SCHEDULES

Section 8.

SCHEDULE 1Quarter Sessions Jurisdiction Transferred to Crown Court

1There shall be vested in the Crown Court all appellate and other jurisdiction conferred on any court of quarter sessions, or on any committee of a court of quarter sessions, by or under any Act, whether public general or local.

2Subject to the provisions of this Act, and in particular the provisions about magistrates' courts committees and the provisions of paragraph 1 of Schedule 8 to this Act, there shall be vested in the Crown Court all other powers and duties of any court of quarter sessions, or of any committee of a court of quarter sessions.

Section 16.

SCHEDULE 2Holders of Certain Existing Judicial Offices

PART ICertain 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.

(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 die office by virtue of which, or by virtue of his appointment to which, he becomes a Circuit judge.

PART IISupplementary 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.

(2)Notwithstanding the repeal by this Act of section 14(1) of the [1928 c. 26.] Administration of Justice Act 1928, paragraph (d) of that subsection (terms of appointment of Vice-Chancellor of the County Palatine of Lancaster) snail 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 [1965 c. 74.] Superannuation 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.

5Nothing 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 [1964 c. iv.] City of London (Courts) Act 1964.

6After the appointed day no person shall be appointed an additional judge of the Central Criminal Court under section 13 of 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.

7On the appointed day section 14 of the [1964 c. iv.] City 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—

(a)the annual pension payable to a Circuit judge under section 19 of this Act, or

(b)any such derivative benefit payable to or in respect of him as is referred to in subsection (5) of that section,

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 3Premises Formerly Used for Business of Abolished Courts

Right of use for Supreme Court and county, courts

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 con tribution 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 State

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 purchase

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, paragraph 9 of Schedule 1 to the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946 (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 Act of 1946, of the [1961 c. 33.] Land Compensation Act 1961 and of the [1965 c. 56.] Compulsory 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 charges

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 interested

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(l)(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-house

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' lodgings

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 Tribunal

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 [1965 c. 56.] Compulsory 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 London

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

Supplemental

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 [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946,

• " 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.

Section 40.

SCHEDULE 4Juries : Consequential and Transitional Provisions

Amendments of [1922 c. 11.] Juries Act 1922

1(1)The Juries Act 1922 shall be amended as follows.

(2)In section 1(5) for the words from " to be notified " to the end of the subsection substitute " to be notified to the appropriate officer and to the registration officer, and for authorising the appropriate officer to make the necessary correction in the jurors book ".

(3)In section 1(8) (delivery of jurors book to sheriff of the county) for the words from " to the sheriff of the county " to the end of the subsection substitute " to the appropriate officer or officers at such place or places as may from time to time be directed by or on behalf of the Lord Chancellor ".

(4)In section 1(11) for the word " sheriff " substitute " any officer appointed by the Lord Chancellor " and for the words from "to the same penalty" to the end of the subsection substitute " on summary conviction to a fine not exceeding £50 ".

(5)In section 6(1)(d) for " the sheriff" substitute " the appropriate officer ".

(6)In section 7, before the definition of " prescribed " insert—

• “The expression ' appropriate officer' means such officer as may be designated by or on behalf of the Lord Chancellor for the purposes of this Act, or of the relevant provision of this Act”.

(7)In section 8(2)(b) for the words from " as a juror" to " at assizes " substitute " as a juror on any jury in the Crown Court, the High Court ".

City of London

2(1)The Town Clerk of the City of London shall deliver the jurors book prepared by him, as soon as may be after it has been prepared, to the appropriate officer or officers at such place or places as may from time to time be directed by or on behalf of the Lord Chancellor.

(2)Subject to sub-paragraph (1) above, nothing in this Act shall alter or affect the preparation of jury lists or the jurors book in the City of London.

(3)In section 50 of the [1825 c. 50.] Juries Act 1825 for the words from " Provided always " to " said city " (where it first occurs) substitute " No person shall be included in jury lists for the city of London ".

Challenge of jurymen

3(1)The transfer of responsibility for summoning jurors to officers appointed by the Lord Chancellor shall not affect the right of challenge to the array, that is to say the right of challenge on the ground that the person responsible for summoning the jurors in question is biased or has acted improperly.

(2)In section 27 of the Juries Act 1825 for the words " any of the courts herein-before mentioned " substitute " the Crown Court or the High Court or a county court ", and in section 29 of that Act for those words substitute " the Crown Court ".

Venire de novo

4A writ or order of venire de novo shall no longer be addressed to the sheriff and shall be in such form as the court considers appropriate.

View by jurors

5Crown Court rules, and rules of court for civil cases, may make provision as respects views by jurors, and the places to which a juror may be called on to go to view shall not be restricted to any particular county or other area.

Consequential amendment of local Acts

6The Lord Chancellor may by order contained in a statutory instrument subject to annulment in pursuance of a resolution in either House of Parliament make such amendments or repeals of any provision of any local Act as appears to him necessary or expedient in consequence of the provisions of this Act about trial by jury, juries and jurors.

