.9.2004 by S.I. 2004/2066 {art. 2(c)(xi)} (subject to art. 3); Sch. 8 para. 250 in force insofar as not already in force at 1.4.2005 by S.I. 2005/910, art. 3(y)

251 U.K. In section 152, for “the rules” substitute “ rules of court ”.

Commencement Information

I10 Sch. 8 para. 251 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(c)(xi) (subject to art. 3)

Valid from 01/04/2005

252 U.K. Omit section 153 (magistrates' courts may sit on Sundays and public holidays).

Valid from 01/04/2005

253 U.K. In section 155(4) (extent of section 126 of 1980 Act), for “sections” substitute “ section ”.

Valid from 10/01/2006

254 U.K. Omit Schedule 6 (fees).

Commencement Information

I11 Sch. 8 para. 254 wholly in force at 10.1.2006, see s. 110(1)(2) and S.I. 2005/3518, art. 2(a) (subject to art. 3)