SCHEDULES
F1F1SCHEDULE 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
SCHEDULE 2 Holders of Certain Existing Judicial Offices
Part I Certain Office-Holders to be Circuit Judges
1
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 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.
F11Part IA Certain Office–Holders Eligible for Appointment as Circuit Judges
Sch. 2 Pt. IA inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 31(2)
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.
President or member of the Immigration Appeal Tribunal appointed under Schedule 5 to the Immigration Act M3 1971.
F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
President of Pensions Appeal Tribunals appointed under the Schedule to the Pensions Appeal Tribunals Act M4 1943.
F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F135Senior 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.
F137Insolvency and Companies Court Judge .
District judge of the principal registry of the Family Division.
Registrar of Civil Appeals.
F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
District judge.
F10District Judge (Magistrates’ Courts)
Part II 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.
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.
C15
Nothing 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.
C26
After the appointed day no person shall be appointed an additional judge of the Central Criminal Court under . . . F12 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.
C37
On 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.
8
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F145 of the Judicial Pensions Act 1981, or
b
any such derivative benefit payable to or in respect of him as is referred to in F15section 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.
F16F16SCHEDULE 3
Sch. 3 repealed (1.4.2005) by Courts Act 2003 (c. 29), ss. 109(1)(3), 110, Sch. 8 para. 139(c), Sch. 10; S.I. 2005/910, art. 3(y)(aa)
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 contribution amounting to a fair proportion of the rent, and
d
where the Lord Chancellor gives a direction under sub-paragraph (3) above, such compensation for any costs of removal and costs of initial adaptation of any alternative accommodation incurred by the authority, as is reasonable in the circumstances,
and if and so far as greater use is made of any premises for Supreme Court and county court business as compared with their use for business of the abolished courts, the appropriate Minister shall make such payment to the authority by way of rent as is reasonable having regard both to the rent which the authority have to pay for alternative accommodation, and to the rent which would be commanded by the accommodation (whether the use was at all times or part-time only) which the authority have had to surrender.
7
Where under the preceding provisions of this paragraph the authority are to make available any fittings, or furniture, office or other equipment or other chattels—
a
it shall be their duty to keep them in order and repair and to clean them;
b
the appropriate Minister shall pay their reasonable and necessary charges under paragraph (a) above;
c
if and so far as greater use is made of any such fittings or chattels for Supreme Court and county court business as compared with their use for business of the abolished courts, the appropriate Minister shall make such payment to the authority by way of hire payments as is reasonable, but not so as to make any payment in respect of anything taken into account in paying rent under sub-paragraph (6) above.
8
The appropriate Minister shall also make such payment, if any, as is authorised by paragraph 4 below.
9
The obligations imposed by this paragraph on any local authority shall terminate on the expiration of a period of ten years beginning with the appointed day, or, in the case of any particular premises, at such earlier time as may be agreed by the Lord Chancellor and the local authority subject to those obligations as respects the premises.
10
Where sub-paragraph (1)(b) above applies to two or more local authorities, the obligations imposed by this paragraph shall be shared among them in a way corresponding to that in which they provided for the abolished courts, and, where a direction is given under sub-paragraph (3) above, for any magistrates’ court.
Premises acquired by Secretary of State
2
1
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, F131sections 17 and 18 of the Acquisition of Land Act 1981 (special parliamentary procedure) shall not apply to the order.
3
The compulsory purchase order may be framed so as also to apply to all or any fittings, furniture, equipment and other chattels in, or usually kept or used in, so much of the premises as was, up to the appointed day, being used for business of the abolished courts, or for the business of a magistrates’ court, and all the provisions of the said F132Act of 1981, of the M75Land Compensation Act 1961 and of the M76Compulsory 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 F133Secretary of StateF133 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 F133Secretary of StateF133 and the local authority.
2
If the premises were not exclusively so used, the F133Secretary of StateF133 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(1)(a) above shall be given to each of them.
2
Sub-paragraphs (4) and (5) of paragraph 3, and paragraphs 4, 5 and 6 of this Schedule shall not apply to a local authority who, although having an interest or estate in the premises, were not using the premises to discharge any obligation to provide accommodation for the abolished courts.