Transitional

7(1)The Lord Chancellor may by order contained in a statutory instrument make such provision as appears to him necessary or expedient for the transition to the provisions of this Act about trial by jury, juries and jurors from the enactments and rules of law replaced by those provisions, and may in particular by such an order provide for transitory modifications or adaptations of those provisions of this Act, or of the law which those provisions replace.

(2)Without prejudice to sub-paragraph (1) above, on the repeal of sections 40 and 41 of the [1825 c. 50.] Juries Act 1825 by this Act every sheriff or other officer holding a register or list prepared under those sections of persons who have served as jurors in the preceding three years shall transmit those registers or lists to the appropriate officer at such place or places as the Lord Chancellor may direct.

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

Sections 41 to 43.

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

PART IThe Palatine Courts

Interpretation

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 Proceedings

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.

Fees

3(1)All fees and other payments which, having become due ill 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 court

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 Palantine 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 [1956 c. 46.] Administration 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 [1928 c. 26.] Administration of Justice Act 1928 (corresponding provision for transfer of funds in the Supreme Court).

Court Records

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 [1958 c. 51.] Public Records Act 1958.

PART IIMayor's and City of London Court

Interpretation

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 proceedings

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 [1964 c. iv.] City 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 [1938 c. 63.] Administration 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 fees

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 court

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 IIIOther Local Courts

Interpretation

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 proceedings

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.

Fees

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 court

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 records

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 [1958 c. 51.] Public Records Act 1958.

Section 51.

SCHEDULE 6Amendments Relating-to Costs in Criminal Cases etc.

Costs in [1952 c. 48.] Criminal Cases Act 1952

1(1)In section 5 of the Costs in Criminal cases Act 1952 (magistrates' courts) a reference to central funds shall be substituted for any reference to local funds.

(2)In each of subsections (3) and (4) of that section the words " and giving evidence " shall be omitted.

(3)After subsection (4) of that section insert the following subsection—

“(4A)References in subsections (3) and (4) above to a witness include any person who is a witness to character only and in respect of whom the court certifies that the interests of justice required his attendance, but no sums shall be payable in pursuance of an order made under this section to or in respect of any witness who is a witness to character only and in respect of whom no such certificate is given.”

2For sections 7 to 10 of the said Act there shall be substituted the sections set out below.

7Central funds.

(1)In this Act and in any other enactment providing for payment of costs out of central funds " central funds " means money provided by Parliament.

(2)The Secretary of State shall, out of money so provided, pay to the persons charged with the duty of making the payments concerned all sums required to meet payments ordered to be made out of central funds under this Act or any other such enactment as is referred to in subsection (1) above.

8Payment of costs ordered to be paid out of central funds by superior courts.

(1)As soon as there has been ascertained the amount due to any person as costs ordered (under this or any other Act) by the Crown Court to be paid out of central funds, the appropriate officer of the Crown Court shall pay the amount so ascertained to that person, or to any person appearing to him to be acting on behalf of that person.

(2)As soon as there has been ascertained the amount due to any person as costs ordered (under this or any other Act) to be paid out of central funds by a Divisional Court, by the Court of Appeal or by the House of Lords.—

(a)the master of the Crown Office, in the case of a Divisional Court, and

(b)the registrar of criminal appeals in the case of the Court of Appeal or the House of Lords,

shall pay the amount so ascertained to that person, or to any person appearing to him to be acting on behalf of that person.

9Payment of costs ordered to be paid out of central funds by a magistrates' court.

(1)As soon as there has been ascertained the amount due to any person as costs ordered to be paid out of central funds by a magistrates' court—

(a)dealing summarily with an indictable offence, or

(b)inquiring into an offence as examining justices and determining not to commit the accused for trial,

(c)where an information is not proceeded with, as mentioned in section 52(1) of the Courts Act 1971

the justices' clerk shall pay to that person the amount so ascertained.

(2)As soon as there has been ascertained the amount due to any person as costs ordered to be paid out of central funds by a magistrates' court otherwise than as mentioned in subsection (1) above, the justices' clerk shall—

(a)so far as the amount is due for travelling or personal expenses in respect of that person's attendance, pay to him the amount due forthwith ; and

(b)so far as the amount is not due for such expenses, send a certificate of the amount to the Crown Court, in accordance with arrangements made by the Lord Chancellor.

(3)Where a certificate is sent to the Crown Court under subsection (2) above the appropriate officer of the Crown Court shall pay to the person to whom the certificate relates, or to any person appearing to him to be acting on behalf of that person, the amount certified or any less amount which the Crown Court considers should have been allowed under this Act.

(4)The appropriate officer of the Crown Court shall, when practicable, include the amount payable as costs certified under this section in any order for payment of costs made by that Court.

10Payment of costs ordered to be paid out of central funds and by accused or prosecutor.

(1)Where a court orders the payment of costs by the accused or the prosecutor and also orders the payment of costs out of central funds, the costs, so far as they are payable under both orders, shall be primarily payable out of central funds ; and the court shall give notice to the Secretary of State of the order for the payment of costs by the accused or the prosecutor.

