The Local Government Changes for England (Magistrates' Courts) Regulations 1996

PART II AMENDMENTS AND MODIFICATIONS TO OTHER ENACTMENTS

Sheriffs Act 1887

3.  In section 38 of the Sheriffs Act 1887(1) the following shall be inserted at the end—

“Any reference to a justice of the peace for a county shall be construed in relation to any area in England outside Greater London as a reference to a justice of the peace for a commission area (as defined in section 1 of the Justices of the Peace Act 1979) comprising the whole or any part of that county.”.

Probation Service Act 1993

4.—(1) In sub-paragraph (3) of paragraph 6 of Schedule 1 to the Probation Service Act 1993(2), for the words “any county” there shall be substituted “any commission area in England, or any county in Wales,”.

(2) For sub-paragraph (4) of that paragraph there shall be substituted the following—

“(4) In sub-paragraph (3) “commission area” has the meaning given by section 1 of the Justices of the Peace Act 1979.”.

Modification of references

5.—(1) In the enactments to which this paragraph applies—

(a) any reference to a justice of the peace for, of or within a county shall be construed in relation to any area in England outside Greater London as a reference to a justice of the peace for a commission area (as defined in section 1 of the Justices of the Peace Act 1979);

(b) any reference to county justices shall be construed in relation to any area in England outside Greater London as a reference to justices of the peace for a commission area (as so defined); and

(c) any reference to a county, without more, shall be construed in relation to any area in England outside Greater London as a reference to a commission area (as so defined).

(2) The enactments to which this paragraph applies are the following—

(a) section 10 of the Parochial Libraries Act 1708(3);

(b) section 4 of the Distress for Rent Act 1737(4);

(c) section 4 of the Inclosure Act 1773(5);

(d) section 2 of the Burial Ground Act 1816(6);

(e) section 2 of the Distress (Costs) Act 1817(7);

(f) section 1 of the Inclosure and Drainage (Rates) Act 1833(8);

(g) section 1 of the Geological Survey Act 1845(9);

(h) section 159 of the Inclosure Act 1845(10);

(i) section 18 of the London Hackney Carriage Act 1853(11);

(j) the Second Part of the Schedule to the Promissory Oaths Act 1868(12);

(k) paragraph 8 of Schedule 2 to the Children and Young Persons Act 1933(13);

(l) section 19(1) of the Prison Act 1952(14);

(m) sections 2(2), 85(1), 187(1), 188(1) and 193(1) and (2) of the Licensing Act 1964(15);

(n) section 177 of the Representation of the People Act 1983(16).

(1)

1887 c. 55; the previous definition of county in section 38 was repealed by Schedule 30 to the Local Government Act 1972 (c. 70) and a new definition was inserted by S.I. 1995/1748.

(2)

1993 c. 47.

(3)

7 Anne c.14.

(4)

11 Geo. 2 c.19.

(5)

13 Geo. 3 c.81.

(6)

56 Geo. 3 c.141.

(7)

57 Geo. 3 c.93.

(8)

3 & 4 Will. 4 c.35.

(9)

8 & 9 Vict. c.63.

(10)

8 & 9 Vict. c.118.

(11)

16 & 17 Vict. c.33.

(12)

31 & 32 Vict. c.72.

(13)

1933 c. 12.

(14)

1952 c. 52, as amended by Schedule 30 to the Local Government Act 1972 (c. 70).

(15)

1964 c. 26, as amended by S.I. 1985/1383 and paragraph 2 of Schedule 2 to the Local Government (Wales) Act 1994 (c. 19).

(16)

1983 c. 2.