This sub-paragraph is without prejudice to the application of the said provisions to the local authority in relation to any other premises.
3
If different parts of the premises were used for different abolished courts, sub-paragraph (2) above shall be applied to the different parts of the premises as if the parts were different premises.
There shall be made all such apportionments of compensation for compulsory purchase and of loan charges and other sums as are required to give effect to this sub-paragraph, and to take account of ancillary accommodation and of the degree to which it served the respective courts.
Termination of obligation to provide courthouse or sessions-house
8
Any 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 M77Compulsory 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
11
Nothing 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;
- a
“local authority” has the same meaning as in the F134Acquisition of Land Act 1981,
“Supreme Court and county court business” includes any official business in connection with the work of any such court.
2
Any reference in this Schedule to use for business of the abolished courts, or for Supreme Court or county court business, includes use for any purpose ancillary to that business, and includes in particular use of a car park by officials and members of the public when attending in connection with any such business, and in determining the extent of use of any premises, account shall be taken of the periods when use is made of the premises, the degree of use of the premises, and the availability of the premises for other purposes when not so used.
3
In determining for the purposes of this Schedule what use was made of any premises up to the appointed day, account shall primarily be taken of use in the two years ending with the appointed day, but allowing for the periodical or seasonal nature of the sittings of courts of assize or other courts, and where the degree of use is different in the two years, making an estimate of the average use.
4
If on the appointed day any building is in course of construction which is designed and intended for use, to any extent, for business of the abolished courts, this Schedule shall, except where the context otherwise requires, apply as if it were a completed building being used up to the appointed day for the purposes for which it is intended.
F17F17SCHEDULE 4
Sch. 4 repealed by Juries Act 1974 (c. 23), Sch. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
F18F18SCHEDULE 5
Sch. 5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
Part I The Palatine Courts
Interpretation
1
In 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 in the Lancaster Palatine Court in accordance with any order made under the Chancery of Lancaster Acts 1850 to 1961, had not been paid before the relevant date, shall on and after that date become due to the Duchy of Lancaster, and all money which immediately before that date stood to the credit of, or was awaiting payment into any of the Fee Fund Accounts of the Lancaster Palatine Court shall on that date vest in the Duchy.
2
Any money due to the Duchy of Lancaster by virtue of sub-paragraph (1) above shall be recoverable as if it were due to the Duchy under an order of the High Court; and all sums received by the Duchy by virtue of that sub-paragraph shall form part of the revenue of the Duchy.
3
All fees and similar payments which, having become due in the Durham Palatine Court, had not been paid before the relevant date shall on and after that date become due to the registrar of the Durham district registry of the High Court as fees in the High Court, and all money received as fees or similar payments in the Durham Palatine Court and held immediately before the relevant date by the registrar of the Durham district registry of the High Court in his capacity as Registrar of the Durham Palatine Court shall be dealt with by him, on and after that date, as High Court fees received by him in his capacity as a district registrar.
Funds in 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 Palatine Court but which ceased to do so at some time prior to that date; and any amounts required to meet any such liabilities shall be paid out of the Consolidated Fund to the Accountant General.
5
On the relevant date section 52 of the M78Administration 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 M79Administration of Justice Act 1928 (corresponding provision for transfer of funds in the Supreme Court).
Court Records
5
All 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 M80Public Records Act 1958.
Part II Mayor’s and City of London Court
Interpretation
6
In 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 M81City 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 M82Administration 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
8
All 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 III Other Local Courts
Interpretation
10
In 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
13
On 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
14
All 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 M83Public Records Act 1958.
SCHEDULE 6 AMENDMENTS RELATING TO COSTS IN CRIMINAL CASES ETC.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
Betting, Gaming and Lotteries Act 1963
6
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Licensing Act 1964.
7
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1967
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
9
C41
In section 32 of the M9Criminal 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 M10Courts-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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
Gaming Act 1968
C512
In paragraph 30 of Schedule 2 to the M11Gaming 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”.
13
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 7 ADMINISTRATIVE FUNCTIONS OF JUSTICES
PART I AMENDMENTS OF JUSTICES OF THE PEACE ACT 1949
F27C61
In 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.
