SCHEDULES
SCHEDULE 8 Amendments of other Acts
Part I General
Administrative functions of quarter sessions and clerks of the peace
C11
1
Any function of courts of quarter sessions, or of committees of quarter sessions, which relates—
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 M1Local Government Act 1888 (which transferred certain quarter sessions functions to councils of counties or county boroughs), and
b
section 101 of the M2Local 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 construction
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.
Reference | Substituted reference |
---|---|
| The Crown Court. |
| The Crown Court. |
| The Crown Court or the High Court, or as the case may be the High Court and not the Crown Court. |
| The Crown Court. |
| The Crown Court or the High Court, or both, according as the reference is to criminal jurisdiction, or civil jurisdiction, or to both. |
| The Crown Court. |
|
|
| A judge assigned to a county court district, or acting as a judge so assigned. |
| The judge presiding in the Crown Court proceedings. |
| The appropriate officer of the Crown Court. |
| The appropriate officer of the Crown Court. |
| The appropriate officer of the Crown Court. |
| A borough which, immediately before the appointed day, had a separate court of quarter sessions. |
| 30 days or such other period as the Lord Chancellor may direct. |
| A right to apply to the Crown Court within twleve months from the anniversary. The Crown Court may modify or supersede any associated time limit for the giving of notice of the application, or for the confirmation of any decision on the application. |
| Central funds, that is to say money provided by Parliament. |
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 Acts
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.
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 II Miscellaneous Amendments
Habeas Corpus 1679
C24
1
In section 2 of the M5Habeas Corpus Act 1679 for the words from “in the Court of Kings Bench” to “case shall require” substitute “in the Crown Court”.
2
In section 8 of the said Act for “judge of assize” substitute “judge of the Crown Court”.
Vagrancy Act 1824
C35
The M6Vagrancy Act 1824 shall be amended as follows:—
a
in section 5, as amended by the M7Criminal 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”.
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Parliamentary Documents Deposit Act 1837
C47
For any reference in the M8Parliamentary 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 1843
C58
In section 4 of the M9Slave 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 1848
C69
In sections 12, 13 and 14 of the M10Indictable 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 1851
C710
In section 30 of the M11Petty 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.
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Explosives Act 1875
C812
In section 66(1) of the M12Explosives Act 1875 for “county court judge” substitute “Circuit judge”.
13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Central Criminal Court (Prisons) Act 1881
C914
In section 2(5) of the M13Central 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 1887
15
C101
In section 5 of the M14Coroners Act 1887—
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
Witnesses (Public Inquiries) Protection Act 1892
C1116
In section 3 of the M15Witnesses (Public Inquiries) Protection Act 1892 for the words from “quarter sessions” to the end substitute “ Crown Court”.
M16Indictments Act 1915
17
1
In section 2 of the M17Indictments 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.
18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
Criminal Justice Act 1925
C1219
In section 33(3) of the M18Criminal 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”.
M19Coroners (Amendment) Act 1926
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 M20Coroners (Amendment) Act 1926.
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 M21Criminal 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 1928
C1321
In section 14(a) of the M22Petroleum (Consolidation) Act 1928 for “county court judge” substitute “Circuit judge”.
22
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23
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
Criminal Justice Act 1948
24
In the M23Criminal Justice Act 1948—
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
C14b
in all places where there occurs a reference to a court of quarter sessions (sections . . . F9 20(5)(a), 37(3)(6)) there shall be substituted a reference to the Crown Court.
25
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C1528
1
In section 37 of that Act, for paragraph (b) of subsection (1) there shall be substituted the following paragraph—
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”.
29
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30
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
31
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
Prison Act 1952
C1633
34
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County Courts Act 1959
C1735
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
2
In section 31(4) of the said Act for the words “The judge” at the beginning substitute “Subject to any directions given by or on behalf of the Lord Chancellor as to the place or time of sitting, the judge”.
3
In section 201 of the said Act, in the definition beginning “judge” for the words “appointed for a district under this Act” substitute “assigned to a district under section 20(1) of the Courts Act 1971”.
36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
Obscene Publications Act 1959
C1837
In section 3(50 of the M26Obscene 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”.
38
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
Caravan Sites and Control of Development Act 1960
C1939
In section 9(2) of the M27Caravan 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 1960
C2040
1
In section 13(2) of the M28Administration of Justice Act 1960 (appeal in cases of contempt of court) after paragraph (b) insert—
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
Criminal Justice Act 1961
C2141
In section 4(2)(a) of the M29Criminal Justice Act 1961 for the words “a court assize or of quarter sessions” substitute “the Crown Court”.
This Amendment shall cease to have effect when the relevant repeal by the M30Children and Young Persons Act 1969 takes effect.
M31Licensing Act 1964
42
C221
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 M32Criminal 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.
M33Administration of Justice Act 1964
43
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
M34Criminal Procedure (Attendance of Witnesses) Act 1965
45
C231
In section 1(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965 for the owrds from “the court of assize” to the end of the subsection substitute the words “the Crown Court”.
C232
In section 2 of the said Act—
a
in subsection (1) for the words “a court of assize or quarter sessions” and the words “that court” substitute “the Crown Court”.
b
in subsection (2) for the words “the court out of which the summons was issued” substitute “the Crown Court”.
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.
C234
In section 4(2) of the said Act for the words “a court of assize or quarter sessions” substitute “the Crown Court”.
C235
In Schedule 1 to the said Act, in paragraph 1 and paragraph 2 before the words “rules of court” insert “Crown Court rules or”.
46
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47
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Criminal Justice Act 1967
48
In the M35Criminal Justice Act 1967—
C24a
b
C2549
In 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”.
50
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51
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52
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53
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C2655
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”.
56
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
Criminal Appeal Act 1968
C2757
1
In the M36Criminal Appeal Act 1968—
a
for the words “a court of assize or quarter sessions” wherever they occur (sections 10(1), (2), 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34
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 1968
C2858
In section 1(4) of the M37Domestic 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 1969
C2959
F351
In section 3(7) of the Children and Young Persons Act 1969 for the words “quarter sessions” substitute “the Crown Court”.
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 1970
C3060
1
In section 4(2) of the M38Administration 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—
16
Any 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.
1915 c. 90.