F1Part IE+W Introductory

F11 The Supreme Court.E+W

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F12 Location of sittings and business of High Court.E+W

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F13 Abolition of courts of quarter sessions.E+W

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F1Part IIE+W+S The Crown Court

F14 Establishment of the Crown Court.E+W

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F15 Justices as judges of Crown Court.E+W

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Trial on indictmentE+W

F16 Exclusive jurisdiction in trial on indictment.E+W

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F17 Committal for trial on indictment.E+W

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Other jurisdictionE+W

F18 Transfer to Crown Court of quarter sessions jurisdiction.E+W

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F19 Appeals to Crown Court.E+W

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F110 High Court jurisdiction in Crown Court proceedings.E+W

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Trial on indictment and other jurisdictionE+W

F111 Sentences imposed and other decisions made by Crown Court.E+W

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F112 Right of audience.E+W

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[F113 Process to compel appearance before Crown Court.E+W+S

(1)[F2Any direction to appear and] any condition of a recognizance to appear before the Crown Court, and any summons or order to appear before the Crown Court, may be framed so as to require appearance at such time and place as may be directed by the Crown Court, and if a time or place is specified in the [F2direction] condition, summons or order, it may be varied by any subsequent direction of the Crown Court.

(2)Where an indictment has been signed although the person charged has not been committed for trial, the Crown Court may issue a summons requiring that person to appear before the Crown Court, or may issue a warrant for his arrest.

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F4The Crown Court may grant bail to any person]—

(a)who has been committed in custody for appearance before the Crown Court, or

(b)who is in custody pursuant to a sentence imposed by a magistrates’ court, and who has appealed to the Crown Court against his conviction or sentence, or

(c)who is in the custody of the Crown Court pending the disposal of his case by the Crown Court, or

(d)who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or

(e)who has applied to the High Court for an order of certiorari to remove proceedings in the Crown Court in his case into the High Court, or has applied to the High Court for leave to make such an application,

and the time during which a person is [F4released on] bail under any provision of this subsection shall not count as part of any term of imprisonment or detention under his sentence.

(5)Provision may be made by Crown Court rules as respects the powers of the Crown Court relating to bail, including any provision—

[F5(a)except in the case of bail in criminal proceedings, allowing the court, instead of requiring a person to enter into a recognizance to consent to his giving other security,]

(b)allowing the court to direct that a recognizance shall be entered into or other security given before a magistrates’ court or a justice of the peace, or, if the rules so provide, a person of such other description as is specified in the rules,

(c)prescribing the manner in which a recognizance is to be entered into or other security given, and the persons by whom and the manner in which the recognizance or security may be enforced,

(d)authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody in pursuance of the powers,

(e)making provision corresponding to sections 94 and 95 of the M1Magistrates’ Courts Act 1952 (varying or dispensing with requirements as to sureties, and postponement of taking recognizances).

Any reference in any enactment to a recognizance shall include, unless the context otherwise requires, a reference to any other description of security given instead of a recognizance, whether in pursuance of paragraph (a) above or otherwise.

(6)The Crown Court, on issuing a warrant for the arrest of any person, may endorse the warrant for bail, and in any such case—

(a)the person arrested under the warrant shall, unless the Crown Court otherwise directs, be taken to a police station, and

(b)the officer in charge of the station shall release him from custody if he, and any sureties required by the endorsement and approved by the officer, enter into recognizances of such amount as may be fixed by the endorsement.

[F6Provided that in the case of bail in criminal proceedings, the person arrested shall not be required to enter into a recognizance.]

(7)A person in custody in pursuance of a warrant issued by the Crown Court with a view to his appearance before the Crown Court shall be brought forthwith before either the Crown Court or a magistrates’ court, and if he is brought before a magistrates’ court—

(a)the court shall commit him in custody or release him on bail until he can be brought or appear before the Crown Court at the time and place appointed by the Crown Court,

(b)if the warrant is endorsed for bail, but the person in custody is unable to satisfy the conditions endorsed, the magistrates’ court may vary those conditions, if satisfied that it is proper to do so.

(8)Section 4 of the M2Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to process issued under this section as it applies to process issued under the M3Magistrates’ Courts Act 1952 by a magistrates’ court.

(9)A magistrates’ court shall have jurisdiction, and a justice of the peace may act, under or in pursuance of this section whether or not the offence was committed, or the arrest was made, within the court’s area, or the area for which he was appointed.

[F7(10) In this section “bail in criminal proceedings” has the same meaning as in the M4Bail Act 1976.]]

F114 Practice and procedure: power to make rules.E+W

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F115 Crown Court rules.E+W

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Part IIIE+W Judges

16 Appointment of Circuit Judges.E+W

(1)Her Majesty may from time to time appoint as Circuit judges, to serve in the Crown Court and county courts and to carry out such other judicial functions as may be conferred on them under this or any other enactment, such qualified persons as may be recommended to Her by the Lord Chancellor.

(2)The maximum number of Circuit judges shall be such as may be determined from time to time by the Lord Chancellor with the concurrence of the Minister for the Civil Service.

(3)No person shall be qualified to be appointed a Circuit judge [F8unless—

(a)he has a 10 year Crown Court or 10 year county court qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b)he is a Recorder; or

(c)he has held as a full-time appointment for at least 3 years one of the offices listed in Part IA of Schedule 2.]

(4)Before recommending any person to Her Majesty for appointment as a Circuit judge, the Lord Chancellor shall take steps to satisfy himself that that person’s health is satisfactory.

(5)The provisions of Part I of Schedule 2 to this Act shall have effect with respect to the appointment as Circuit judges of the holders of certain judicial offices, and the supplementary provisions in Part II of that Schedule shall have effect.

17 Retirement, removal and disqualifications of Circuit judge.E+W

[F9(1)Subject to subsection (4) below and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75), a Circuit judge shall vacate his office on the day on which he attains the age of 70.]

F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The Lord Chancellor may, if he thinks fit, remove a Circuit judge from office on the ground of incapacity or misbehaviour.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

18 Salaries and allowances of Circuit judges.E+W

(1)Subject to Part II of Schedule 2 to this Act, there shall be paid to each Circuit judge such salary as may be determined by the Lord Chancellor with the consent of the Minister for the Civil Service.

(2)Every salary payable under this section—

(a)shall be charged on and paid out of the Consolidated Fund;

(b)shall begin from the date of appointment and accrue due from day to day;

(c)shall be payable at such intervals, not exceeding three months, as the Treasury may determine; and

(d)may be increased, but not reduced, by a further determination under this section.

F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)became a Circuit judge by virtue of having held any of the offices specified in paragraph 1 of Schedule 2 to this Act, and

(b)held that office before 10th May 1967 (that is to say before the passing of the M5Superannuation (Miscellaneous Provisions) Act 1967).

(5)There shall be paid to Circuit judges out of money provided by Parliament such allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.

19

F15(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The decision of the Minister for the Civil Service shall be final on any question arising with regard to—

(a)the application of any of the provisions of this section to any person, or

F18(b)(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20 Judges of county courts.E+W

[F19(1)Every Circuit judge shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales, and the Lord Chancellor shall assign one or more Circuit judges to each district and may from time to time vary the assignment of Circuit judges among the districts.

(2)Subject to any directions given by or on behalf of the Lord Chancellor, in any case where more than one Circuit judge is assigned to a district under subsection (1) above, any function conferred by or under the M6County Courts Act 1959 on the judge for a district may be exercised by any of the Circuit judges for the time being assigned to that district.

(3)The following, that is—

• every judge of the Court of Appeal,

• every judge of the High Court,

• every Recorder,

shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales and if he consents to do so, shall sit as such a judge at such times and on such occasions as the Lord Chancellor considers desirable.

(4)Notwithstanding that he is not for the time being assigned to a particular district, a Circuit judge—

(a)shall sit as a judge of that district at such times and on such occasions as the Lord Chancellor may direct; and

(b)may sit as a judge of that district in any case where it appears to him that the judge of that district is not, or none of the judges of that district is, available to deal with the case.]

(5)So much of Part I of the M7County Courts Act 1959 as makes special provision in relation to county court districts within the Duchy of Lancaster shall cease to have effect.

(6)On the appointed day all appointments of temporary and deputy judges of county courts shall terminate and the provisions of the M8County Courts Act 1959 relating to such temporary and deputy judges shall cease to have effect.

(7)Nothing in this Act shall affect the operation, in relation to the superannuation and other benefits payable to or in respect of persons who ceased to be judges of county courts before the day appointed for the coming into force of section 16(5) of this Act, of any enactment repealed or amended by this Act.

21 Appointment of Recorders.E+W

(1)Her Majesty may from time to time appoint qualified persons, to be known as Recorders, to act as part-time judges of the Crown Court and to carry out such other judicial functions as may be conferred on them under this or any other enactment.

(2)Every appointment of a person to be a Recorder shall be of a person recommended to Her Majesty by the Lord Chancellor, and no person shall be qualified to be appointed a Recorder unless [F20he has a 10 year Crown Court or 10 year county court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990].

(3)The appointment of a person as a Recorder shall specify the term for which he is appointed and the frequency and duration of the occasions during that term on which he will be required to be available to undertake the duties of a Recorder.

(4)Subject to subsection (5) below the Lord Chancellor may, with the agreement of the Recorder concerned, from time to time extend for such period as he thinks appropriate the term for which a Recorder is appointed.

(5)Neither the initial term for which a Recorder is appointed nor any extension of that term under subsection (4) above shall be such as to continue his appointment as a Recorder after [F21the day on which he attains the age of seventy, but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).].

(6)The Lord Chancellor may if he thinks fit terminate the appointment of a Recorder on the ground of incapacity or misbehaviour or of a failure to comply with any requirement specified under subsection (3) above in the terms of his appointment.

(7)There shall be paid to Recorders out of money provided by Parliament such remuneration and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.

22 Oaths to be taken by Circuit judges and Recorders.E+W

(1)Subject to the following provisions of this section, every Circuit judge and every Recorder shall take the oath of allegiance and the judicial oath; and the M9Promissory Oaths Act 1868 shall have effect as if the officers named in the Second Part of the Schedule to that Act included Circuit judges and Recorders.

(2)Notwithstanding anything in the M10Promissory Oaths Act 1871, a Circuit judge shall take the oaths referred to in subsection (1) above before the Lord Chancellor, and a Recorder shall take those oaths before a judge of the Court of Appeal or of the High Court or a Circuit judge.

(3)Nothing in this section shall require an oath to be taken by a person who becomes a Circuit judge in accordance with any provision of Part I of Schedule 2 to this Act.

[F2223 Circuit judge or Recorder sitting as High Court Judge.E+W

(1)If requested to do so by or on behalf of the Lord Chancellor, a Circuit judge or Recorder shall sit as a judge of the High Court for the hearing of such case or cases or at such place and for such time as may be specified by or on behalf of the Lord Chancellor.

