SCHEDULES

F1F1SCHEDULE 1E+W

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Section 16.

SCHEDULE 2E+W Holders of Certain Existing Judicial Offices

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

1E+WF2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

(2)In the case of any person who becomes a Circuit judge as mentioned in this Part of this Schedule F3... nothing in section 17 of this Act shall have the effect of depriving him of the office by virtue of which, or by virtue of his appointment to which, he becomes a Circuit judge.

[F4Part IAE+W Certain Office–Holders Eligible for Appointment as Circuit Judges

Social Security Commissioner appointed under section 97 of the M1 Social Security Act 1975.

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

F5 [ President of the Employment Tribunals (England and Wales) or member of a panel of [F6Employment Judges] established by regulations under section 1(1) of the M2 Employment Tribunals Act 1996 for employment tribunals for England and Wales. ]

President or member of the Immigration Appeal Tribunal appointed under Schedule 5 to the Immigration Act M3 1971.

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

President of Pensions Appeal Tribunals appointed under the Schedule to the Pensions Appeal Tribunals Act M4 1943.

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10Senior coroner appointed under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009 ]

Master of the Queen’s Bench Division.

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

Admiralty Registrar.

Master of the Chancery Division.

[F11Insolvency and Companies Court Judge] .

Taxing Master of the [F12 Senior Courts ] F12 .

District judge of the principal registry of the Family Division.

Registrar of Civil Appeals.

F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

District judge.

[F14District Judge (Magistrates’ Courts)]]

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

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

(2)Notwithstanding the repeal by this Act of section 14(1) of the M5Administration of Justice Act 1928, paragraph (d) of that subsection (terms of appointment of Vice-Chancellor of the County Palatine of Lancaster) shall continue to apply in relation to the person who is the holder of that office on the appointed day (but not in relation to any subsequent holder of that office) and shall on and after that day apply in relation to him not only in his capacity as Vice-Chancellor but also in his capacity as a Circuit judge; and accordingly, and without prejudice to paragraph 3(2) above, section 17(4) of this Act shall not apply in relation to that person.

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

(4)Rules under section 39A of the M6Superannuation Act 1965 (provision for superannuation benefits payable to or in respect of persons employed in two or more judicial offices of specified descriptions) may make provision with respect to the superannuation benefits payable to or in respect of any person who, immediately before the appointed day, held office as registrar or assistant registrar of the Lancaster Palatine Court, as if his office were included in those specified in paragraphs (a) to (i) of subsection (3) of that section.

5E+WNothing in section 16, section 18(1) or section 19 of this Act shall apply to the manner of appointment or remuneration of, or the pensions and other benefits payable to or in respect of, any person holding office as Recorder of London or Common Serjeant and accordingly those matters shall continue to be provided for as mentioned in Parts II and III of the M7City of London (Courts) Act 1964.

6E+WAfter the appointed day no person shall be appointed an additional judge of the Central Criminal Court under . . . F15 the City of London (Courts) Act 1964, but section 7 of that Act (remuneration and pensions of additional judges and holders of certain other judicial offices) shall continue on and after the appointed day to apply in relation to any person who, immediately before that day, held office as such an additional judge, notwithstanding that he becomes a Circuit judge, and accordingly sections 18(1) and 19 of this Act shall not apply in relation to any such person.

7E+WOn the appointed day section 14 of the M8City 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.

8E+WF16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)the annual pension payable to a Circuit judge under section [F175 of the Judicial Pensions Act 1981], or

(b)any such derivative benefit payable to or in respect of him as is referred to in [F18section 19(5) of this Act],

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

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

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

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

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

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

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

F19F19SCHEDULE 3E+W

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F25F25SCHEDULE 4E+W

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F26F26SCHEDULE 5E+W

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Section 51.

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

1—5.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

Betting, Gaming and Lotteries Act 1963E+W

6E+WF28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Licensing Act 1964.E+W

7E+WF29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 1967E+W

8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

9(1)In section 32 of the M18Criminal 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 M19Courts-Martial (Appeals) Act 1968” and after the words “Courts-Martial Appeal Court)” there shall be inserted the words “and section 47 of the Courts Act 1971 (costs awarded by Crown Court out of central funds)”.E+W

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

10E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

Gaming Act 1968E+W

12E+WIn paragraph 30 of Schedule 2 to the M20Gaming Act 1968 (awards of costs of licensing authority out of local funds), in sub-paragraph (2), for the words “local funds” there shall be substituted the words “central funds”.