(2)To the extent that any costs are primarily payable out of central funds by an order (under this or any other Act) and have been paid out of those funds, the Secretary of State shall be entitled to be reimbursed out of any money due under any other court order for the payment of those costs, and to take any proceedings for the enforcement of any such other order providing for payment of costs by the prosecutor.

3(1)Section 12 of the [1952 c. 48.] Costs in Criminal Cases Act 1952 (regulations about costs) shall be amended as follows.

(2)A reference to central funds shall be substituted for any reference to local funds in the said section 12.

(3)Regulations under the said section 12 may, as respects costs payable out of central funds under any enactment, or as respects other costs payable under the Costs in Criminal Cases Act 1952 or the [1968 c. 19.] Criminal Appeal Act 1968, provide a right of appeal from any decision on taxation, or ascertainment of the amount, of the costs, whether to a Taxing Master of the Supreme Court or to any other officer or authority.

4In section 14(4) of the Costs in Criminal Cases Act, 1952 (exclusion of proceedings on appeal to Crown Court) for the words "Except as aforesaid " there shall be substituted the words " Except as otherwise expressly provided ".

5In sections 16 and 17 of the said Act a reference to central funds shall be substituted for any reference to local funds.

[1963 c. 2.] Betting, Gaming and Lotteries Act 1963

6In paragraph 23 of Schedule 1 to the Betting, Gaming and Lotteries Act 1963 (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 ".

[1964 c. 26.] Licensing Act 1964

7In section 25 of the Licensing 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 ".

[1967 c. 80.] Criminal Justice Act 1967

8In section 31(2) of the Criminal Justice Act 1967, for the words " section 6 (costs as between parties) " there shall be substituted the words " provisions relating to costs as between parties ".

9(1)In section 32 of the Criminal 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 [1968 c. 20.] Courts-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) ".

(2)In subsection (4) of that section for the words "Sections 1 and 5 " there shall be substituted the words " Section 5 " and after the word " 1952 " there shall be inserted the words " and section 47 of the Courts Act 1971 ".

10(1)In section 81(1) of the [1967 c. 80.] Criminal Justice Act 1967 (costs of legal aid) for paragraphs (b) to (d) there shall be substituted—

“(b)in the case Of any proceedings not falling within paragraph (a) above, they shall be paid by the Secretary of State”.

(2)Subsections (5), (6) and (7) of the said section 81 shall cease to have effect.

[1968 c. 19.] Criminal Appeal Act 1968

11In the Criminal Appeal Act 1968—

(a)in sections 24 to 28 (costs in the Court of Appeal), and

(b)in section 39 (costs in certain appeals to the House of Lords),

a reference to central funds shall be substituted for any reference to local funds.

[1968 c. 65.] Gaming Act 1968

12In paragraph 30 of Schedule 2 to the Gaming Act 1968 (award 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 7Administrative Functions of Justices

PART IAmendments of Justices of the Peace Act 1949

1In section 16 of the [1949 c. 101.] 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:—

“(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.

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

5Where 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 IIAmendments of [1952 c. 52.] Prison Act 1952

4(1)In section 6 of the Prison 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 committees 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 for 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 IIIAmendments of [1964 c. 26.] Licensing Act 1964

6In section 16(1) of the Licensing Act 1964, in paragraph (c) for the words from " court of quarter sessions " to the end of the paragraph there shall be substituted the words " justices for the county which is or includes that licensing district appointed by the licensing justices for that district, or as the case may be for each licensing district in the county, in accordance with arrangements made by the magistrates' courts committee for that county or for any area which includes that county ".

7In section 38(e) of that Act the words " for the constitution, where requisite, of committees of quarter sessions as standing committees, and " shall be omitted.

8(1)In Schedule 3 to that Act, in paragraph 1(1), for the words " made by quarter sessions with the approval of " there shall be substituted the words " made by the magistrates' courts committee for the county and approved by ".

(2)For sub-paragraph (2) of paragraph 1 of that Schedule there shall be substituted the following sub-paragraphs:—

(2)Where there is more than one licensing district in the county the rules made under sub-paragraph (1) above shall secure that the licensing justices for each licensing district appoint one or more of their number, according as the rules provide, to be members of the compensation committee.

(3)Where a magistrates' courts committee is constituted for an area which extends beyond a county, any reference in this Schedule to the magistrates' courts committee for the county is a reference to the magistrates' courts committee for the area which includes the county.

(3)In paragraph 2 of that Schedule for the words " Quarter sessions " there shall be substituted the words " The magistrates' courts committee for a county ".

(4)For paragraph 3 of that Schedule there shall be substituted the following paragraph:—

3If they consider it appropriate to do so, the magistrates' courts committee for. a county may make provision for the appointment of different compensation committees for different parts of the county, and where they do so each of the different parts shall be treated as a separate county for the purposes of appointment to and the execution of the functions of county compensation committees.

(5)In paragraph 4 of that Schedule for the words " Quarter sessions " in the first place where they occur there shall be substituted the words " Without prejudice to paragraph 3 above, the magistrates' courts committee for a county " and for the words " having the same quarter sessions " there shall be substituted the words " for which the same magistrates' courts committee acts ".