(2)So long as a Circuit judge or Recorder sits as a judge of the High Court in pursuance of a request under this section he shall be treated, subject to subsection (3) below, for all purposes as, and accordingly may perform any of the functions of, a puisne judge of the High Court.

(3)A Circuit judge or Recorder sitting as a judge of the High Court in pursuance of a request under this section shall not be treated as a judge of the High Court for the purpose of any provision made by or under any enactment and relating to—

(a)the appointment, retirement, removal or disqualification of judges of the High Court,

(b)the tenure of office and oaths to be taken by such judges, or

(c)the remuneration, allowances or pensions of such judges.

(4)Where a Circuit judge or Recorder is requested to sit as a judge of the High Court for a period of time then, notwithstanding the expiry of that time, he may attend at the High Court for the purpose of continuing to deal with, giving judgment in, or dealing with any ancillary matter relating to, any case which may have been begun before him when sitting as a judge of that court, and for that purpose and for the purpose of any proceedings subsequent thereon he shall be treated as a judge of the High Court.]

[F2324 Deputy Circuit judges and assistant Recorders.E+W

(1)If it appears to the Lord Chancellor that it is expedient as a temporary measure to make an appointment under this section in order to facilitate the disposal of business in the Crown Court or a county court or official referees’ business in the High Court, he may—

(a)appoint to be a deputy Circuit judge, during such period or on such occasions as he thinks fit, any person who has held office as a judge of the Court of Appeal or of the High Court or as a Circuit judge; or

(b)appoint to be an assistant Recorder, during such period or on such occasions as he thinks fit, [F24any person who has a 10 year Crown Court or 10 year county court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990.].

[F25(1A)No appointment of a person under subsection (1) above shall be such as to extend—

(a)in the case of appointment as a deputy Circuit judge, beyond the day on which he attains the age of seventy-five; or

(b)in the case of appointment as an assistant Recorder, beyond the day on which he attains the age of seventy;

but paragraph (b) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).]

(2)Except as provided by subsection (3) below, during the period or on the occasions for which a deputy Circuit judge or assistant Recorder is appointed under this section he shall be treated for all purposes as, and accordingly may perform any of the functions of, a Circuit judge or a Recorder, as the case may be.

(3)A deputy Circuit judge appointed under this section shall not be treated as a Circuit judge for the purpose of any provision made by or under any enactment and relating to the appointment, retirement, removal or disqualification of Circuit judges, the tenure of office and oaths, to be taken by such judges, or the remuneration, allowances or pensions of such judges; and section 21 of this Act shall not apply to an assistant Recorder appointed under this section.

F26(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)There shall be paid out of money provided by Parliament to deputy Circuit judges and assistant Recorders appointed under this section such remuneration and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.]

[F2725 Official referees’ business.E+W

(1)After the appointed day no person shall be appointed to the office of official referee and on and after that day functions conferred on official referees by provisions of rules of the Supreme Court, or by any other provision, shall be discharged in accordance with the provisions of this section.

(2)Such of the Circuit judges as the Lord Chancellor may from time to time determine shall discharge the said functions conferred on official referees.

(3)The cases in which jurisdiction or powers of the High Court or a judge of the High Court may be exercised by official referees, whether by virtue of rules of court made under section 15 of the M11Administration of Justice Act 1956 or otherwise, shall be known as “official referees’ business”, and except where the context otherwise requires, any reference in any enactment, in rules of court or in any other document to an official referee shall, in accordance with this section, be construed as, or where the context requires as including, a reference to a Circuit judge discharging the functions of an official referee.

(4)Subject to rules of court, the distribution of official referees’ business, performed in accordance with this section, shall be determined in accordance with directions given by or on behalf of the Lord Chancellor.]

Part IVE+W Officers and Accommodation

[F2826 Masters and registrars to be appointed by Lord Chancellor.E+W

(1)On and after the appointed day the following officers shall be appointed by the Lord Chancellor, with the concurrence of the Minister for the Civil Service as to numbers and salaries,—

(a)the masters, assistant masters and registrars specified in Part I of Schedule 3 to the M12Judicature Act 1925, other than the Master of the Court of Protection (for whose appointment by the Lord Chancellor provision is made by section 100 of the M13Mental Health Act 1959);

(b)the Queen’s coroner and attorney and master of the Crown Office;

(c)the registrar, assistant registrars and deputy assistant registrars of criminal appeals;

(d)the admiralty registrar;

(e)chancery registrars and assistant chancery registrars; and

(f)district probate registrars.

(2)The person appointed to the office of Queen’s coroner and attorney and master of the Crown Office shall, by virtue of his appointment, be a master of the Supreme Court (Queen’s Bench Division).

(3)In section 122 of the Judicature Act 1925 (which relates to certain additional duties of the senior master of the Queen’s Bench Division) for the words “The senior master” there shall be subtituted the words “The Lord Chancellor shall appoint one of the masters” and after the word “Division)”there shall be inserted the words “to be the senior master and the person so appointed”.

(4)In section 128A of the Judicature Act 1925 (which relates to the office of district probate registrar) for any reference in subsection (2) or subsection (3) to the President of the family dvision thre shall be substituted a reference to the Lord Chancellor.]

[27F29Administrative and other court staff.E+W

(1)The Lord Chancellor may, with the concurrence of the Treasury as to numbers and salaries, appoint such officers and other staff for the Supreme Court and county courts as appear to him appropriate for the following purposes, namely—

(a)maintaining an administrative court service;

(b)discharging any functions in those courts conferred by or under this or any other Act on officers so appointed; and

(c)generally carrying out the administrative work of those courts.

(2)The principal civil service pension scheme within the meaning of section 2 of the Superannuation M14Act 1972 and for the time being in force shall, with the necessary adaptations, apply to officers and staff appointed under subsection (1) above as it applies to other persons employed in the civil service of the State.

(3)If and to the extent that an order made by the Lord Chancellor so provides, the Lord Chancellor may enter into contracts with other persons for the provision for the purposes mentioned in subsection (1) above, whether by those persons or by sub-contractors of theirs, of officers and staff for the Supreme Court and county courts.

(4)No order under subsection (3) above shall authorise the contracting out of any functions the discharge of which would constitute—

(a)making judicial decisions or advising persons making such decisions;

(b)exercising any judicial discretion or advising persons exercising any such discretion; or

(c)exercising any power of arrest.

(5)An order under subsection (3) above may authorise the contracting out of any functions—

(a)either wholly or to such extent as may be specified in the order;

(b)either generally or in such cases or areas as may be so specified; and

(c)either unconditionally or subject to the fulfilment of such conditions as may be so specified.

(6)Before making an order under subsection (3) above, the Lord Chancellor shall consult with the senior judges as to what effect (if any) the order might have on the proper and efficient administration of justice.

(7)An order under subsection (3) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)References in this section to the contracting out of any functions are references to the Lord Chancellor entering into contracts for the provision of officers and staff for the purpose of discharging those functions.

(9)In this section—

• “the senior judges” means the Lord Chief Justice, the Master of the Rolls, the Vice-Chancellor and the President of the Family Division;

• “the Supreme Court” includes the district probate registries.]

28 Provision of accommodation.E+W

(1)The [F30Secretary of State for the Environment, Transport and the Regions] may with the approval of the Treasury provide, equip, maintain and manage such courts, offices, buildings, judges’ lodgings and other accommodation as may be necessary or desirable for carrying on the business of the Supreme Court and county courts.

(2)It is hereby declared that the expression “land necessary for the public service” in—

(a)section 2 of the M15Commissioners of Works Act 1852 (acquisition by agreement), and

[F31(b)section 228(1) of the M16Town and Country Planning Act 1990 (power of Secretary of State to acquire compulsorily land necessary for the public service)]

includes any land which is required to discharge the duties of the said Secretary of State under this section.

(3)The [F30Secretary of State for the Environment, Transport and the Regions] may, if he thinks fit, in discharging his duties under this section enter into arrangements with a local or other public authority for the provision of accommodation to be used in part for the purposes set out in this section, and in part for other purposes, including in particular the sittings of a magistrates’ court.

(4)Schedule 3 to this Act shall have effect as respects premises formerly used for business of the abolished courts, and judges’ lodgings.

29 Accommodation in City of London.E+W

(1)The courthouse and accommodation which up to the appointed day have been respectively known as the Central Criminal Court and the Mayor’s and City of London Court shall continue to be known by those names, and it shall be the duty of the Common Council of the City of London (in this section referred to as “the Common Council”) to continue to make the said premises available for use for the sittings and business of those courts respectively.

(2)The Common Council shall not undertake any alteration or extension of the buildings or accommodation which they are to make available for the purpose of the said courts, or provide further accommodation for that purpose, without the consent of the Lord Chancellor.

(3)The duties imposed by this section on the Common Council may at any time be varied, restricted or terminated by agreement between the Lord Chancellor and the Common Council.

30 Advisory committees.E+W

The Lord Chancellor may constitute, on a permanent or temporary basis, one or more advisory committees to advise him on such questions relating to the Supreme Court and county courts as he may from time to time refer to them, and shall appoint the members of any such committee with regard to their knowledge of the work of the courts and social conditions.

Part VE+W

31—40.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32E+W

Part VIU.K. Miscellaneous and Supplemental

Merger or abolition of certain courts and officesU.K.

41 Merger of Palatine Courts with High Court.E+W

(1)On the appointed day—

(a)the Court of Chancery of the county palatine of Lancaster (in this Act referred to as “the Lancaster Palatine Court”), and

(b)the Court of Chancery of the county palatine of Durham and Sadberge (in this Act referred to as “the Durham Palatine Court”),

shall be merged with the High Court and accordingly on and after that day no jurisdiction, whether conferred by statute or otherwise, shall be exercised by the Palatine Courts as such.

(2)The provisions of Part I of Schedule 5 to this Act shall have effect with respect to certain transitional matters consequential on the provisions of this section.

42 Local court for City of London.E+W

(1)The Mayor’s and City of London Court, as constituted immediately before the commencement of this Act, is hereby abolished.

(2)For the purpose of establishing a court to exercise so much of the jurisdiction previously exercised by the Mayor’s and City of London Court as is appropriate to a county court and for exercising any other jurisdiction which may hereafter be conferred on a county court, the City of London shall, by virtue of this section, become a county court district and accordingly the enactments relating to county courts shall apply in relation to the county court for the City of London as they apply in relation to a county court for any other county court district.

(3)Without prejudice to subsection (1) above, the county court for the district constituted by subsection (2) above shall be known as the Mayor’s and City of London Court and the Circuit judge assigned to that district under section 20(1) of this Act shall be known as the judge of the Mayor’s and City of London Court.

(4)The provisions of Part II of Schedule 5 to this Act shall have effect with respect to certain transitional matters consequential on the provisions of this section.