13E+WF34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 53.

SCHEDULE 7E+W ADMINISTRATIVE FUNCTIONS OF JUSTICES

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

[F351E+WIn section 16 of the Justices of the Peace Act 1949, paragraph (b) of the proviso to subsection (2), subsection (5) from the words “so however” onwards and subsection (6)(a) shall be omitted.]

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

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

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

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

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

PART IIE+W AMENDMENTS OF THE PRISON ACT 1952

4E+WF36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5E+WF37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IIIE+W

6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

7, 8.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

9E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

Section 56.

SCHEDULE 8U.K. Amendments of other Acts

Part IE+W General

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

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

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

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

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

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

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

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

(a)sections 3 and 31 of the M21Local Government Act 1888 (which transferred certain quarter sessions functions to councils of counties or county boroughs), and

(b)section 101 of the M22Local Government Act 1933 (which transferred certain functions of clerks of the peace to clerks of county councils).

(4)References in this paragraph to local authorities—

(a)do not include the Greater London Council,

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

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

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

General rules of constructionE+W

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

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

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

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

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

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

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

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

Amendments of local ActsE+W

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

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

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

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

Part IIU.K. Miscellaneous Amendments

Habeas Corpus 1679E+W

4(1)In section 2 of the M25Habeas Corpus Act 1679 for the words from “in the Court of Kings Bench” to “case shall require” substitute “in the Crown Court”.E+W

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

Vagrancy Act 1824E+W

5E+WThe M26Vagrancy Act 1824 shall be amended as follows:—

(a)in section 5, as amended by the M27Criminal Justice Act 1967, for “quarter sessions” substitute “the Crown Court”,

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

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

6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

Parliamentary Documents Deposit Act 1837E+W

7E+WFor any reference in the M28Parliamentary Documents Deposit Act 1837 to the clerk of the peace there shall be substituted a reference to any officer of a local or other authority.

Slave Trade Act 1843E+W

F438E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Indictable Offences Act 1848U.K.

9U.K.In sections 12, 13 and 14 of the M29Indictable Offences Act 1848 (backing of warrants) for ant reference to justices of oyer and terminer or gaol delivery, except so far as it is a reference to such a justice in Northern Ireland, there shall be substituted a reference to the Crown Court.

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

10E+W+N.I.In section 30 of the M30Petty Sessions (Ireland) Act 1851 for the reference to justices of oyer and terminer and general gaol delivery in England there shall be substituted a reference to the Crown Court.

11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

Explosives Act 1875E+W

F4512E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

Central Criminal Court (Prisons) Act 1881E+W

14E+WF47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Coroners Act 1887E+W

15(1)In section 5 of the M31Coroners Act 1887—E+W

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

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

(2)&(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

Witnesses (Public Inquiries) Protection Act 1892E+W

16E+WIn section 3 of the M32Witnesses (Public Inquiries) Protection Act 1892 for the words from “quarter sessions” to the end substitute “ Crown Court”.

M33Indictments Act 1915E+W

17E+WF49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

Criminal Justice Act 1925E+W

19E+WIn section 33(3) of the M34Criminal 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”.

M35Coroners (Amendment) Act 1926E+W

20(1)The provisions of this Act about committal for trial by a magistrates’ court, and the provisions of section 7(2) and section 13 of this Act, shall, subject to the provisions of this paragraph, apply with any necessary modifications to the proceedings mentioned in section 25(2) of the M36Coroners (Amendment) Act 1926.E+W

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

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

(b)the provisions of the M37Criminal Procedure (Attendance of Witnesses) Act 1965 relating to witness orders.

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

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

Petroleum (Consolidation) Act 1928E+W

F5121E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

23E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

Criminal Justice Act 1948E+W

24E+WIn the M38Criminal Justice Act 1948—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

(b)in all places where there occurs a reference to a court of quarter sessions (sections . . . F55 20(5)(a), 37(3)(6)) there shall be substituted a reference to the Crown Court.

25—27.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

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

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

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

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

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

29E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

30E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

31E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

32E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

Prison Act 1952E+W

33E+WIn section 47(5) of the M39Prison Act 1952 as amended by the M40Criminal Justice Act 1961 for the words “at assizes or quarter sessions” substitute “before the Crown Court” and for “quarter sessions” substitute “the Crown Court”.