9(1)In paragraph 12 of Schedule 11 to that Act, in sub-paragraph (b), for the words from " by the court " to the end of the sub-paragraph there shall be substituted the words " by the justices for the inner London commission area in accordance with arrangements made by the committee of magistrates for the inner London area ".

(2)In paragraph 13(1) of that Schedule for the words " court of quarter sessions for the county of London " there shall be substituted the words " the committee of magistrates for the Inner London area ".

(3)In paragraph 14 of that Schedule the words from the beginning to " be " shall be omitted and at the end of the paragraph there shall be added the words " shall be such person as the committee may appoint ".

Section 56.

SCHEDULE 8Amendments of other Acts

PART IGeneral

Administrative functions of quarter sessions and clerks of the peace

1(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 [1888 c. 41.] Local Government Act 1888 (which transferred certain quarter sessions functions to councils of counties or county boroughs), and

(b)section 101 of the [1933 c. 51.] Local 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 day 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 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 appear 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 IIMiscellaneous Amendments

[1679 c. 2.] Habeas Corpus Act 1679

4(1)In section 2 of the Habeas 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 ".

[1824 c. 83.] Vagrancy Act 1824

5The Vagrancy Act 1824 shall be amended as follows:—

(a)in section 5, as amended by the [1967 c. 80.] Criminal 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 ".

[1830 c. 70.] Law Terms Act 1830

6In section 32 of the Law Terms Act 1830 (taking of certain oaths) for the words from " judge during the assizes " to " formerly taken" substitute " judge of the High Court or Court of Appeal, Circuit judge or Recorder ".

[1837 c. 83.] Parliamentary Documents Deposit Act 1837

7For any reference in the Parliamentary 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.

[1843 c. 98.] Slave Trade Act 1843

8In section 4 of the Slave 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.

[1848 c. 42.] Indictable Offences Act 1848

9In sections 12, 13 and 14 of the Indictable Offences Act 1848 (backing of warrants) for any 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.

[1851 c. 93.] Petty Sessions (Ireland) Act 1851

10In section 30 of the Petty 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.

[1870 c. 77.] Juries Act 1870

11In the Schedule to the Juries Act 1870 (persons exempt from serving on juries) before the word " Coroners" insert, on a line by itself, the words " Justices of the peace ".

[1875 c. 17.] Explosives Act 1875

12In section 66(1) of the Explosives Act 1875 for " county court judge " substitute " Circuit judge ".

[1879 c. 22.] Prosecution of Offences Act 1879

13In section 2 of the Prosecution of Offences Act 1879 as amended by the [1967 c. 80.] Criminal Justice Act 1967 for " at assizes or quarter sessions " substitute " before the Crown Court ".

[1881 c. 64.] Central Criminal Court (Prisons) Act 1881

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

[1887 c. 71.] Coroners Act 1887

15(1)In section 5 of the Coroners Act 1887—

(a)in subsection (2) for the words from " 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)In section 25 of the said Act for the words from " the clerk of the peace " to " borough " substitute " the clerk of that authority ".

(3)In section 40(3) of the said Act for the words from "by one of the justices " to " circuit" substitute " by the Lord Chancellor ".

[1892 c. 64.] Witnesses (Public Inquiries) Protection Act 1892

16In section 3 of the Witnesses (Public Inquiries) Protection Act 1892 for the words from "quarter sessions" to the end substitute " Crown Court ".

[1915 c. 90.] Indictments Act 1915

17(1)In section 2 of the Indictments 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.

[1925 c. 49.] Judicature Act 1925

18(1)Section 17 of the Judicature Act 1925 (cases relating to rates and taxes) shall apply to a person acting as judge, or one of the judges, in the Crown Court as it applies to a judge of the High Court.

(2)Any Order in Council under section 53 of the Judicature Act 1925 (vacations) may make different provision for different parts of the country.

(3)In section 84(1) of the Judicature Act 1925 (power by Order in Council to direct location of district registries) for the words from the beginning to " Order in Council" substitute " The Lord Chancellor may by order contained in a statutory instrument " . The amendment made by this sub-paragraph shall not invalidate any Order in Council made under the said section 84(1), and any such Order in Council may be varied or revoked by an order made by the Lord Chancellor under the said section 84(1) as amended.

(4)In section 99(2) of the Judicature Act 1925 (rules of court which may increase expenditure out of public funds) references to the Supreme Court shall not include the Crown Court.

(5)In section 118(1) for the words from the beginning to "every such officer " substitute " Each of the officers specified in Schedule 3 to this Act ".

(6)In section 210(1) of the Judicature Act 1925 (council of judges to consider operation of Act) for the words " Supreme Court" where they first occur substitute " Court of Appeal and of the High Court ".

[1925 c. 86.] Criminal Justice Act 1925

19In section 33(3) of the Criminal 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 ".

[1926 c. 59.] Coroners (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 Coroners (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 [1965 c. 69.] Criminal 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.

[1928 c. 32.] Petroleum (Consolidation) Act 1928

21In section 14(a) of the Petroleum (Consolidation) Act 1928 for " county court judge " substitute " Circuit judge ".