43 Abolition of certain other local courts.E+W

(1)There are hereby abolished the following local courts of record, being those which actively exercise a civil jurisdiction comparable to or greater than that of the county court for the district in which they are situated:—

(a)the Tolzey and Pie Poudre Courts of the City and County of Bristol;

(b)the Liverpool Court of Passage;

(c)the Norwich Guildhall Court; and

(d)the Court of Record for the Hundred of Salford.

(2)The provisions of Part III of Schedule 5 to this Act shall have effect with respect to certain transitional matters consequential on the abolition of the courts specified in subsection (1) above.

44 Abolition of certain offices.E+W

(1)The following offices are hereby abolished:—

(a)chairman and deputy chairman of county quarter sessions; recorder, and deputy, assistant or temporary recorder, of a borough (but not the Recorder of London); clerk and deputy clerk of the peace;

(b)any judicial or other office in a court abolished or merged with the High Court by the preceding provisions of this Part of this Act, other than the office of Vice-Chancellor of the County Palatine of Lancaster;

(c)clerk of assize, circuit bailiff and any other office the duties of which relate exclusively to courts of assize.

(2)The Lord Chancellor may, with the concurrence of the Minister for the Civil Service, by regulations provide for the payment out of money provided by Parliament of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments which is attributable—

(a)to the preceding provisions of this section, or

(b)to the abolition or merger of any court (including courts of assize, courts of quarter sessions and Palatine courts) by this Act, or

(c)to the transfer by this Act of any function to the Lord Chancellor or to any other Minister.

(3)Regulations under this section may—

(a)include provision as to the manner in which and the person to whom any claim for compensation under the regulations is to be made, and for the determination of all questions arising under the regulations,

(b)make special provision for persons who, but for any national service, would be holders of any office or engaged in any employment,

(c)make different provision for different classes of persons and for other different circumstances, and make, or authorise the Lord Chancellor to make, exceptions and conditions,

(d)be framed so as to have effect from a date earlier than the making of the regulations,

but so that regulations having effect from a date earlier than their making shall not place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.

(4)Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33E+W

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34U.K.

CostsE+W

47—49.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35E+W

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36E+W

51 Construction and consequential amendmentsE+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

(2)Schedule 6 to this Act, which amends enactments about costs, shall have effect.

52 Award of costs where information or complaint is not proceeded with.E+W

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

(3)Where—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

(b)a complaint is made to a justice of the peace acting for any area but the complaint is not proceeded with,

a magistrates’ court for that area may make such order as to costs to be paid . . . F40, by the complainant to the defendant as it thinks just and reasonable.

(4)An order under subsection (3) above shall specify the amount of the costs ordered to be paid.

(5) . . . F40 for the purpose of enforcement an order under subsection (3) above made in relation to a complaint which is not proceeded with shall be treated as if it were an order made under [F41section 64 of the Magistrates’ Courts Act 1980] (power to award, and enforcement of, costs in civil proceedings).

Administrative functions of justicesE+W

53 Administrative functions of justices.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42 the following provisions of this section shall have effect with respect to certain administrative functions exercised by courts of quarter sessions and by members of such courts before the day appointed for the purposes of section 3 of this Act.

(2)(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

(3)Visiting committees appointed as mentioned in subsection (1) of section 6 of the M17Prison Act 1952 (that is to say by courts of quarter sessions for counties and benches of magistrates for boroughs) shall be replaced by boards of visitors appointed under subsection (2) of that section, and accordingly the said section 6 and section 43(4) of the M18Prison Act 1952 (which relates to the application of certain provisions of that Act about prisons to remand centres, detention centres and Borstal institutions) shall be amended in accordance with Part II of Schedule 7 to this Act.

(4)For the purpose of replacing the references to courts of quarter sessions where they occur in the M19Licensing Act 1964 in relation to—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

(b)the licensing planning committee for any licensing planning area that consists of or includes the metropolis, as defined in that Act,

the provisions of that Act specified in Part III of Schedule 7 to this Act shall be amended in accordance with that Part of that Schedule.

F46(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Without prejudice to their effect on appointments made after the commencement of this Act, nothing in F47. . . subsection (4) F48. . . above shall affect the membership of any F47. . . county compensation authority or police committee in existence at the commencement of this Act.

(7)The Secretary of State may by order made by statutory instrument make such amendments as appear to him to be expedient in consequence of the provisions of this Act in—

F49(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Boroughs: honorary officesE+W

54 Boroughs: honorary offices.E+W

(1)The council of a borough shall have power to appoint a person to be honorary recorder of the borough.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

(3)A person shall not be qualified to hold office as an honorary recorder of a borough . . . F52 unless he is a Circuit judge or Recorder (that is to say a Recorder appointed under this Act):

(a)had power by charter to appoint a recorder of the borough, and

(b)did not have a separate court of quarter sessions.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

SupplementalU.K.

55 Financial provisions.E+W

(1)There shall be paid out of money provided by Parliament, or out of the Consolidated Fund, any increase attributable to the provisions of this Act in the sums respectively so payable under any other enactment.

(2)There shall be paid out of money provided by Parliament any sums payable by any Minister under or by virtue of this Act.

(3)Any sum payable under this Act to the Lord Chancellor or any other Minister shall be paid into the Consolidated Fund.

(4)In the application of section 3(1) of the M20Local Government Act 1966 (variation of rate support grant orders) to a rate support grant order made before the date of the coming into operation of any provision of this Act for a grant period ending after that date, the Minister having power to make orders under the said section 3 shall take into account any relief obtained, or likely to be obtained, by local authorities—

(a)which is attributable to the coming into operation of the said provision of this Act, and

(b)which was not taken into account in making the rate support grant order the variation of which is in question.

The provisions of this subsection are without prejudice to section 3(4) of the said Act of 1966 (under which an order under that section may vary the matters prescribed by a rate support grant order).

56 Minor and consequential amendments, transitional provisions and repeals.E+W

(1)Schedule 8 to this Act (which contains consequential and other amendments) shall have effect.

(2)In the enactments listed in Schedule 9 to this Act (which confer jurisdiction transferred to the Crown Court) for any reference to quarter sessions there shall be substituted a reference to the Crown Court.

This subsection applies to references to quarter sessions however expressed and in particular to any reference to “the next court of quarter sessions”, or to the quarter sessions for any particular area, or to any sessions which, by section 13(14) of the M21Interpretation Act 1889, were included in the expression “court of quarter sessions”.

(3)Schedule 10 to this Act, which contains transitional provisions, shall have effect.

(4)The enactments specified in Schedule 11 to this Act (which includes certain obsolete or unnecessary enactments) are hereby repealed to the extent specified in the third column of that Schedule, but subject to any proviso at the end of that Schedule.

57 Interpretation of this Act and rules of construction of other Acts.U.K.

(1)In this Act, unless the context otherwise requires—

• the “appointed day” means the commencement of this Act which, as provided by this Act, may be a different date for different purposes,

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

• “sentence”, in relation to an offence, includes any order made by a court when dealing with an offender including—

  (a)

  a hospital order under [F54Part III of the Mental Health Act 1983], with or without an order restricting discharge, and

  (b)

  a recommendation for deportation made when dealing with an offender.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

(3)Except where the context otherwise requires, in this or any other Act—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

(b)any reference to the courts abolished by this Act shall include a reference to the Lancaster Palatine Court and the Durham Palatine Court (which are abolished on merger with the High Court).

(4)Except where the context otherwise requires, in any Act passed after this Act the expression “recorder” shall not include the Recorder of London or an honorary recorder of a borough.

(5)Any power of making orders contained in any provision of this Act shall include power to vary or revoke an order made under that provision.

(6)It is hereby declared that any power conferred by this Act on the Lord Chancellor or any other authority to give directions includes a power to vary or rescind any direction so given.

(7)Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57E+W

59 Short title, commencement and extent.U.K.

(1)This Act may be cited as the Courts Act 1971.

(2)This Act shall come into force on such date as the Lord Chancellor may by order in a statutory instrument appoint, and different dates may be appointed for different provisions of this Act, or for different purposes.

(3)Without prejudice to the other transitory provisions of this Act, any order under this section may make such transitional provision as appears to the Lord Chancellor to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provisions of this Act then in force, and such savings of the provisions repealed by this Act, as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

(4)A statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)The following provisions of this Act, and no others, shall extend to Scotland—

(a)section 13(8) and, so far as it relates to the Court of Session, section 46,

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

(c)any provision of this Act affecting the operation of the law of Scotland in relation to courts in England and Wales,

(d)the provisions of this Act about interpretation and commencement,

(e)Schedule 8 to this Act so far as it amends section 14 of the M22Indictable Offences Act 1848, . . . F59

(6)The following provisions of this Act, and no others, shall extend to Northern Ireland—

(a)section 46 of this Act except so far as it relates to the Court of Session . . . F60

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

(c)any provision of this Act affecting the operation of the law of Northern Ireland in relation to courts in England and Wales,

(d)the provisions of this Act about interpretation and commencement,

(e)Schedule 8 to this Act so far as it amends section 12 of the M23Indictable Offences Act 1848 and section 30 of the M24Petty Sessions (Ireland) Act 1851.

(7)Schedule 8 to this Act shall extend to the Isle of Man and the Channel Islands so far as it amends section 13 of the M25Indictable Offences Act 1848.

SCHEDULES

F62F62SCHEDULE 1E+W

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

Section 16.

SCHEDULE 2E+W Holders of Certain Existing Judicial Offices

Part IE+W Certain Office-Holders to be Circuit Judges

1(1)On the appointed day the persons then holding office as—

• Vice-Chancellor of the County Palatine of Lancaster,

• Recorder of London, and

• Common Serjeant

shall, by virtue of their offices, become Circuit judges.

(2)On the appointed day any person who, immediately before that day, held one of the following judicial offices (being offices to which no further appointments are to be made or which cease by virtue of this Act) shall, by virtue of this paragraph, become a Circuit judge:—

• Official Referee to the Supreme Court

• Recorder of Liverpool

• Recorder of Manchester

• Additional Judge of the Central Criminal Court

• Assistant Judge of the Mayor’s and City of London Court

• County Court Judge

• Whole-time Chairman or whole-time Deputy Chairman of courts of quarter sessions for Greater London, Cheshire, Durham, Kent and Lancashire.

2(1)Any person who, being appointed Recorder of London after the appointed day, is appointed by Her Majesty to exercise judicial functions shall, by virtue of that appointment, be a Circuit judge.E+W

(2)Any person who after the appointed day is appointed by Her Majesty to be the Common Serjeant shall, by virtue of that appointment, be a Circuit judge.

3(1)Subject to sub-paragraph (2) below, section 17 of this Act shall apply to the holder of any judicial office who becomes a Circuit judge as mentioned in this Part of this Schedule as it applies to a Circuit judge appointed under section 16 of this Act.