C72
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.
C83
For 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 II AMENDMENTS OF THE PRISON ACT 1952
4
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART III
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32
SCHEDULE 8 Amendments of other Acts
Part I General
Administrative functions of quarter sessions and clerks of the peace
C91
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 M12Local Government Act 1888 (which transferred certain quarter sessions functions to councils of counties or county boroughs), and
b
section 101 of the M13Local Government Act 1933 (which transferred certain functions of clerks of the peace to clerks of county councils).
4
References in this paragraph to local authorities—
a
do not include the Greater London Council,
b
include county councils, but not any authority for a part of a county:
Provided that as respects matters in the Isles of Scilly the Council of the Isles of Scilly shall be the local authority.
5
So far as any matter referred to in this paragraph relates to the Inner Temple or the Middle Temple, references in this paragraph to local authorities, or to clerks of local authorities, are references to the Sub-Treasurer of the Inner Temple or, as the case may be, the Under-Treasurer of the Middle Temple.
General rules of construction
2
1
In any enactment or other instrument for any reference or expression in the first column of the Table below there shall be substituted the relevant reference or expression in the second column of the Table.
2
Sub-paragraph (1) above applies to Acts or instruments passed or made before the appointed date or later.
3
The preceding provisions of this paragraph apply subject to the provisions of this Act, and only except where the context otherwise requires, and in particular do not apply in relation to a sentence imposed, or other thing done, by a court before the appointed day.
Reference | Substituted reference |
|---|---|
| The Crown Court. |
| The Crown Court. |
| The Crown Court or the High Court, or as the case may be the High Court and not the Crown Court. |
| The Crown Court. |
| The Crown Court or the High Court, or both, according as the reference is to criminal jurisdiction, or civil jurisdiction, or to both. |
| The Crown Court. |
|
|
| A judge assigned to a county court district, or acting as a judge so assigned. |
| The judge presiding in the Crown Court proceedings. |
| The appropriate officer of the Crown Court. |
| The appropriate officer of the Crown Court. |
| The appropriate officer of the Crown Court. |
| A borough which, immediately before the appointed day, had a separate court of quarter sessions. |
| 30 days or such other period as the F33Lord Chief JusticeF33 may direct. |
| A right to apply to the Crown Court within twleve months from the anniversary. The Crown Court may modify or supersede any associated time limit for the giving of notice of the application, or for the confirmation of any decision on the application. |
| Central funds, that is to say money provided by Parliament. |
Nothing in the Table above shall be taken as affecting any enactment which, as respects any judicial or other office abolished by this Act, provides for—
a
the appointment, retirement, or removal of the officer, or
b
the tenure of office and oaths to be taken by any such officer, or
c
the remuneration, allowances or pensions of any such officer;
and nothing in the Table above shall apply to any reference to records of any court.
Amendments of local Acts
3
1
The Lord Chancellor may by order in a statutory instrument provide for such amendments or repeals of provisions of any local Act as appears to him required to give effect to the provisions of this Act.
2
An order under this paragraph may, in particular, provide, if in the opinion of the Lord Chancellor there are special circumstances justifying it, for any jurisdiction of a court of quarter sessions under any local Act to be abolished, or transferred otherwise than to the Crown Court.
3
An order under this paragraph may contain such transitional and other supplemental and incidental provisions as appear to the Lord Chancellor to be necessary or expedient.
4
A statutory instrument under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Part II Miscellaneous Amendments
Habeas Corpus 1679
C104
1
In section 2 of the M16Habeas Corpus Act 1679 for the words from “in the Court of Kings Bench” to “case shall require” substitute “in the Crown Court”.
2
In section 8 of the said Act for “judge of assize” substitute “judge of the Crown Court”.
Vagrancy Act 1824
C115
The M17Vagrancy Act 1824 shall be amended as follows:—
a
in section 5, as amended by the M18Criminal Justice Act 1967, for “quarter sessions” substitute “the Crown Court”,
b
in section 10 for the words from “quarter sessions” to “assembled” substitute “the Crown Court, it shall be lawful for the Crown Court”, and
c
in section 14 for the words following “appeal to” to the end of the section substitute “the Crown Court”.
