The Petty Sessional Divisions (Berkshire) Order 1990

• Citation: S.I. 1990/1275
• Sections: 10

Section 1

This Order may be cited as the Petty Sessional Divisions (Berkshire) Order 1990 and shall come into force on 1st January 1991.

Section 2

In this Order, except where the context otherwise requires, the expression “division” means petty sessional division and any reference to a justice for a division shall be construed as a reference to a justice of the peace who ordinarily acts, or, as the case may be, will on or after 1st January 1991 ordinarily act, in and for that division.

Section 3

Each of the areas specified in column 1 of Schedule 1 to this Order shall cease to form part of the division specified opposite thereto in column 2 of Schedule 1 and shall be transferred to, and form part of, the division specified opposite thereto in column 3 of Schedule 1.

Section 4

The transitional and consequential provisions set out in Schedule 2 to this Order shall have effect in connection with the provisions of article 3 of this Order.

Section 1

In this Schedule–

“respective division” means a division in column 2 or column 3 of Schedule 1 to this Order which is specified opposite one of the areas to be transferred in column 1 of Schedule 1 to this Order;

“respective area” means an area in column 1 of Schedule 1 to this Order which is specified opposite one of the divisions in column 2 or column 3 of Schedule 1 to this Order;

“community service order” means an order made under section 14 of the Powers of Criminal Courts Act 1973 rs);

“probation order” means a probation order made or having effect as if made under section 2 of the Powers of Criminal Courts Act 1973;

“supervision order” means any of the following orders, that is to say–

a supervision order within the meaning of section 11 of the Children and Young Persons Act 1969 rs);

an order under section 2(1)(f) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960 rs) or section 9 of the Domestic Proceedings and Magistrates' Courts Act 1978

an order under section 2(2)(a) of the Guardianship Act 1973 ;

a supervision order within the meaning of section 26 of the Powers of Criminal Courts Act 1973;

an order under section 17(1)(a)or section 36(3) of the Children Act 1975 .

Section 2

The transfer of an area listed in column 1 of Schedule 1 by article 3 of this Order shall not affect any proceedings commenced before 1st January 1991 before justices for the respective division specified in column 2 and any such proceedings may be disposed of as if the area still formed part of that division.

Section 3

Where on 1st January 1991 periodical payments are payable under section 59 of the Magistrates' Courts Act 1980 rs) through the clerk to the justices for a division specified in column 2 of Schedule 1 to a person who resides in the respective area listed in column 1 the clerk may amend the order so as to require the payments to be made through the clerk to the justices for the respective division specified in column 3 and, if the clerk does so amend the order, he shall give notice of the amendment to the person entitled to the payments, to the person required to make the payments and to the clerk to the justices for the respective division specified in column 3.

Section 4

Where on 1st January 1991 a community service order, probation order or supervision order is in force and the offender, probationer or person under supervision is residing in one of the areas specified in column 1 of Schedule 1, the justices for the respective division in column 2 of Schedule 1 may amend the order in regard to the division named as if the offender, probationer or person under supervision, as the case may be, had changed his residence.

Section 5

Any order made, licence granted or other thing done under the Licensing Act 1964 , the Licensing (Occasional Permissions) Act 1983 or section 3 of the Sporting Events (Control of Alcohol etc. ) Act 1985 by the licensing justices in respect of premises situated in one of the areas listed in column 1 of Schedule 1 being an order or licence in force or other thing having effect immediately before 1st January 1991, shall continue to have like effect on and after that date as if this Order had not been made but shall be treated as if it had been made, granted or done by the licensing justices for the respective division specified in column 3 of Schedule 1.

Section 6

Anything done under the Betting, Gaming and Lotteries Act 1963 or the Gaming Act 1968 by or in relation to the betting licensing committee for a division specified in column 2 of Schedule 1 in respect of premises situated in the respective area listed in column 1 of Schedule 1, being a thing having effect immediately before 1st January 1991, shall continue to have like effect on and after that date as if this Order had not been made but shall be treated as if it had been done by, or in relation to, the betting licensing committee for the respective division specified in column 3 of Schedule 1, and anything done under either of those Acts by, or in relation to, any other person or body shall have effect accordingly.