(2)In the case of any person who becomes a Circuit judge as mentioned in this Part of this Schedule, other than a person who held an office mentioned in paragraph 1(2) above which ceases by virtue of this Act, nothing in section 17 of this Act shall have the effect of depriving him of the office by virtue of which, or by virtue of his appointment to which, he becomes a Circuit judge.

[F63Part IAE+W Certain Office–Holders Eligible for Appointment as Circuit Judges

Social Security Commissioner appointed under section 97 of the M26Social Security Act 1975.

President of Social Security Appeal Tribunals and Medical Appeal Tribunals or Chairman of such a tribunal appointed under Schedule 10 to that Act.

President of Industrial Tribunals or chairman of such a tribunal appointed under the Industrial Tribunals (England and Wales) Regulations M271965.

President or member of the Immigration Appeal Tribunal appointed under Schedule 5 to the Immigration Act M281971.

Member (excluding the President) of the Lands Tribunal appointed under section 2 of the Lands Tribunal Act M291949.

President of Pensions Appeal Tribunals appointed under the Schedule to the Pensions Appeal Tribunals Act M301943.

President of Value Added Tax Tribunals or chairman of such a tribunal appointed under Schedule 8 to the Value Added Tax Act M311983.

Special Commissioner appointed under section 4 of the Taxes Management Act M321970.

Coroner appointed under section 2 of the Coroners Act M331988.

Master of the Queen’s Bench Division.

Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals.

Admiralty Registrar.

Master of the Chancery Division.

Registrar in Bankruptcy of the High Court.

Taxing Master of the Supreme Court.

District judge of the principal registry of the Family Division.

Registrar of Civil Appeals.

Master of the Court of Protection.

District judge.]

Stipendiary magistrate.

Part IIE+W Supplementary Provisions with Respect to Certain Judicial Officers

4(1)If and so long as any holder of the office of Vice-Chancellor of the County Palatine of Lancaster is also a Circuit judge (whether by virtue of paragraph 1 above or otherwise), he shall take judicial precedence next after the judges of the High Court.E+W

(2)Notwithstanding the repeal by this Act of section 14(1) of the M34Administration of Justice Act 1928, paragraph (d) of that subsection (terms of appointment of Vice-Chancellor of the County Palatine of Lancaster) shall continue to apply in relation to the person who is the holder of that office on the appointed day (but not in relation to any subsequent holder of that office) and shall on and after that day apply in relation to him not only in his capacity as Vice-Chancellor but also in his capacity as a Circuit judge; and accordingly, and without prejudice to paragraph 3(2) above, section 17(4) of this Act shall not apply in relation to that person.

(3)Without prejudice to paragraph 8 below, the Lord Chancellor, with the consent of the Minister for the Civil Service, may make such arrangements as seem to him to be appropriate to secure that the superannuation benefits payable to or in respect of the person who, on the appointed day, holds office as Vice-Chancellor of the County Palatine of Lancaster are not less favourable than those which he enjoyed immediately before the appointed day; and any such arrangements may provide for the cost of those benefits to be defrayed in part by the Duchy of Lancaster.

(4)Rules under section 39A of the M35Superannuation Act 1965 (provision for superannuation benefits payable to or in respect of persons employed in two or more judicial offices of specified descriptions) may make provision with respect to the superannuation benefits payable to or in respect of any person who, immediately before the appointed day, held office as registrar or assistant registrar of the Lancaster Palatine Court, as if his office were included in those specified in paragraphs (a) to (i) of subsection (3) of that section.

5E+WNothing in section 16, section 18(1) or section 19 of this Act shall apply to the manner of appointment or remuneration of, or the pensions and other benefits payable to or in respect of, any person holding office as Recorder of London or Common Serjeant and accordingly those matters shall continue to be provided for as mentioned in Parts II and III of the M36City of London (Courts) Act 1964.

6E+WAfter the appointed day no person shall be appointed an additional judge of the Central Criminal Court under . . . F64 the City of London (Courts) Act 1964, but section 7 of that Act (remuneration and pensions of additional judges and holders of certain other judicial offices) shall continue on and after the appointed day to apply in relation to any person who, immediately before that day, held office as such an additional judge, notwithstanding that he becomes a Circuit judge, and accordingly sections 18(1) and 19 of this Act shall not apply in relation to any such person.

7E+WOn the appointed day section 14 of the M37City of London (Courts) Act 1964 (appointment and removal of the assistant judge of the Mayor’s and City of London Court) shall cease to have effect, but so much of section 18(3) of that Act as provides for the payment of the remuneration of, and any pension or other benefits payable to or in respect of, the assistant judge shall continue on and after the appointed day to apply to the person who immediately before that day held office as the assistant judge of the Mayor’s and City of London Court, and accordingly sections 18(1) and 19 of this Act shall not apply in relation to that person.

8Notwithstanding anything in sections 17 to 19 of this Act, the Lord Chancellor shall make such arrangements as seem to him to be appropriate to secure that, in the case of any person who becomes a Circuit judge as mentioned in paragraph 1 above and whose salary as such is charged on and paid out of the Consolidated Fund, so long as he continues to serve as a Circuit judge his remuneration and the other terms and conditions of his service are not less favourable than those which he enjoyed immediately before the appointed day.

9(1)Subject to the preceding provisions of this Part of this Schedule, for the purpose of determining—E+W

(a)the annual pension payable to a Circuit judge under section [F655 of the Judicial Pensions Act 1981], or

(b)any such derivative benefit payable to or in respect of him as is referred to in [F66section 19(5) of this Act],

service before the day appointed for the purposes of section 16 of this Act in any of the judicial offices specified in paragraph 1(2) above, and service (before 1st April 1965) as a salaried chairman or deputy chairman of the court of quarter sessions for the county of London or of Middlesex, shall be treated as service as a Circuit judge.

(2)Subject to sub-paragraph (3) below, in any case where—

(a)any such pension or derivative benefit as is referred to in sub-paragraph (1) above becomes payable to or in respect of any person; and

(b)the period of that person’s service which falls to be taken into account in determining the amount of that pension or benefit includes, by virtue of sub-paragraph (1) above, service in any judicial office specified in paragraph 1(2) above,

rules made by the Lord Chancellor with the consent of the Minister for the Civil Service may make provision for the payment of contributions towards the cost of the superannuation benefits payable to or in respect of that person by any authority which, before the appointed day, was responsible, directly or indirectly, for meeting the whole or any part of the cost of the superannuation benefits payable to or in respect of former holders of that office.

(3)Rules made under sub-paragraph (2) above shall not require the payment of any contribution in the case of a person who serves at least fifteen completed years as a Circuit judge, disregarding any period of service taken into account by virtue of sub-paragraph (1) above.

(4)The power to make rules under sub-paragraph (2) above shall be exercisable by statutory instrument, and any statutory instrument containing any such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Section 28.

SCHEDULE 3E+W Premises Formerly Used for Business of Abolished Courts

Right of use for Supreme Court and county courtsE+W

1(1)This paragraph has effect—

(a)as respects any premises which were, up to the appointed day, being used to any extent for business of the abolished courts, and

(b)as respects the local authority who were providing the accommodation for the abolished courts,

and has effect in particular to ensure that court proceedings, including proceedings in cases in the course of hearing on the appointed day, can be conducted without any interruption or interference in the transition from the jurisdiction of the abolished courts to the jurisdiction conferred by this Act.

(2)On and after the appointed day it shall be the duty of the authority, up to the extent to which the premises were being used for business of the abolished courts, to make the premises available for Supreme Court or county court business, together with all the fittings, and all furniture, office and other equipment and other chattels previously made available for business of the abolished courts.

(3)If the premises, or any larger premises of which they form part, consist of or comprise a courtroom used or available for use as a magistrates’ court (whether or not it has also been used for business of the abolished courts), and at any time the Lord Chancellor so directs, it shall be the duty of the authority to make the courtroom available for Supreme Court or county court business to the exclusion of all other business, or to such extent as the Lord Chancellor may direct.

A direction under this sub-paragraph may also apply to all other parts of the building used or available for use for the sitting or other business of the magistrates’ court, together with all the fittings, and all furniture, office and other equipment and other chattels, in the courtroom or elsewhere, previously available for business of the magistrates’ court.

(4)Before giving a direction under sub-paragraph (3) above the Lord Chancellor shall consult the Secretary of State, the local authority and any magistrates’ courts committee concerned.

(5)Where under the preceding provisions of this paragraph the authority are to make any premises available, it shall be their duty to heat, light, clean and maintain them.

(6)The appropriate Minister shall pay to the authority—

(a)the reasonable and necessary charges for heating, lighting and cleaning premises made available under this paragraph, and a fair contribution to the cost of any custodial services, and

(b)a fair contribution in respect of the maintenance and repair of the building, and

(c)where the authority pay rent for the premises, a contribution amounting to a fair proportion of the rent, and

(d)where the Lord Chancellor gives a direction under sub-paragraph (3) above, such compensation for any costs of removal and costs of initial adaptation of any alternative accommodation incurred by the authority, as is reasonable in the circumstances,

and if and so far as greater use is made of any premises for Supreme Court and county court business as compared with their use for business of the abolished courts, the appropriate Minister shall make such payment to the authority by way of rent as is reasonable having regard both to the rent which the authority have to pay for alternative accommodation, and to the rent which would be commanded by the accommodation (whether the use was at all times or part-time only) which the authority have had to surrender.

(7)Where under the preceding provisions of this paragraph the authority are to make available any fittings, or furniture, office or other equipment or other chattels—

(a)it shall be their duty to keep them in order and repair and to clean them;

(b)the appropriate Minister shall pay their reasonable and necessary charges under paragraph (a) above;

(c)if and so far as greater use is made of any such fittings or chattels for Supreme Court and county court business as compared with their use for business of the abolished courts, the appropriate Minister shall make such payment to the authority by way of hire payments as is reasonable, but not so as to make any payment in respect of anything taken into account in paying rent under sub-paragraph (6) above.

(8)The appropriate Minister shall also make such payment, if any, as is authorised by paragraph 4 below.

(9)The obligations imposed by this paragraph on any local authority shall terminate on the expiration of a period of ten years beginning with the appointed day, or, in the case of any particular premises, at such earlier time as may be agreed by the Lord Chancellor and the local authority subject to those obligations as respects the premises.

(10)Where sub-paragraph (1)(b) above applies to two or more local authorities, the obligations imposed by this paragraph shall be shared among them in a way corresponding to that in which they provided for the abolished courts, and, where a direction is given under sub-paragraph (3) above, for any magistrates’ court.

Premises acquired by Secretary of StateE+W

2(1)Before any premises used for the business of the abolished courts are purchased by the Secretary of State, the Lord Chancellor shall consult any magistrates’ courts committee concerned.

(2)A local authority owning any premises used for the business of the abolished courts shall have power to sell, lease or otherwise dispose of the premises to the Secretary of State, notwithstanding that they are subject to any trust, or have been dedicated to the public.