[1933 c. 12.] Children and Young Persons Act 1933

22In section 55(5) of the Children and Young Persons Act 1933—

(a)in paragraph (a) for " a court of quarter sessions " substitute " the Crown Court ",

(b)in paragraph (b) for the words preceding " as if the parent" substitute " if made by the Crown Court, to the Criminal Division of the Court of Appeal in accordance with Part I of the [1968 c. 19.] Criminal Appeal Act 1968 ".

[1933 c. 51.] Local Government Act 1933

23In section 242(1) of the Local Government Act 1933 (examination of local authority costs for legal business by clerk of the peace) for the words from the beginning to " deputy" substitute " On an application made by the council of a county district to the appropriate officer of the Crown Court, the officer ".

[1948 c. 58.] Criminal Justice Act 1948

24In the Criminal Justice Act 1948—

(a)in all places where there occurs a reference to a court of assize or quarter sessions (sections 6(3)(b) and (4), 8(4)(6)(8), 11(4), 14(1), 17(1)) there shall be substituted a reference to the Crown Court, and

(b)in all places where there occurs a reference to a court of quarter sessions (sections 14(5), 20(5)(a), 37(3)(6)) there shall be substituted a reference to the Crown Court.

25In section 8 of that Act, for paragraphs (a) to (c) of subsection (2) there shall be substituted the following paragraph—

(a)if the probation order or order for conditional discharge was made by the Crown Court, that court.

26(1)In section 14 of that Act, in the proviso to subsection (1), after the word "fine" there shall be inserted the words " or any amount due under a recognisance ".

(2)At the end of the said section 14 add:—

“(6)The powers conferred by this section shall not be taken as restricted by any enactment about committal by a magistrates' court to the Crown Court which authorises the Crown Court to deal with an offender in any way in which the magistrates' court might have dealt with him:

Provided that any term fixed under subsection (1)(c) above as respects a fine imposed by the Crown Court in pursuance of such an enactment, that is to say a fine which the magistrates' court could have imposed, shall not exceed the period applicable to that fine (if imposed by the magistrates' court) under Schedule 3 to the [1952 c. 55.] Magistrates' Courts Act 1952 or section 285 of the [1952 c. 44.] Customs and Excise Act 1952”.

27For section 29 of that Act there shall be substituted the following section—

“29Committal for sentence in respect of indictable offence tried summarily.

Where an offender is committed by a magistrates' court for sentence under section 29 of the Magistrates' Courts Act 1952 or section 62 of the [1967 c. 80.] Criminal Justice Act 1967, the Crown Court shall enquire into the circumstances of the case and shall have power to deal with the offender in any manner in which it could deal with him if he had just been convicted of the offence on indictment by the court.”

28(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 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.

(2)At the end of subsection (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 ".

[1949 c. 51.] Legal Aid and Advice Act 1949

29(1)For paragraph 1(c) of Part I of Schedule 1 to the Legal Aid and Advice Act 1949 (proceedings for which legal aid may be given) substitute—

“(c)the Court of Appeal and the High Court.”

(2)In paragraph 3 of the said Part I for " a court of quarter Sessions " substitute " the Crown Court ".

(3)In paragraph 1(1) and paragraph 2(1) of Schedule 3 to the said Act (remuneration of persons giving legal aid) for the words " the Supreme Court " substitute " the Court of Appeal or the High Court ".

[1949 c. 68.] Representation of the People Act 1949

30(1)For section 115(3) of the Representation of the People Act 1949 substitute the following subsection:—

“(3)A barrister shall not be qualified to constitute an election court for the trial of an election petition relating to any local government area in which he resides, or which is included in a circuit on which he practises as a barrister.”

(2)In section 123(1) of the said Act for the words " at assizes " substitute " in the High Court ".

(3)In section 135(2) of the said Act for the words "under the Levy of Fines Act 1822 or " substitute " as if forfeited by the Crown Court, or, in Northern Ireland under ".

[1949 c. 97.] National Parks and Access to the Countryside Act 1949

31(1)Section 31(8) of the National Parks and Access to the Countryside Act 1949 has effect subject to the power of stating a case conferred on the Crown Court by this Act.

(2)In section 37(2)(b) of the said Act for the words from " at quarter sessions" to " are referred" substitute " in the Crown Court ".

[1950 c. 11 (14 & 15 Geo. 6.).] Administration of Justice (Pensions) Act 1950

32In Schedule 1 to the Administration of Justice (Pensions) Act 1950 references to judge of the Supreme Court shall not include references to any person as being a judge of the Crown Court.

[1952 c. 52.] Prison Act 1952

33In section 47(5) of the Prison Act 1952 as amended by the [1961 c. 39.] Criminal Justice Act 1961 for the words " at assizes or quarter sessions " substitute " before the Crown Court " and for " quarter sessions " substitute " the Crown Court ".

[1952 c. 55.] Magistrates' Courts Act 1952

34(1)The words " the Crown Court" shall be substituted for " quarter sessions " or " a court of quarter sessions " in the following provisions of the Magistrates' Courts Act 1952, that is sections 19(4), 25(5), 28(1), 29, 86, 89 and 122(1)(c), and paragraph 7 of Schedule 2.