34E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

County Courts Act 1959E+W

F6235E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

Obscene Publications Act 1959E+W

37E+WIn section 3(50 of the M41Obscene Publications Act 1959 (time of coming into force of forfeiture order) for the words from “fourteen days” to “order is made” substitute “the period within which notice of appeal to the Crown Court may be given against the order”.

38E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

Caravan Sites and Control of Development Act 1960E+W

39E+WIn section 9(2) of the M42Caravan Sites and Control of Development Act 1960 (time of coming into force of order revoking a licence) for the words from “on such date” to the words “case stated or otherwise” substitute “on such date as the court may specify in the order, being a date not earlier than the expiration of any period within which notice of appeal (whether by case stated or otherwise) may be given against the conviction”.

Administration of Justice Act 1960E+W

40(1)In section 13(2) of the M43Administration of Justice Act 1960 (appeal in cases of contempt of court) after paragraph (b) insert—E+W

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

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

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

Criminal Justice Act 1961E+W

F6641E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

M45Licensing Act 1964E+W

42E+WF67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M46Administration of Justice Act 1964E+W

43(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68E+W

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

44E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

M47Criminal Procedure (Attendance of Witnesses) Act 1965E+W

45F72(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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

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

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

F73(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

47E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

Criminal Justice Act 1967E+W

48E+WIn the M48Criminal Justice Act 1967—

(a)in all places where there occurs a reference to a court of assize or quarter sessions (sections . . . F76 56(1)(3)(5)(8)(11), 62(10) . . . F76 and in Schedule 6 paragraphs 2, 14, 16, 21(c)) there shall be substituted a reference to the Crown Court.

(b)in all places where there occurs a reference to a court of quarter sessions (sections 20, F77... 56 . . . F78 (6), 62(6)(7), . . . F79 and in Schedule 6 paragraph 1) there shall be substituted a reference to the Crown Court.

49E+WF80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

51E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

52E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

53, 54.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

55E+WF85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

Criminal Appeal Act 1968E+W

57(1)In the M49Criminal Appeal Act 1968—E+W

(a)for the words “a court of assize or quarter sessions” wherever they occur (sections 10(1), F87. . .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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88

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

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

58E+WIn section 1(4) of the M50Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 after the words “the High Court” add the words “the Crown Court”.

Children and Young Persons Act 1969E+W

59E+WF89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Administration of Justice Act 1970E+W

60(1)F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

Section 56.

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

Part IE+W Appellate Jurisdiction

Part IIE+W Original Jurisdiction

Section 56.

SCHEDULE 10.E+W Transitional Provisions

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

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

(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)F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part-heard proceedingsE+W

2E+WF125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Costs in criminal casesE+W

3E+WF126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Records of courts of quarter sessionsE+W

4E+WF127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIE+W Courts: Miscellaneous

Civil courts of assizeE+W

5E+WF128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions by Lord Chief JusticeE+W

6E+WF129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIIE+W County Court Judges

7E+WF130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8E+WF131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IVE+W Judges, Officers and Staff

Continuation of appointmentsE+W

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

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

Jury serviceE+W

10E+WF132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11, 12.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133

13, 14.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134

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

(a)section 9(2) of the M77Local Government (Clerks) Act 1931,

(b)any provision of the M78Local Government Superannuation Act 1937,

(C)any provision of the M79Local Government Superannuation Act 1953, and

(d)sections 8 and 29 of the M80Administration 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 M81Superannuation (Miscellaneous Provisions) Act 1948 or Part III of the M82National Insurance Act 1965, which is in force at the passing of this Act, and

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

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

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

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

(b)in relation to any person, or the widow or other dependant of any person, not falling within paragraph (a) above, the county council which, immediately before the day appointed for the purposes of section 44(1) of this Act, defrayed expenditure of the court of quarter sessions concerned under section 29(9) of the M83Administration 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 M84County 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 . . . F135E+W

(2)Except in so far as the Minister for the Civil Service directs in any case, no account shall be taken for the purposes of this paragraph of court service before the [F136giving of the direction under sub-paragraph (1) above].

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

Seconding of staff from local or other authoritiesE+W

17E+WF137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 56.

SCHEDULE 11E+W REPEALS