(3)Sub-paragraph (2) above shall not be construed as authorising the extinction or curtailment of any public right of way over any part of premises so acquired.

(4)It is hereby declared that any responsibility of a local authority to provide a court room or other accommodation for any magistrates’ court remains unaffected by the acquisition, whether by agreement or compulsorily, by the Secretary of State of any premises used for any such purpose, and accordingly where the Secretary of State acquires any premises the power of the Secretary of State to make the premises available for continued use, to any extent, by a magistrates’ court does not affect the local authority’s responsibility, or absolve them from the duty to pay a proper rent for the accommodation, on such terms and subject to such conditions as may be agreed.

Compulsory purchaseE+W

3(1)This paragraph has effect where—

(a)the Secretary of State, not later than the expiration of a period of three years beginning with the appointed day, gives notice in writing to a local authority of his intention to acquire from that local authority (by compulsory purchase or otherwise) any premises which, up to the appointed day, were being wholly or mainly used for business of the abolished courts or other court purposes, and

(b)the Secretary of State, within the period of ten years beginning with the appointed day, makes a compulsory purchase order authorising the acquisition by him of, or of an interest or estate in, those premises or any part of them.

(2)If the Lord Chancellor is satisfied that the whole of the land comprised in the compulsory purchase order was, up to the appointed day, exclusively used for business of the abolished courts, and so certifies, [F67sections 17 and 18 of the Acquisition of Land Act 1981] (special parliamentary procedure) shall not apply to the order.

(3)The compulsory purchase order may be framed so as also to apply to all or any fittings, furniture, equipment and other chattels in, or usually kept or used in, so much of the premises as was, up to the appointed day, being used for business of the abolished courts, or for the business of a magistrates’ court, and all the provisions of the said [F68Act of 1981], of the M38Land Compensation Act 1961 and of the M39Compulsory Purchase Act 1965 shall have effect accordingly, and subject to any necessary modifications.

(4)If the whole of the land comprised in the compulsory purchase order was, up to the appointed day, exclusively used for business of the abolished courts,—

(a)no compensation shall be payable in respect of the interest or estate of the local authority in the land, but without prejudice to any right to compensation for severance or other injurious affection in respect of any land not acquired, and

(b)no compensation shall be payable in respect of the interest of the local authority in any chattels to which the compulsory purchase order applies by virtue of sub-paragraph (3) above.

(5)Where sub-paragraph (4) above does not apply, the compensation otherwise payable shall be reduced by such amount as will, on a just assessment, secure that no compensation is payable in respect of the land or any chattels to the extent that the land, or any such chattel, was used for business of the abolished courts.

Loan chargesE+W

4(1)Where any premises were, up to the appointed day, being used exclusively for business of the abolished courts, the appropriate Minister shall pay to the local authority an amount equal to the interest element in any loan charge paid by the local authority in respect of the premises, being a loan charge falling due in the period in which the premises are made available under paragraph 1 of this Schedule.

(2)If the premises were not exclusively so used, the appropriate Minister shall pay to the local authority such proportion of the amount payable under sub-paragraph (1) above as is just having regard to the extent to which the premises were so used respectively for business of the abolished courts, and for other purposes (and this sub-paragraph shall be applied without regard to any direction under paragraph 1(3) of this Schedule requiring the premises to be made available to an extent greater than that required under paragraph 1(2)).

5(1)Where the Secretary of State acquires from a local authority, whether compulsorily or by agreement, any premises which, up to the appointed day, were being used exclusively for business of the abolished courts, the appropriate Minister shall pay to the authority—

(a)a sum equal to any loan charge paid by the local authority in respect of the premises, being a loan charge falling due in the period from the beginning of April 1970 to the relevant date, together with

(b)the principal sum outstanding at the relevant date,

but adjusting the payment so as to prevent any amount being paid to the local authority both under this paragraph and under the last preceding paragraph.

In this sub-paragraph “the relevant date” means the date of acquisition or such other date as may be agreed by the appropriate Minister and the local authority.

(2)If the premises were not exclusively so used, the appropriate Minister shall pay to the local authority such proportion of the amount payable under sub-paragraph (1) above as is just having regard to the extent to which the building was so used respectively for business of the abolished courts, and for other purposes.

6(1)For the purposes of this Schedule “loan charge” means any sum due by way of repayment of capital, or payment of interest, in respect of a liability incurred to meet capital expenditure in acquiring, providing, reconstructing or altering the premises in question.

(2)If the Treasury so direct, the provisions of this Schedule about loan charges shall be applied in any case where, in the opinion of the Treasury, the financial arrangements made by a local authority in connection with any capital expenditure are equivalent to the incurring of a capital liability and the discharge of that liability by paying loan charges.

(3)The two last preceding paragraphs, and this paragraph, shall apply in relation to any loan charge in respect of any fittings, or furniture, office or other equipment or other chattels, made available under this Schedule, or acquired by the Secretary of State, as they apply to premises so made available or acquired, but subject to any necessary modifications.

Premises in which more than one local authority are interestedE+W

7(1)If a compulsory purchase order authorises acquisition of the interest or estate of more than one local authority, whether or not each of them were using the premises to discharge obligations as respects the abolished courts, the notice under paragraph 3(1)(a) above shall be given to each of them.

(2)Sub-paragraphs (4) and (5) of paragraph 3, and paragraphs 4, 5 and 6 of this Schedule shall not apply to a local authority who, although having an interest or estate in the premises, were not using the premises to discharge any obligation to provide accommodation for the abolished courts.

This sub-paragraph is without prejudice to the application of the said provisions to the local authority in relation to any other premises.

(3)If different parts of the premises were used for different abolished courts, sub-paragraph (2) above shall be applied to the different parts of the premises as if the parts were different premises.

There shall be made all such apportionments of compensation for compulsory purchase and of loan charges and other sums as are required to give effect to this sub-paragraph, and to take account of ancillary accommodation and of the degree to which it served the respective courts.

Termination of obligation to provide courthouse or sessions-houseE+W

8Any obligation imposed on any authority by law or custom to provide an assize courthouse, or a sessions-house for a court of quarter sessions, or a courthouse for any other court abolished by this Act, shall be terminated on the appointed day.

Judges’ lodgingsE+W

9(1)The duties and responsibilities of sheriffs, and of local authorities, as respects the provision and maintenance of judges’ lodgings shall, subject to the provisions of this paragraph, remain in force after the appointed day, and the accommodation provided in discharge of those duties shall be at the disposal of all judges, but subject to such directions, if any, as may be given by the Lord Chancellor.

(2)A sheriff or other authority shall be entitled to be reimbursed out of money provided by Parliament for any expenditure incurred by the authority in the performance of duties in pursuance of this paragraph.

(3)All the said duties and responsibilities shall be terminated at the expiration of a period of three years beginning with the appointed day, or in the cases specified in the following provisions of this paragraph, at an earlier date.

(4)If the Lord Chancellor is satisfied that any particular accommodation will cease to be needed, he may by notice to the sheriff or authority terminate the duties and responsibilities as respects that accommodation on the date specified in the notice.

(5)If any particular accommodation is comprised in premises acquired by the Secretary of State, the duties and responsibilities as respects that accommodation shall terminate at the time of acquisition.

Reference of disputes to Lands TribunalE+W

10(1)Any dispute between a Minister and a local authority as to whether any, and if so what, amount is payable under this Schedule shall be referred to and determined by the Lands Tribunal.

(2)Where any question of disputed compensation under the M40Compulsory Purchase Act 1965 is referred to the Lands Tribunal, any related question referable under sub-paragraph (1) above shall, so far as practicable, be considered and disposed of by the Lands Tribunal on the same occasion.

Exclusion of premises in City of LondonE+W

11Nothing in this Schedule applies to any premises in the City of London.

SupplementalE+W

12(1)In this Schedule, unless the context otherwise requires—

• the “appropriate Minister” means either the Secretary of State or the Lord Chancellor, and, where a liability to make any payment is imposed on the appropriate Minister, it shall be the liability of either of them, or divided between them, as they may agree with the concurrence of the Treasury.

• “business of the abolished courts” means the holding of—

  (a)

  a court of assize or court of quarter sessions, or

  (b)

  any other court abolished by this Act,

  and any official business in connection with the work of any such court;

• “local authority” has the same meaning as in the [F69Acquisition of Land Act 1981],

• “Supreme Court and county court business” includes any official business in connection with the work of any such court.

(2)Any reference in this Schedule to use for business of the abolished courts, or for Supreme Court or county court business, includes use for any purpose ancillary to that business, and includes in particular use of a car park by officials and members of the public when attending in connection with any such business, and in determining the extent of use of any premises, account shall be taken of the periods when use is made of the premises, the degree of use of the premises, and the availability of the premises for other purposes when not so used.

(3)In determining for the purposes of this Schedule what use was made of any premises up to the appointed day, account shall primarily be taken of use in the two years ending with the appointed day, but allowing for the periodical or seasonal nature of the sittings of courts of assize or other courts, and where the degree of use is different in the two years, making an estimate of the average use.

(4)If on the appointed day any building is in course of construction which is designed and intended for use, to any extent, for business of the abolished courts, this Schedule shall, except where the context otherwise requires, apply as if it were a completed building being used up to the appointed day for the purposes for which it is intended.

F70F70SCHEDULE 4E+W

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

Sections 41 to 43.

SCHEDULE 5E+W Transitional Provisions consequential on Merger or Abolition of certain Courts

Part IE+W The Palatine Courts

InterpretationE+W

1In this Part of this Schedule—

• “the Palatine Court” means the Lancaster Palatine Court or the Durham Palatine Court, as the case may require; and

• “the relevant date”, in relation to the Palatine Court, means the date on which it ceases to exercise any jurisdiction by virtue of section 41(1) of this Act.

Pending ProceedingsE+W

2(1)Subject to any provision made (whether before or after the relevant date) by Rules of the Supreme Court,—

(a)any proceedings which had been begun in the Palatine Court before the relevant date may be continued on and after that date in the High Court as if they had been begun in the High Court; and

(b)anything done in accordance with the rules applicable to proceedings in the Palatine Court shall be treated as having been done in accordance with the rules applicable to corresponding proceedings in the High Court.

(2)Any act, judgment or order of the Palatine Court in any proceedings shall have the like effect; and further proceedings may be taken in respect of it, as if it were an act, judgment or order of the High Court.

FeesE+W

3(1)All fees and other payments which, having become due in the Lancaster Palatine Court in accordance with any order made under the Chancery of Lancaster Acts 1850 to 1961, had not been paid before the relevant date, shall on and after that date become due to the Duchy of Lancaster, and all money which immediately before that date stood to the credit of, or was awaiting payment into any of the Fee Fund Accounts of the Lancaster Palatine Court shall on that date vest in the Duchy.