(2)In section 1 of the said Act (issue of summons or warrant of arrest at beginning of proceedings) at the end of subsection (2)(d) add “, or

(e)if the offence was committed outside England and Wales and, where it is an offence exclusively punishable on summary conviction, if a magistrates' court for the county or borough would have jurisdiction to try the offence if the offender were before them”.

(3)In sections 72A and 72B of the said Act for " a court of assize or quarter sessions " substitute " the Crown Court ".

(4)In section 85 of the said Act (abandonment of appeal)—

(a)subsection (1) (which is superseded by the provisions of this Act authorising the making of Crown Court rules) shall cease to have effect;

(b)after subsection (2) insert:—

“(2A)In this section " appeal " means an appeal from a magistrates' court to the Crown Court, and the reference to a notice to abandon an appeal is a reference to a notice shown to the satisfaction of the magistrates' court to have been given in accordance with Crown Court rules.”

(5)In section 122(1) of the said Act for the words " clerks of assize and clerks of the peace" substitute " officers of the Crown Court ".

[1959 c. 22.] County Courts Act 1959

35(1)In section 31(4) of the County Courts Act 1959 (misbehaviour by officer in county court) for the words " incapable of being employed under this Act in any office of profit or emolument" substitute, as respects any offence on or after the appointed day, the words " incapable of being employed in any office appointments to which are made by the Lord Chancellor ".

(2)In section 34(1) 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 ".

[1959 c. 25.] Highways Act 1959

36(1)In section 60(2) of the Highways Act 1959 for the words from the beginning to " clerk of the peace " substitute " The complainant for an order under the last foregoing section shall give notice in writing of the application to the appropriate officer of the Crown Court ".

(2)At the end of section 108(7) of the said Act for the words " clerk of the peace " substitute " clerk of the appropriate authority ".

(3)In section 108(8) of the said Act for the words from " to the clerk of the peace " to the end of the subsection substitute " to the clerk of the appropriate authority, together with any written consents produced to the magistrates' court under subsection (7) of this section ".

[1959 c. 66.] Obscene Publications Act 1959

37In section 3(5) of the Obscene 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 ".

[1959 c. 72.] Mental Health Act 1959

38In the Mental Health Act 1959—

(a)in all places where the words " a court of assize or quarter sessions " occur (sections 60(1), 65(1), 73(2)(a)(c), 77(1)), substitute " the Crown Court ",

(b)in all places where the words " quarter sessions" occur (sections 67(1)(3)(5), 68, 70, 73(2)(b), 76(4)) substitute " the Crown Court ".

[1960 c. 62.] Caravan Sites and Control of Development Act 1960

39In section 9(2) of the Caravan 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 ".

[1960 c. 65.] Administration of Justice Act I960

40(1)In section 13(2) of the Administration 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)In section 16 of the said Act (power of High Court to vary sentence on certiorari proceedings) for references to quarter sessions substitute references to the Crown Court.

[1961 c. 39.] Criminal Justice Act 1961

41In section 4(2)(a) of the Criminal Justice Act 1961 for the words " a court of assize or of quarter sessions " substitute " the Crown Court ".

This amendment shall cease to have effect when the relevant repeal by the [1969 c. 54.] Children and Young Persons Act 1969 takes effect.

[1964 c. 26.] Licensing Act 1964

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 [1956 c. 34.] Criminal 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.

[1964 c. 42.] Administration of Justice Act 1964

43(1)For section 13(5) of the Administration of Justice Act 1964 (committee of magistrates in London) substitute—

“(5)There shall be a chairman, a vice-chairman and deputy chairman of the committee of magistrates, and

(a)the chief metropolitan stipendiary magistrate shall be the chairman,

(b)a metropolitan stipendiary magistrate chosen from among the members of the committee by the chief metropolitan stipendiary magistrate shall be vice-chairman, and

(c)a person chosen from amongst themselves by the lay justices who are members of the committee shall be the deputy chairman”.

(2)In section 22(2) of the said Act for paragraphs (a) and (b) substitute

“(a)such number of Circuit judges, appointed by the Crown Court, as may be prescribed by the order”.

(3)In section 28(1) of the said Act (prerogative proceedings: indemnities) for the words " a court of quarter sessions " substitute " the Crown Court ".

(4)Subsection (2)(a) of the said section 28 shall not apply to proceedings relating to the jurisdiction of the Crown Court.

[1965 c. 61.] Judges' Remuneration Act 1965

44In the Judges' Remuneration Act 1965 after section 1 insert

“1AAllowances payable to judges.

There shall be paid out of money provided by Parliament to any judge of the High Court or of the Court of Appeal, in addition to his salary, such allowances as the Lord Chancellor may with the approval of the Minister for the Civil Service determine”.

[1965 c. 69.] Criminal Procedure (Attendance of Witnesses) Act 1965

45(1)In section 1(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965 for the words from " the court of assize " to the end of the subsection substitute the words " the Crown Court ".

(2)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.

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

(5)In Schedule 1 to the said Act, in paragraph 1 and paragraph 2 before the words " rules of court" insert " Crown Court rules or ".