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34
Parliamentary Documents Deposit Act 1837
C127
For any reference in the M19Parliamentary Documents Deposit Act 1837 to the clerk of the peace there shall be substituted a reference to any officer of a local or other authority.
Slave Trade Act 1843
F358
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Indictable Offences Act 1848
C139
In sections 12, 13 and 14 of the M20Indictable Offences Act 1848 (backing of warrants) for ant reference to justices of oyer and terminer or gaol delivery, except so far as it is a reference to such a justice in Northern Ireland, there shall be substituted a reference to the Crown Court.
Petty Sessions (Ireland) Act 1851
C1410
In section 30 of the M21Petty Sessions (Ireland) Act 1851 for the reference to justices of oyer and terminer and general gaol delivery in England there shall be substituted a reference to the Crown Court.
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
Explosives Act 1875
F3712
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
Central Criminal Court (Prisons) Act 1881
14
F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Coroners Act 1887
15
C151
In section 5 of the M22Coroners Act 1887—
a
in subsection (2) for the words “at the next” to “is to be” substitute “before the Crown Court”.
b
in subsection (3) for the words following “proper officer” substitute “of the Crown Court”.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
Witnesses (Public Inquiries) Protection Act 1892
C1616
In section 3 of the M23Witnesses (Public Inquiries) Protection Act 1892 for the words from “quarter sessions” to the end substitute “ Crown Court”.
M24Indictments Act 1915
17
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42
Criminal Justice Act 1925
C1719
In section 33(3) of the M25Criminal 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”.
M28Coroners (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 M26Coroners (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 M27Criminal Procedure (Attendance of Witnesses) Act 1965 relating to witness orders.
with such modifications as may be necessary for giving effect to provisions of the said section 25.
3
Sub-paragraph (1) above shall have effect subject to any rules so made.
Petroleum (Consolidation) Act 1928
F4321
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44
23
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45
Criminal Justice Act 1948
24
In the M29Criminal Justice Act 1948—
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46
C18b
in all places where there occurs a reference to a court of quarter sessions (sections . . . F47 20(5)(a), 37(3)(6)) there shall be substituted a reference to the Crown Court.
25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48
C1928
1
In section 37 of that Act, for paragraph (b) of subsection (1) there shall be substituted the following paragraph—
b
the High Court may release on bail a person—
i
who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or
ii
who has applied to the High Court for an order of certorari to remove proceedings in the Crown Court on his case into the High Court, or has applied to the High Court for leave to make such an application.
2
At the end of subsev=ction (3) of that section there shall be added the words “or by a police officer not below the rank of inspector or the governor of a prison or the keeper of a place of detention”.
29
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49
30
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50
31
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51
32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52
Prison Act 1952
C2033
34
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53
County Courts Act 1959
F5435
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55
Obscene Publications Act 1959
C2137
In section 3(50 of the M32Obscene Publications Act 1959 (time of coming into force of forfeiture order) for the words from “fourteen days” to “order is made” substitute “the period within which notice of appeal to the Crown Court may be given against the order”.
38
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56
Caravan Sites and Control of Development Act 1960
C2239
In section 9(2) of the M33Caravan Sites and Control of Development Act 1960 (time of coming into force of order revoking a licence) for the words from “on such date” to the words “case stated or otherwise” substitute “on such date as the court may specify in the order, being a date not earlier than the expiration of any period within which notice of appeal (whether by case stated or otherwise) may be given against the conviction”.
Administration of Justice Act 1960
C2340
1
In section 13(2) of the M34Administration 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57
Criminal Justice Act 1961
F5841
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This Amendment shall cease to have effect when the relevant repeal by the M84Children and Young Persons Act 1969 takes effect.
M35Licensing Act 1964
42
F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
M36Administration of Justice Act 1964
43
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62
44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63
M37Criminal Procedure (Attendance of Witnesses) Act 1965
45
F641
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F652
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
C244
In section 4(2) of the said Act for the words “a court of assize or quarter sessions” substitute “the Crown Court”.