(2)Any money due to the Duchy of Lancaster by virtue of sub-paragraph (1) above shall be recoverable as if it were due to the Duchy under an order of the High Court; and all sums received by the Duchy by virtue of that sub-paragraph shall form part of the revenue of the Duchy.

(3)All fees and similar payments which, having become due in the Durham Palatine Court, had not been paid before the relevant date shall on and after that date become due to the registrar of the Durham district registry of the High Court as fees in the High Court, and all money received as fees or similar payments in the Durham Palatine Court and held immediately before the relevant date by the registrar of the Durham district registry of the High Court in his capacity as Registrar of the Durham Palatine Court shall be dealt with by him, on and after that date, as High Court fees received by him in his capacity as a district registrar.

Funds in courtE+W

4(1)On the relevant date all investments and money which, immediately before that date, constituted the funds in court in the Palatine Court shall, by virtue of this Act and without any transfer or assignment, be vested in the Accountant General of the Supreme Court as funds in the Supreme Court.

(2)In dealing with any investments and money vested in him by virtue of sub-paragraph (1) above, the Accountant General of the Supreme Court shall comply with any directions which the Lord Chancellor may consider it expedient to give to him with a view to securing the transition of the administration of the funds in court in the Palatine Court to the Supreme Court.

(3)The transfer of any funds under sub-paragraph (1) above shall not affect the right of any person in or to any of those funds, and any such right may be enforced on and after the appointed day as if it had always been a right in respect of funds in the Supreme Court.

(4)On the relevant date there shall be vested in the Accountant General of the Supreme Court any outstanding liabilities of the Lancaster Palatine Court in respect of sums which at one time formed part of the funds in court in the Lancaster Palatine Court but which ceased to do so at some time prior to that date; and any amounts required to meet any such liabilities shall be paid out of the Consolidated Fund to the Accountant General.

(5)On the relevant date section 52 of the M41Administration of Justice Act 1956 (provision for transfer to charities and ecclesiastical corporations of certain funds in the Lancaster Palatine Court) shall cease to have effect and any funds which, immediately before that date, might have been dealt with under that section may, on and after that date, be dealt with under section 15 of the M42Administration of Justice Act 1928 (corresponding provision for transfer of funds in the Supreme Court).

Court RecordsE+W

5All records of the Palatine Court shall on and after the relevant date be deemed to be records of the Supreme Court and shall be dealt with accordingly under the M43Public Records Act 1958.

Part IIE+W Mayor’s and City of London Court

InterpretationE+W

6In this Part of this Schedule—

• “the City Court” means the Mayor’s and City of London Court;

• “the county court” means the county court for the City of London established by virtue of section 42(2) of this Act;

• “the relevant date” means the date on which the City Court is abolished.

Pending proceedingsE+W

7(1)Any proceedings which had been begun in the City Court before the relevant date may be continued on and after that date in the county court, whether or not the proceedings could have been begun in a county court.

(2)Where, by virtue of sub-paragraph (1) above, proceedings which would not otherwise be within the jurisdiction of a county court are continued in the county court,—

(a)the county court shall have the like jurisdiction in respect of the proceedings as if it were the City Court and as if section 42(1) of this Act had not been enacted; and

(b)notwithstanding the repeals effected by this Act, section 19(2) of the M44City of London (Courts) Act 1964 (procedure for non-county court cases) shall apply to the proceedings with the modification that for any reference in the enactment or rules referred to in that section to the City Court there shall be substituted a reference to the county court, and section 15 of the M45Administration of Justice (Miscellaneous Provisions) Act 1938 (appeals from the City Court) shall apply accordingly.

(3)Notwithstanding anything in this Act, the provisions of any enactment or rule of law applicable immediately before the relevant date to any act, judgment or order of the City Court shall continue to apply thereto on and after the relevant date, but anything required on or after the relevant date to be done by or to the City Court or any officer thereof, under or by virtue of any such enactment or rule of law, shall be treated as validly done if done by or to the county court.

Outstanding feesE+W

8All fees and similar payments which, having become due in the City Court, had not been paid before the relevant date shall become due on and after the relevant date to the Common Council of the City of London and shall be recoverable as if they were due to the Common Council under an order of the High Court.

Funds in courtE+W

9(1)On the relevant date all investments and money which immediately before that date constituted the funds in court in the City Court shall, by virtue of this Act and without any transfer or assignment, be vested, subject to sub-paragraph (2) below, in the registrar of the county court as funds in that court.

(2)So much of the investments and money referred to in sub-paragraph (1) above as, immediately before the relevant date, was held in the joint names of the Chamberlain of the City of London and the registrar of the City Court shall, instead of being vested solely in the registrar of the county court in accordance with that sub-paragraph, be vested, by virtue of this Act and without any transfer or assignment, jointly in the registrar of the county court and the Accountant-General of the Supreme Court.

Part IIIE+W Other Local Courts

InterpretationE+W

10In this Part of this Schedule—

• “the local courts” means the courts abolished by section 43(1) of this Act and “local court” means any one of those courts;

• “the relevant date” in relation to a local court means the date on which it is abolished; and

• “the county court”, in relation to a local court, means the county court for the district in which the local court is situated.

Pending proceedingsE+W

11(1)Subject to any provision made (whether before or after the relevant date) by county court rules:—

(a)any proceedings which had been begun in a local court before the relevant date may be continued on and after that date in the county court, whether or not the proceedings could have been begun in that or any other county court; and

(b)anything done in accordance with the rules applicable to proceedings in the local court shall be treated as having been done in accordance with the rules applicable to corresponding proceedings in the county court.

(2)Any act, judgment or order of a local court in any proceedings shall have the like effect, and further proceedings may be taken in respect of it, as if it were an act, judgment or order of the county court.

(3)Where, by virtue of sub-paragraph (1) above, any proceedings are continued in a county court which could not have been begun in that or any other county court, the court shall have jurisdiction to deal with the proceedings in the like manner as the local court would have had if it had not been abolished.

FeesE+W

12(1)All fees and similar payments which, having become due in a local court, had not been paid before the relevant date shall on and after that date become due to the appropriate local authority, and all sums which immediately before that date stood to the credit of, or were awaiting payment into, any account maintained by a local court for the receipt of fees and similar payments shall on that date vest in the appropriate local authority.

(2)All money due to the appropriate local authority by virtue of sub-paragraph (1) above shall be recoverable as if it were due to the authority under an order of the High Court.

(3)For the purposes of this paragraph “the appropriate local authority” means—

(a)in relation to the Tolzey Court or the Pie Poudre Court of the City and County of Bristol, the council of the county borough of Bristol;

(b)in relation to the Liverpool Court of Passage, the council of the county borough of Liverpool;

(c)in relation to the Norwich Guildhall Court, the council of the county borough of Norwich; and

(d)in relation to the Court of Record for the Hundred of Salford, the council of the county borough of Manchester.

Funds in courtE+W

13On the relevant date all investments and money which immediately before that date constituted the funds in court in a local court shall, by virtue of this Act and without any transfer or assignment, be vested in the registrar of the county court as funds in that court.

Court recordsE+W

14All records of the local courts shall on and after the relevant date be deemed to be records of county courts and may be dealt with accordingly under the M46Public Records Act 1958.

Section 51.

SCHEDULE 6E+W AMENDMENTS RELATING TO COSTS IN CRIMINAL CASES ETC.

1—5.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

Betting, Gaming and Lotteries Act 1963E+W

6In paragraph 23 of Schedule 1 to the M47 (award of costs of local authority out of local funds) in sub-paragraph (1) for the words “local funds” there shall be substituted the words “central funds”.

Licensing Act 1964.E+W

7In section 25 of the M48Licensing Act 1964 (award of costs of licensing justices out of local funds), in subsection (1), for the words “local funds” there shall be substituted the words “central funds”.

Criminal Justice Act 1967E+W

8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

9(1)In section 32 of the M49Criminal Justice Act 1967, in subsection (2), for the words from the beginning to “said Act of 1966” there shall be substituted the words “Section 5 of the Costs in Criminal Cases Act 1952 (costs awarded by magistrates’ courts out of central funds), section 26 of the Criminal Appeal Act 1968 (payment of expenses of witnesses in connection with criminal appeals out of central funds), section 33 of the M50Courts-Martial (Appeals) Act 1968” and after the words “Courts-Martial Appeal Court)” there shall be inserted the words “and section 47 of the Courts Act 1971 (costs awarded by Crown Court out of central funds)”.E+W

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

10E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

Gaming Act 1968E+W

12E+WIn paragraph 30 of Schedule 2 to the M51Gaming Act 1968 (awards of costs of licensing authority out of local funds), in sub-paragraph (2), for the words “local funds” there shall be substituted the words “central funds”.

13In paragraph 14 of Schedule 9 to the Gaming Act 1968 (award of costs of local authority or licensing justices out of local funds), in sub-paragraph (2), for the words “local funds” there shall be substituted the words “central funds”.

Section 53.

SCHEDULE 7E+W ADMINISTRATIVE FUNCTIONS OF JUSTICES

PART IE+W AMENDMENTS OF JUSTICES OF THE PEACE ACT 1949

[F761E+WIn section 16 of the Justices of the Peace Act 1949, paragraph (b) of the proviso to subsection (2), subsection (5) from the words “so however” onwards and subsection (6)(a) shall be omitted.]

2(1)In Schedule 4 to that Act, in paragraph 1, in sub-paragraph (1) after the word “composed”there shall be inserted the words “subject to sub-paragraph (2) below”, and at the end of sub-paragraph (1)there shall be inserted the following sub-paragraph:—E+W

“(2)The magistrates’ courts committee for any area may, with his consent, co-opt a judge of the High Court, Circuit judge or Recorder to serve as a member of the committee”.

(2)Paragraphs 1(3) and 4 of that Schedule shall be omitted.

3E+WFor paragraph 5 of Schedule 4 to that Act there shall be substituted the following paragraph:—

5.Where the magistrates for a county are required to meet for the purpose of carrying out any functions under the preceding paragraphs, a meeting shall be convened by the magistrates’ courts committee or, if there is no such committee in being or the Secretary of State considers it appropriate, by the Secretary of State.

PART IIE+W AMENDMENTS OF THE PRISON ACT 1952

4(1)In section 6 of the M52Prison Act 1952, subsection (1) shall be omitted.

(2)In subsection (2) of that section the words “other than a prison mentioned in subsection (1) of this section” shall be omitted.

(3)In subsection (3) of that section the words “visiting committee and” and the words “visiting committee or” shall be omitted.

(4)Subsection (4) of that section shall be omitted.

5In section 43(4) of that Act, in paragraph (a) the words “subsection (1) of section six” shall be omitted and for paragraph (c) there shall be substituted the following paragraph:—

“(c)rules made under section 47 of this Act may require the board of visitors appointed by any Borstal institution to consider periodically the character, conduct and prospects of each of the persons detained therein and to report to the Secretary of State on the advisability of his release under supervision.”