[1966 c. 31.] Criminal Appeal Act 1966

46In section 1(3) of the Criminal Appeal Act 1966 the words " of the Queen's Bench Division" and paragraph (a) shall be omitted.

[1967 c. 56.] Matrimonial Causes Act 1967

47In section 7(1) of the Matrimonial Causes Act 1967 for the words " county court judges " substitute " Circuit judges " in the two places where those words occur.

[1967 c. 80.] Criminal Justice Act 1967

48In the Criminal Justice Act 1967—

(a)in all places where there occurs a "reference to a court of assize or quarter sessions (sections 40(6), 41(1)(2)(a), 47(3)(4)(6)(7)(9). 48(1)(2). 54(1)(2). 56(1)(3)(5)(8)(11), 62(10), 73(4)(5)(8), 74(3), 76(4) and in Schedule 6 paragraphs 2, 14, 16, 21(c)) there shall be substituted a reference to the Crown Court, and

(b)in all places where there occurs a reference to a court of quarter sessions (sections 20, 22(3), 56(4)(b), 62(6)(7), 73(3)(3B), 74(6), 76(5), 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 ".

50In section 16(2) of that Act (exemption from jury service of persons concerned with criminal cases) after paragraph (c) insert:—

“(cc)officers of the Crown Court, and persons appointed or employed to assist them, being officers or other persons whose work is wholly or mainly concerned with the day-to-day administration of the Crown Court”.

51In section 42 of that Act, in subsection (2), for paragraphs (a) to (d) there shall be substituted the following paragraph:—

(a)if the suspended sentence was passed by the' Crown Court, that court.

52For subsection (11) of section 44 of that Act there shall be substituted the following subsection:—

(11)Notwithstanding the definition of "fine" in the [1952 c. 55.] Magistrates' Courts Act 1952, references in the last foregoing subsection to a fine do not include any other sum adjudged to be paid on conviction, whether as a pecuniary penalty, forfeiture, compensation or otherwise.

53(1)In subsection (1) of section 47 of that Act, for the words from the beginning to " forfeited " there shall be substituted the words " If the Crown Court imposes a fine on any person or forfeits his recognisance, the Court " and for the words " courts of assize and quarter sessions " there shall be substituted the words " the Crown Court ".

(2)After the said subsection (1) insert:—

“(1A)Subsection (1) above does not apply where the power conferred by the said section 14(1) is excluded by subsection (5) of that section (fine imposed on appeal from a magistrates' court)”.

(3)In subsection (2) of that section for the words " any such court" there shall be substituted the words " the Crown Court ".

(4)Subsection (5) of that section shall be omitted.

(5)In subsection (8) of that section for the words from " a court of assize" to the end of paragraph (d) there shall be substituted the words " the Crown Court without the consent of that court ".

54(1)In section 54 of that Act, subsection (4) shall be omitted.

(2)In subsection (5) of that section, for the words from the beginning to " and which" there shall be substituted the words " Where a probationer appears or is brought before the Crown Court and the court " and after the words " probation order ", in the first place where they occur, there shall be inserted the words " the Crown Court ".

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 ".

56In section 74(3) of that Act for the words " before a court of quarter sessions before which " there shall be substituted the words " in the Crown Court, being proceedings at which ".

[1968 c. 19.] Criminal Appeal Act 1968

57(1)In the Criminal 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)For section 46(2) of the said Act substitute—

“(2)Rules made by virtue of this section shall be made by the Crown Court rule committee.”

This sub-paragraph shall not invalidate any rules previously made.

(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.”

[1968 c. 63.] Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968

58In section 1(4) of the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 after the words "the High Court" add the words " the Crown Court ".

[1969 c. 54.] Children and Young Persons Act 1969

59(1)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 ".

[1970 c. 31.] Administration of Justice Act 1970

60(1)In section 4(2) of the Administration of Justice Act 1970 for the words " at assizes " substitute " in 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 9Quarter Sessions Jurisdiction: Substitution of References to Crown Court

PART IAppellate Jurisdiction

PART IIOriginal Jurisdiction

Section 56.

SCHEDULE 10Transitional Provisions

PART ICriminal 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 a 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 proceedings

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 accommodation.

(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 cases

3Nothing in this Act shall affect any order made before the appointed day for the payment of costs out of local funds within the meaning of the [1952 c. 48.] Costs 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 sessions

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 IICourts: Miscellaneous

Civil courts of assize

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 Justice

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 preceding 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 IIICounty 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 [1959 c. 22.] County Courts Act 1959 relating to temporary and deputy judges of county courts had not been enacted.

PART IVJudges, Officers and Staff

Continuation of appointments

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.

(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 service

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 [1967 c. 80.] Criminal Justice Act 1967 (under which certain persons are exempt from jury service for ten years after ceasing to hold office).

Superannuation etc.

11The repeal by this Act of provisions in Schedule 1 to the [1957 c. 20.] House of Commons Disqualification Act 1957 shall not affect the operation of section 4 of the [1959 c. 9 (8 & 9 Eliz. 2).] Judicial Pensions Act 1959 (holders of high judicial office who are former holders of other judicial offices).