F655
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66
47
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67
Criminal Justice Act 1967
48
In the M38Criminal Justice Act 1967—
C25a
b
49
F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73
51
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74
52
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75
53
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76
55
F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78
Criminal Appeal Act 1968
C2657
1
In the M39Criminal Appeal Act 1968—
a
for the words “a court of assize or quarter sessions” wherever they occur (sections 10(1), F79. . .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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80
3
In section 51(1) of the said Act for the definition of the judge of the court of trial substitute—
“the judge of court of trial”
means, where the Crown Court comprises justices of the peace, the judge presiding.
”
Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968
C2758
In section 1(4) of the M40Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 after the words “the High Court” add the words “the Crown Court”.
Children and Young Persons Act 1969
59
F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration of Justice Act 1970
C2860
1
F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In paragraphs 1 to 15 of Schedule 9 to the said Act for the words “quarter sessions” and the words “a court of assize or quarter sessions” wherever they occur substitute “the Crown Court”.
4
For paragraphs 16 to 20 of the said Schedule 9 substitute the following paragraph—
16
Any order for the payment of costs made by the Crown Court, other than an order falling within Part I above, or an order for costs to be paid out of money provided by Parliament.
SCHEDULE 9 Quarter Sessions Jurisdiction: Substitution of References to Crown Court
Part I Appellate Jurisdiction
Sch. 9 Pt. 1 entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}
Entry repealed by Consumer Credit Act 1974 (c. 39), s. 192(4), Sch. 5 and S.I. 1983/1551, art. 5, Sch. 2
Sch. 9 Pt I: the entry relating to the Explosives Act 1875 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VII
Sch. 9 Pt. I: the entries relating to the Public Health Act 1875 and the Public Health Acts Amendment Act 1890 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group 1
Sch. 9 Pt. I: the entry relating to the Highways and Locomotives (Amendment) Act 1878 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt XV Group 1
Entry repealed by Friendly Societies Act 1974 (c. 46), Sch. 11
Entry repealed by Weights and Measures Act 1979 (c. 45, SIF 131), s. 23(2), Sch. 7
Entry repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47(4), Sch. 7 Pt. IV
Entries repealed by Consumer Credit Act 1974 (c. 39), Sch. 5 and Land Drainage Act 1976 (c. 70), Sch. 8
Entry repealed by Poisons Act 1972 (c. 66), Sch. 2
Entry repealed by Superannuation Act 1972 (c. 11), Sch. 8
Entry repealed by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99(3), 101(1), Sch. 13, Sch. 15 Pt. I
Entry repealed by Animal Health Act 1981 (c. 22, SIF 4:4), s. 96(2), Sch. 6
Entry repealed by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(3), Sch. 6
Entry repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
Entry repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(3), Sch. 9
Entry repealed by Cinematograph (Amendment) Act 1982 (c. 33, SIF 45A), s. 10(2), Sch. 2
Entry repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 11
Entry repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(2), Sch. 8
Entry repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3(1), 5(2), Sch. 1 Pt. I, Sch. 4
Entry repealed by Foster Children Act 1980 (c. 6, SIF 20), s. 23(3), Sch. 3
Entry repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25
Entry repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148(3), Sch. 6
Entry repealed by Town and Country Planning Act 1971 (c. 78), Sch. 25
Sch. 9 Pt. 1 entries repealed (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(4)
Words repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5
Sch. 9 Pt. 1 entries repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, arts. 1(2), 2(2) (with art. 4)
Entry repealed (E.W.) (for financial year beginning in or after 1990) by Local Government Finance Act 1988 (c. 41, SIF 81:1), ss. 142, 149, Sch. 13 Pt. I (subject to any saving under s. 117(8) of the said Local Government Finance Act 1988)
“Section 16(8)” in Sch. 19 Pt. I substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 28 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
Word in Sch. 9 Pt. I in entry relating to “Children and Young Persons Act 1969”repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Act | Section or Schedule |
|---|---|
M41Inclosure and Drainage (Rates) Act 1833 | Section 3. |
M42Ordnance Survey Act 1841 | Section 2. |
M43Companies Clauses Consolidation Act 1845 | Section 159. |
M44Lands Clauses Consolidation Act 1845 | Section 146. |
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