PART IIIE+W

6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

7, 8.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

9E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

Section 56.

SCHEDULE 8U.K. Amendments of other Acts

Part IE+W General

Administrative functions of quarter sessions and clerks of the peaceE+W

1(1)Any function of courts of quarter sessions, or of committees of quarter sessions, which relates—E+W

(a)to the deposit of plans or documents, other than those relating to judicial business, or

(b)to the keeping of records other than those relating to judicial business, or

(c)to any other matter which is not of a judicial nature,

shall be transferred to the local authorities for the areas to which those matters relate.

(2)Any function of clerks of the peace, or deputy clerks of the peace, relating to any of the matters mentioned in sub-paragraph (1) above shall be transferred to the clerks of the local authorities for the areas to which those matters relate.

(3)The preceding provisions of this paragraph are without prejudice to—

(a)sections 3 and 31 of the M53Local Government Act 1888 (which transferred certain quarter sessions functions to councils of counties or county boroughs), and

(b)section 101 of the M54Local Government Act 1933 (which transferred certain functions of clerks of the peace to clerks of county councils).

(4)References in this paragraph to local authorities—

(a)do not include the Greater London Council,

(b)include county councils, but not any authority for a part of a county:

Provided that as respects matters in the Isles of Scilly the Council of the Isles of Scilly shall be the local authority.

(5)So far as any matter referred to in this paragraph relates to the Inner Temple or the Middle Temple, references in this paragraph to local authorities, or to clerks of local authorities, are references to the Sub-Treasurer of the Inner Temple or, as the case may be, the Under-Treasurer of the Middle Temple.

General rules of constructionE+W

2(1)In any enactment or other instrument for any reference or expression in the first column of the Table below there shall be substituted the relevant reference or expression in the second column of the Table.

(2)Sub-paragraph (1) above applies to Acts or instruments passed or made before the appointed date or later.

(3)The preceding provisions of this paragraph apply subject to the provisions of this Act, and only except where the context otherwise requires, and in particular do not apply in relation to a sentence imposed, or other thing done, by a court before the appointed day.

Nothing in the Table above shall be taken as affecting any enactment which, as respects any judicial or other office abolished by this Act, provides for—

(a)the appointment, retirement, or removal of the officer, or

(b)the tenure of office and oaths to be taken by any such officer, or

(c)the remuneration, allowances or pensions of any such officer;

and nothing in the Table above shall apply to any reference to records of any court.

Amendments of local ActsE+W

3(1)The Lord Chancellor may by order in a statutory instrument provide for such amendments or repeals of provisions of any local Act as appears to him required to give effect to the provisions of this Act.E+W

(2)An order under this paragraph may, in particular, provide, if in the opinion of the Lord Chancellor there are special circumstances justifying it, for any jurisdiction of a court of quarter sessions under any local Act to be abolished, or transferred otherwise than to the Crown Court.

(3)An order under this paragraph may contain such transitional and other supplemental and incidental provisions as appear to the Lord Chancellor to be necessary or expedient.

(4)A statutory instrument under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part IIU.K. Miscellaneous Amendments

Habeas Corpus 1679E+W

4(1)In section 2 of the M57Habeas Corpus Act 1679 for the words from “in the Court of Kings Bench” to “case shall require” substitute “in the Crown Court”.E+W

(2)In section 8 of the said Act for “judge of assize” substitute “judge of the Crown Court”.

Vagrancy Act 1824E+W

5E+WThe M58Vagrancy Act 1824 shall be amended as follows:—

(a)in section 5, as amended by the M59Criminal Justice Act 1967, for “quarter sessions” substitute “the Crown Court”,

(b)in section 10 for the words from “quarter sessions” to “assembled” substitute “the Crown Court, it shall be lawful for the Crown Court”, and

(c)in section 14 for the words following “appeal to” to the end of the section substitute “the Crown Court”.

6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

Parliamentary Documents Deposit Act 1837E+W

7E+WFor any reference in the M60Parliamentary Documents Deposit Act 1837 to the clerk of the peace there shall be substituted a reference to any officer of a local or other authority.

Slave Trade Act 1843E+W

8In section 4 of the M61Slave Trade Act 1843 (evidence taken abroad) for any reference to the High Court (whether in terms a reference to the Court of Queen’s Bench or otherwise) there shall be substituted a reference to the Crown Court.

Indictable Offences Act 1848U.K.

9U.K.In sections 12, 13 and 14 of the M62Indictable Offences Act 1848 (backing of warrants) for ant reference to justices of oyer and terminer or gaol delivery, except so far as it is a reference to such a justice in Northern Ireland, there shall be substituted a reference to the Crown Court.

Petty Sessions (Ireland) Act 1851E+W+N.I.

10E+W+N.I.In section 30 of the M63Petty Sessions (Ireland) Act 1851 for the reference to justices of oyer and terminer and general gaol delivery in England there shall be substituted a reference to the Crown Court.

11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

Explosives Act 1875E+W

F8212E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

Central Criminal Court (Prisons) Act 1881E+W

14In section 2(5) of the M64Central Criminal Court (Prisons) Act 1881 for the words “at the Central Criminal Court” substitute “before the Crown Court sitting at the Central Criminal Court or elsewhere in Greater London”.

Coroners Act 1887E+W

15(1)In section 5 of the M65Coroners Act 1887—E+W

(a)in subsection (2) for the words “at the next” to “is to be” substitute “before the Crown Court”.

(b)in subsection (3) for the words following “proper officer” substitute “of the Crown Court”.

(2)&(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

Witnesses (Public Inquiries) Protection Act 1892E+W

16E+WIn section 3 of the M66Witnesses (Public Inquiries) Protection Act 1892 for the words from “quarter sessions” to the end substitute “ Crown Court”.

M67Indictments Act 1915E+W

17(1)In section 2 of the M68Indictments Act 1915 references to the rule committee shall be construed as references to the Crown Court rule committee, but this amendment shall not invalidate any rules previously made.

(2)A statutory instrument containing rules under section 2 of the said Act of 1915 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

18E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85

Criminal Justice Act 1925E+W

19E+WIn section 33(3) of the M69Criminal Justice Act 1925 (arraignment of corporation) for the words from the beginning to “case may be” substitute “On arraignment of a corporation, the corporation may”.

M70Coroners (Amendment) Act 1926E+W

20(1)The provisions of this Act about committal for trial by a magistrates’ court, and the provisions of section 7(2) and section 13 of this Act, shall, subject to the provisions of this paragraph, apply with any necessary modifications to the proceedings mentioned in section 25(2) of the M71Coroners (Amendment) Act 1926.E+W

(2)Rules under the said section 25(2) may apply—

(a)the provisions of this Act mentioned in sub-paragraph (1) above, and any other enactment relating to committal by magistrates’ courts for trial in the Crown Court, and

(b)the provisions of the M72Criminal Procedure (Attendance of Witnesses) Act 1965 relating to witness orders.

with such modifications as may be necessary for giving effect to provisions of the said section 25.

(3)Sub-paragraph (1) above shall have effect subject to any rules so made.

Petroleum (Consolidation) Act 1928E+W

F8621E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

23E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88

Criminal Justice Act 1948E+W

24E+WIn the M73Criminal Justice Act 1948—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89

(b)in all places where there occurs a reference to a court of quarter sessions (sections . . . F90 20(5)(a), 37(3)(6)) there shall be substituted a reference to the Crown Court.

25—27.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91

28(1)In section 37 of that Act, for paragraph (b) of subsection (1) there shall be substituted the following paragraph—E+W

“(b)the High Court may release on bail a person—

(i)who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or

(ii)who has applied to the High Court for an order of certorari to remove proceedings in the Crown Court on his case into the High Court, or has applied to the High Court for leave to make such an application.”

(2)At the end of subsev=ction (3) of that section there shall be added the words “or by a police officer not below the rank of inspector or the governor of a prison or the keeper of a place of detention”.

29E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

30E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F93

31E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94

32E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

Prison Act 1952E+W

33E+WIn section 47(5) of the M74Prison Act 1952 as amended by the M75Criminal Justice Act 1961 for the words “at assizes or quarter sessions” substitute “before the Crown Court” and for “quarter sessions” substitute “the Crown Court”.

34E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96

County Courts Act 1959E+W

F9735E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F98

Obscene Publications Act 1959E+W

37E+WIn section 3(50 of the M76Obscene Publications Act 1959 (time of coming into force of forfeiture order) for the words from “fourteen days” to “order is made” substitute “the period within which notice of appeal to the Crown Court may be given against the order”.

38E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F99

Caravan Sites and Control of Development Act 1960E+W

39E+WIn section 9(2) of the M77Caravan Sites and Control of Development Act 1960 (time of coming into force of order revoking a licence) for the words from “on such date” to the words “case stated or otherwise” substitute “on such date as the court may specify in the order, being a date not earlier than the expiration of any period within which notice of appeal (whether by case stated or otherwise) may be given against the conviction”.

Administration of Justice Act 1960E+W

40(1)In section 13(2) of the M78Administration of Justice Act 1960 (appeal in cases of contempt of court) after paragraph (b) insert—E+W

“(bb)from an order or decision of the Crown Court to the Court of Appeal.”

(2)In section 13(5)(a) of the said Act after “High Court” insert “the Crown Court”.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F100

Criminal Justice Act 1961E+W

F10141E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

This Amendment shall cease to have effect when the relevant repeal by the M79Children and Young Persons Act 1969 takes effect.

M80Licensing Act 1964E+W

42(1)In section 28(3)(b) of the Licensing Act 1964 after the words “justices of the peace” insert “or the Crown Court”.

(2)So far as section 193(1) of the said Act (disqualification of justices) relates to justices sitting in, or otherwise discharging the business of, the Crown Court, for the reference in that subsection to their acting in any area having a separate commission of the peace substitute a reference to their dealing (in the Crown Court) with proceedings which are related to that area in any way.

(3)For the purposes of the said Act that part of the county borough of Stockport which, at the passing of the M81Criminal Justice Administration Act 1956, formed part of Cheshire shall instead belong to Lancashire, and to the hundred of Salford in the same way as the remainder of the borough.

M82Administration of Justice Act 1964E+W

43(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102E+W

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F104

44E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F105

M83Criminal Procedure (Attendance of Witnesses) Act 1965E+W

45F106(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F107(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)For the purposes of section 13 of this Act a warrant issued under section 4 of the said Act (warrant of arrest to secure attendance of witness) shall be treated as a warrant issued by the Crown Court.

(4)In section 4(2) of the said Act for the words “a court of assize or quarter sessions” substitute “the Crown Court”.

F107(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108

47E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F109

Criminal Justice Act 1967E+W

48In the M84Criminal Justice Act 1967—

(a)in all places where there occurs a reference to a court of assize or quarter sessions (sections . . . F110 56(1)(3)(5)(8)(11), 62(10) . . . F110 and in Schedule 6 paragraphs 2, 14, 16, 21(c)) there shall be substituted a reference to the Crown Court.