12(1)The repeal by this Act of section 10 of the [1956 c. 34.] Criminal Justice Administration Act 1956 shall not affect the continuing, liability of the city council of Liverpool or the city council of Manchester to pay to the Lord Chancellor under subsection (2) of that section, at such times as may be agreed between him and the council concerned, one-half or such other part as may with the concurrence of the Treasury be so agreed, of any sums payable under that Act on account of any pension or other benefit payable after the appointed day in respect of any person's service as Recorder of Liverpool or Recorder of Manchester at any time before that day.

(2)Any sums received by the Lord Chancellor by virtue of this paragraph shall be paid into the Exchequer.

13(1)The provisions of this paragraph apply in relation to a contributory employee, within the meaning of the [1937 c. 68.] Local Government Superannuation Act 1937.—

(a)whose office is abolished under section 44(1) of this Act or who otherwise ceases to be employed for the purpose of any function as a result of any of the matters referred to in paragraphs (a) to (c) of section 44(2) of this Act; and

(b)who, after the date of that abolition or cessation of employment, either continues in the employment of the same authority as before that date or becomes, as soon as practicable after that date, employed by the authority which before that date was responsible in whole or in part for the payment of his remuneration ; and

(c)who suffers a reduction in remuneration in consequence of the abolition of his office or cessation of employment as mentioned in paragraph (a) above.

(2)A contributory employee to whom this paragraph applies shall be entitled to contribute or, as the case may be, to continue to contribute, to the superannuation fund (within the meaning of Part I of the Local Government Superannuation Act 1937) maintained by the authority referred to in sub-paragraph (1)(b) above the like amount as if his remuneration had not been reduced.

(3)For the purpose of determining the amount of any benefit which becomes payable to or in respect of a contributory employee to whom this paragraph applies and who, by virtue of sub-paragraph (2) above, paid contributions as if his remuneration had not been reduced, the contributory employee shall be treated as having received the remuneration which he would have received but for the reduction referred to in sub-paragraph (1)(c) above.

(4)Any reference in the preceding provisions of this paragraph to the reduction of an employee's remuneration includes, in the case of a person who also held office as a clerk of the peace or deputy clerk of the peace to whom paragraph B or paragraph C of Part II of Schedule 2 to the Local Government Superannuation Act 1937 applied immediately before the appointed day, a reference to the case where his remuneration ceased to be deemed to be increased under one or other of those paragraphs by an amount equal to his salary as clerk of the peace or deputy clerk of the peace.

14(1)Subject to sub-paragraph (2) below, on the abolition under section 44(1)(a) of this Act of a person's office as deputy clerk of the peace of a county, being a person who was also in the employment of the county council concerned, the provisions of Part I of the [1937 c. 68.] Local Government Superannuation Act 1937 relating to the return of contributions shall apply to him as if—

(a)the abolition of his office were a ground for the return of contributions under the said Part I, and

(b)the sum payable to him under the said Part I were a sum equal to the amount by which the contributions paid by and in respect of him had been increased by reason of any provision of Part II of Schedule 2 to that Act.

(2)Sub-paragraph (1) above shall not apply in the case of a person who is a contributory employee to whom the preceding paragraph applies and who exercises the right given to him by sub-paragraph (2) of that paragraph to pay contributions of the like amount as if his remuneration had not been reduced.

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—

(a)section 9(2) of the [1931 c. 45.] Local Government (Clerks) Act 1931,

(b)any provision of the [1953 c. 25.] Local Government Superannuation Act 1937,

(c)any provision of the [1964 c. 42.] Local Government Superannuation Act 1953, and

(d)sections 8 and 29 of the Administration 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 [1948 c. 33.] Superannuation (Miscellaneous Provisions) Act 1948 or Part III of the [1965 c. 51.] National Insurance Act 1965, which is in force at the passing of this Act, and

(b)except as may be otherwise expressly provided therein, any enactment 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 a 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 denned 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 [1964 c. 42.] Administration 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 [1959 c. 22.] County 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 and, if a certificate has been issued to him by the Civil Service Commissioners, allowances may in his case be granted accordingly under the Superannuation Acts 1965 and 1967.

(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 issue of the certificate.

(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 authorities

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.

(2)A local or other authority may enter into any agreement with the Lord Chancellor for the placing at the disposal of the Lord Chancellor, on such terms as may be provided by the agreement, of the services of any person who is employed by the authority and who gives his consent.

(3)For the avoidance of doubt it is hereby declared that for superannuation purposes service rendered by a person whose services are placed at the disposal of the Lord Chancellor in pursuance of this paragraph is service rendered to the authority by whom that person is employed.

(4)This paragraph applies whether or not the staff to be placed at the disposal of the Lord Chancellor were employed in the discharge by the authority of duties of which the authority will be relieved by this Act, and is without prejudice to any other power exercisable by the authority for the purposes set out in sub-paragraph (2) above.

Section 56.

SCHEDULE 11Repeals

PART IJuries

PART IILocal Courts

PART IIICosts in Criminal Cases

PART IVOther Repeals