M45Towns Improvement Clauses Act 1847 | Sections 185 to 190. |
M46Ecclesiastical Courts Jurisdiction Act 1860 | Section 4. |
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
M47Railway Rolling Stock Protection Act 1872 | Section 6. |
. . . | . . . F84 |
F85. . . | F85. . . |
F86. . . | F86. . . |
F87. . . | F87. . . |
F86. . . | F86. . . |
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . | . . . F88 |
M48Canals Protection (London) Act 1898 | Section 5. |
M49Public Health Acts Amendment Act 1907 | Section 7. |
. . . | . . . F89 |
M50Marine Insurance (Gambling Policies) Act 1909 | Section 1(7). |
M51Protection of Animals Act 1911 | Section 14(1). |
M52Performing Animals (Regulation) Act 1925 | Section 2(2). |
. . . | . . . F90 |
. . . | . . . F91 |
M53Children and Young Persons Act 1933 | Section 55(5). |
Section 102. | |
. . . | . . . F92 |
M54Public Health Act 1936 | Section 301. |
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . | . . . F93 |
. . . | . . . F94 |
M55Prevention of Damage by Pests Act 1949 | Section 15(4). |
M56Coast Protection Act 1949 | Section 13(7). |
National Parks and Access to the M57Countryside Act 1949 | Section 68(6). |
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . | . . . F95 |
. . . | . . . F96 |
Schedule VII, 11. | |
. . . | . . . F97 |
. . . | . . . F98 |
. . . | . . . F99 |
. . . | . . . F100 |
M58Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956. | |
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . | . . . F101 |
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . | . . . F102 |
M59Milford Haven Conservancy Act 1958 | Section 9(4). |
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . | . . . F103 |
F83... | F83... |
. . . | . . . F104 |
M60Obscene Publications Act 1959 | Section 3(5). |
. . . | . . . F105 |
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . | . . . F106 |
F107... | F107... |
F107... | |
F107... | |
. . . F108 | |
F109... | F109... |
M61Offices, Shops and Railway Premises Act 1963 | Section 72. |
F109... | F109... |
M62Compulsory Purchase Act 1965 | Section 12(3). |
Sections 7(1), 99(5), 116(1).] | |
F109... | F109... |
M64Firearms Act 1968 | Section 44. |
Part II of Schedule V. | |
F109... | F109... |
F107... | F107... |
F107... | |
F107... | |
F107... | |
F107... | |
. . . | . . . F106 |
F109... | F109... |
M65Children and Young Persons Act 1969 | |
Part II Original Jurisdiction
Words repealed by Reservoirs Act 1975 (c. 23), ss. 28(1), 29(1)
Entry repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73(1), Sch. 17 Pt. II
Entry repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25
SCHEDULE 10. Transitional Provisions
Part I Criminal Assize Courts and Courts of Quarter Sessions
1
1
Subject to the provisions of this Act, for the purpose of enabling proceedings instituted before the appointed day to be continued thereafter, and for preserving in other respects the continuity of the administration of justice, the Crown Court shall be treated as succeeding to, and being the same court as, all criminal assize courts and, except as respects functions not transferred to the Crown Court, all courts of quarter sessions.
2
Any order, writ, summons, warrant, recognizance, notice, grant of legal aid or other proceeding or document shall have effect in accordance with sub-paragraph (1) above, and shall be construed, unless the context otherwise requires, in accordance with the Table in Part I of Schedule 8 to this Act.
3
F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part-heard proceedings
2
F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Costs in criminal cases
3
F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Records of courts of quarter sessions
4
F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Courts: Miscellaneous
Civil courts of assize
5
F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Directions by Lord Chief Justice
6
F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III County Court Judges
7
F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV Judges, 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
10
F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125
13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126
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 M67Local Government (Clerks) Act 1931,
b
any provision of the M68Local Government Superannuation Act 1937,
C
any provision of the M69Local Government Superannuation Act 1953, and
d
sections 8 and 29 of the M70Administration 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
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 M73Administration 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 M74County 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 . . . F127
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 F128giving 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 authorities
17
F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C29SCHEDULE 11 REPEALS
The text of Schedule 11 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Sch. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7