(b)in all places where there occurs a reference to a court of quarter sessions (sections 20, 22(3), 56 . . . F111 (6), 62(6)(7), . . . F112 and in Schedule 6 paragraph 1) there shall be substituted a reference to the Crown Court.

49In section 9(5) of that Act, for paragraphs (a) and (b) there shall be substituted the words “by a puisne judge of the High Court, a Circuit judge or Recorder sitting alone”.

50E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113

51E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F114

52E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

53, 54.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F116

55(1)In subsection (8) of section 56 of that Act, for the words “the court to which he is committed” there shall be substituted the words “the Crown Court”.

(2)In subsection (9) of that section for the words “the clerk of the court to which he is committed” there shall be substituted the words “the proper officer of the Crown Court”.

(3)In subsection (10) of that section for the words “the court to which he is committed” there shall be substituted the words “the Crown Court”.

56E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117

Criminal Appeal Act 1968E+W

57(1)In the M85Criminal Appeal Act 1968—E+W

(a)for the words “a court of assize or quarter sessions” wherever they occur (sections 10(1), F118. . .11(2)) substitute the words “the Crown Court”.

(b)for the words “at assizes or quarter sessions” wherever they occur (sections 10(2), (3), 24(2)(b), 39(3)) substitute the words “before the Crown Court”.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119

(3)In section 51(1) of the said Act for the definition of the judge of the court of trial substitute— “the judge of court of trial” means, where the Crown Court comprises justices of the peace, the judge presiding. ”

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968E+W

58E+WIn section 1(4) of the M86Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 after the words “the High Court” add the words “the Crown Court”.

Children and Young Persons Act 1969E+W

59F120(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In the subsection (3B) in paragraph 1(3) and in paragraph 4(3) of Schedule 1 to the said Act for the words “a court of quarter sessions” substitute “the Crown Court”.

Administration of Justice Act 1970E+W

60(1)In section 4(2) of the M87Administration of Justice Act 1970 for the words “at assizes” substitute “the Crown Court”.

(2)In section 43(1)(b) of the said Act for the words “assizes or quarter sessions” substitute “ the Crown Court”.

(3)In paragraphs 1 to 15 of Schedule 9 to the said Act for the words “quarter sessions” and the words “a court of assize or quarter sessions” wherever they occur substitute “the Crown Court”.

(4)For paragraphs 16 to 20 of the said Schedule 9 substitute the following paragraph—

“16Any order for the payment of costs made by the Crown Court, other than an order falling within Part I above, or an order for costs to be paid out of money provided by Parliament.”

Section 56.

SCHEDULE 9E+W Quarter Sessions Jurisdiction: Substitution of References to Crown Court

Part IE+W Appellate Jurisdiction

Part IIE+W Original Jurisdiction

Section 56.

SCHEDULE 10.E+W Transitional Provisions

Part IE+W Criminal Assize Courts and Courts of Quarter Sessions

1(1)Subject to the provisions of this Act, for the purpose of enabling proceedings instituted before the appointed day to be continued thereafter, and for preserving in other respects the continuity of the administration of justice, the Crown Court shall be treated as succeeding to, and being the same court as, all criminal assize courts and, except as respects functions not transferred to the Crown Court, all courts of quarter sessions.

(2)Any order, writ, summons, warrant, recognizance, notice, grant of legal aid or other proceeding or document shall have effect in accordance with sub-paragraph (1) above, and shall be construed, unless the context otherwise requires, in accordance with the Table in Part I of Schedule 8 to this Act.

(3)In any proceedings in which a magistrates’ court has committed a person for trial at, or otherwise given direction as respects the hearing of proceedings by, a specified court of assize or court of quarter sessions, the place and time of trial of the proceedings in the Crown Court shall be determined in accordance with directions given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor.

Part-heard proceedingsE+W

2(1)Any proceeding the hearing of which has begun but is not completed before the appointed day before a criminal court of assize or before a court of quarter sessions shall, subject to the provisions of this paragraph, be continued and disposed of as if this Act had not been passed.

(2)Sub-paragraph (1) above shall not affect the provisions of Schedule 3 to this Act as to the provision of court accomodation.

(3)A local or other authority shall be entitled to be reimbursed by the Lord Chancellor in respect of any expenditure incurred by the authority in consequence of sub-paragraph (1) above which, but for the provisions of that sub-paragraph, would have been payable by the Lord Chancellor or some other Minister.

Costs in criminal casesE+W

3Nothing in this Act shall affect any order made before the appointed day for the payment of costs our of local funds within the meaning of the M132Costs in Criminal Cases Act 1952, and except so far as the Lord Chancellor otherwise directs, any such costs shall be taxable and recoverable as if this Act had not been passed.

Records of courts of quarter sessionsE+W

4Before the appointed day the clerk of the peace of each court of quarter sessions shall make arrangements, in accordance with directions given by or on behalf of the Lord Chancellor, for the disposal in accordance with those directions of all records in his custody or control which relate to the judicial business of the court of quarter sessions.

Part IIE+W Courts: Miscellaneous

Civil courts of assizeE+W

5(1)Subject to any provision made by rules of court, and to sub-paragraph (2) below—

(a)any civil proceedings which had been begun in a court of assize before the appointed day may be continued on and after the appointed day in the High Court as if they had been begun in the High Court and not assigned to a court of assize, and

(b)any act, judgment or order in civil proceedings in a court of assize shall be treated as having been done in accordance with the rules applicable to proceedings in the High Court, other than in a court of assize.

(2)Any civil proceedings in a court of assize the hearing of which has begun but is not completed before the appointed day shall be continued and disposed of as if this Act had not passed.

Directions by Lord Chief JusticeE+W

6(1)The Lord Chief Justice may if it appears to him expedient give directions as to the conduct of any proceedings instituted in any court abolished by this Act if in his opinion the direction is required to meet any difficulty arising from the transfer by this Act of the jurisdiction of any of those courts.

(2)The preceeding provisions of this Schedule, and the provisions of Schedule 5 to this Act, shall have effect subject to any direction under this paragraph.

(3)A direction under this paragraph may relate either to a specified proceeding, or to proceedings of a specified class or description.

Part IIIE+W County Court Judges

7Each person who, immediately before the appointed day, held office as judge for a county court district shall be treated, on and after that day, as having been assigned to that district (in his capacity as a Circuit judge) under section 20(1) of this Act.

8Notwithstanding anything in section 20(4) of this Act, the termination by virtue of that section of a person’s appointment as temporary or deputy judge of a county court shall not prevent him from continuing to deal with any case which had been begun before him before the appointed day; and for the purposes of that case and of any proceedings subsequent thereon he shall continue, on and after the appointed day, to be treated as a temporary or deputy judge of the county court concerned as if section 20(4) of this Act and the repeal of the provisions of the M133County Courts Act 1959 relating to temporary and deputy judges of county courts had not been enacted.

Part IVE+W Judges, Officers and Staff

Continuation of appointmentsE+W

9(1)The repeals made by this Act shall not affect the appointment of any judge, officer or other person made before the repeal takes effect, but without prejudice to any provision of this Act abolishing any office or employment.E+W

(2)The repeals made by this Act shall not affect any pension or other right in respect of service before the repeal takes effect.

Jury serviceE+W

10The abolition by this Act of the offices of clerk of assize, clerk of the peace and other offices shall not affect the operation of section 16 of the M134Criminal Justice Act 1967 (under which certain persons are exempt from jury service for ten years after ceasing to hold office).

11, 12.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F150

13, 14.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F151

15(1)In relation to any person who, before the day appointed for the coming into force of section 44(1)(a) of this Act held office as a clerk of the peace or a deputy clerk of the peace, the repeal by this Act of—E+W

(a)section 9(2) of the M135Local Government (Clerks) Act 1931,

(b)any provision of the M136Local Government Superannuation Act 1937,

(C)any provision of the M137Local Government Superannuation Act 1953, and

(d)sections 8 and 29 of the M138Administration of Justice Act 1964.

shall not affect the continued operation of those provisions or of any regulations made under them so far as they relate to rights accrued, contributions made and other things done before that day.

(2)Without prejudice to sub-paragraph (1) above, for the purposes of—

(a)any statutory provision contained in or made or issued under the Local Government Superannuation Acts 1937 to 1953, the M139Superannuation (Miscellaneous Provisions) Act 1948 or Part III of the M140National Insurance Act 1965, which is in force at the passing of this Act, and

(b)except as may be otherwise expressly provided therein, any enactments passed after the passing of this Act whereby any of those Acts is amended, extended or superseded, and any statutory instrument which after the passing of this Act is made or issued under any of those Acts or such an enactment,

in any case where, at the time after the day appointed for the purposes of section 44(1) of this Act, a court of quarter sessions would, if this Act had not been passed, have been the employing authority in relation to a clerk of the peace, deputy clerk of the peace or other officer of the court who before that day died while serving, or otherwise ceased to serve, in that employment, or in relation to the widow or any other dependant of such a person, the relevant local authority, as defined in sub-paragraph (3) below, shall be treated as being at that time the employing authority in relation to that person or, as the case may be, to that person’s widow or other dependant.

(3)In sub-paragraph (2) above “the relevant local authority” means—

(a)in relation to a person, or the widow or other dependant of a person, who was clerk of the peace or deputy clerk of the peace for a London commission area or who was otherwise an officer of the court of quarter sessions for such an area, the Greater London Council; and

(b)in relation to any person, or the widow or other dependant of any person, not falling within paragraph (a) above, the county council which, immediately before the day appointed for the purposes of section 44(1) of this Act, defrayed expenditure of the court of quarter sessions concerned under section 29(9) of the M141Administration of Justice Act 1964.

16(1)The Lord Chancellor may, with the concurrence of the Minister for the Civil Service, give a direction with respect to any clerk, bailiff, usher or messenger of a county court appointed by the registrar of that court under the proviso to section 28(1) of the M142County Courts Act 1959 (which relates to the case where the registrar’s salary includes the remuneration of any such officer) or deemed to have been so appointed by virtue of section 205 of that Act; and where a direction is so given then, subject to sub-paragraph (2) below, that person’s employment in court service shall be deemed for all purposes to be employment in the civil service of the State . . . F152E+W

(2)Except in so far as the Minister for the Civil Service directs in any case, no account shall be taken for the purposes of this paragraph of court service before the [F153giving of the direction under sub-paragraph (1) above].

(3)For the purpose of this paragraph “court service” means employment as a clerk, bailiff, usher or messenger in the service of a county court, whether or not combined with employment as a clerk in the service of a district registry of the High Court.

Seconding of staff from local or other authoritiesE+W

17(1)This paragraph has effect in order to meet any temporary shortage of staff to be appointed by the Lord Chancellor for the Supreme Court or county courts which may arise in the course of bringing the provisions of this Act into force.