The Courts Act 2003 (Consequential Provisions) ( No. 2) Order 2005

• Citation: S.I. 2005/617
• Sections: 239

Section 1 Citation and commencement

This Order may be cited as the Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 and shall come into force on 1st April 2005.

Section 2 Consequential provisions

The amendments of subordinate legislation in the Schedule to this Order have effect.

Section 3 Revocation

The Magistrates' Courts (Remands in Custody) Order 1989 is hereby revoked.

Section 1 Maintenance Orders (Facilities for Enforcement) Rules 1922

In rule 1, for “justices' chief executive for the petty sessions area” substitute “designated officer for the local justice area”.

Section 2 Maintenance Orders (Facilities for Enforcement) Rules 1922

In rules 2A and 3, for “justices' chief executive” substitute “designated officer for a local justice area”.

Section 3

In rules 5A(4) (in the first place) and 6A(3) (in the first place) and in the definition of “file” in paragraph 1 of the Schedule, for “justices' chief executive” substitute “designated officer for a magistrates' court”.

Section 4

In rules 4, 5, 5A(2) and (4) (in the second place), 6, 6A(3)(b) and 7 and paragraphs 2(1)(b) and (2), 4(1) and (4), 5(3) (in the first place) and (5)(c)(ii), 7(3) and 8(1) of the Schedule, for “justices' chief executive” substitute “designated officer for the court”.

Section 5

In paragraph 1 of the Schedule, omit the definition of “justices' chief executive”.

Section 6

For “justices' chief executive” in other places in these Rules substitute “designated officer”.

Section 7

In paragraph 12(2) of the Schedule, for “magistrates' courts committee” substitute “Lord Chancellor”.

Section 8 Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950

In these Rules, for “justices' chief executive” (in each place) substitute “designated officer”.

Section 9 Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950

In rules 1(1) and (4), 2(1) and 5(1), for “acting for the same place” substitute “acting in the same place”.

Section 10

In the Schedule—

(a) in Forms 1 and 2, for “Petty Sessional Division” substitute “Local Justice Area” and for “Justices' Chief Executive” (in each place) substitute “Designated Officer”; and

(b) in Form 4, for “Justices' Chief Executive” substitute “Designated Officer for the Court”.

Section 11 Youth Courts (Constitution) Rules 1954

In rule 1—

(a) after paragraph (1), insert the following paragraph:

(1A) In respect of the next meeting to be held after 1st April 2005 as provided in paragraph (1) above and in every third year thereafter, that paragraph shall have effect as if the reference to “of each petty sessions area” were a reference to “for each local justice area” and a panel in being on that date shall have effect as the panel for the local justice area corresponding (in accordance with the first order made under section 8 of the Courts Act 2003) to the petty sessions area for which it was formed.

(b) in paragraphs (2), (3) and (5)(a) (in both places), for “petty sessions area” substitute “local justice area”;

(c) omit paragraph (4) and the words “except as provided in paragraph (4) of this Rule” in paragraph (2); and

(d) in paragraph (5)—

(i) in subparagraph (b), at the end insert “and are assigned to the first area by the Lord Chancellor”; and

(ii) omit subparagraph (d).

Section 12 Youth Courts (Constitution) Rules 1954

In rules 3, 6 and 9(1), for “petty sessions area” substitute “local justice area”.

Section 13

In rule 14(1), omit the words from “and, in relation to” to the end”.

Section 14 Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In these Rules, for “justices' chief executive” (in each place) substitute “designated officer”.

Section 15 Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In the Schedule—

(a) for “JUSTICES' CHIEF EXECUTIVE” (in each place) substitute “DESIGNATED OFFICER”;

(b) for “Justices' Chief Executive” (in each place) and “Chief Executive” substitute “Designated Officer”; and

(c) for “Petty Sessional Division” (in each place) substitute “Local Justice Area”.

Section 16 Betting (Licensing) Regulations 1960

In regulations 1(1) and 2(1), for “petty sessions area” substitute “local justice area”.

Section 17 Betting (Licensing) Regulations 1960

In the Schedule—

(a) in Forms 1 to 6 and 9 to 12, for “Petty Sessional Division” substitute “Local Justice Area”; and

(b) in Forms 7 and 8, for “PETTY SESSIONAL DIVISION” substitute “LOCAL JUSTICE AREA”.

Section 18 Betting Levy (Particulars of Bookmakers' Permits) Regulations 1961

In regulation 1(a), for “petty sessions area” substitute “local justice area”.

Section 19 Justices of the Peace Act 1949 (Compensation) Regulations 1965

In regulation 2(1), in the definition of “determining authority” for the words from “means” to the end substitute “means the Lord Chancellor”.

Section 20 Magistrates' Courts (Backing of Warrants) Rules 1965

In rules 3(2) and (3), 4(1) and 5B (in the second place), for “justices' chief executive” substitute “designated officer”.

Section 21 Magistrates' Courts (Backing of Warrants) Rules 1965

In rule 5B, for “justices' chief executive” (in the first place) substitute “designated officer for the magistrates' court”.

Section 22 Criminal Appeal Rules 1968

In Schedule 1 to these Rules for “justices' chief executive” (in each place) substitute “designated officer” and for “Justices' Chief Executive” substitute “Designated Officer”.

Section 23 Gaming Act (Registration under Part II) Regulations 1969

In these Regulations, for “petty sessions area” (in each place) substitute “local justice area”.

Section 24 Gaming Act (Registration under Part III) Regulations 1969

In these Regulations, for “petty sessions area” (in each place) substitute “local justice area”.

Section 25 Gaming Clubs (Licensing) Regulations 1969

In these Regulations, for “petty sessions area” (in each place) substitute “local justice area”.

Section 26 Magistrates' Courts (Attachment of Earnings) Rules 1971

In these Rules (in each place)—

(a) for “justices' chief executive” substitute “designated officer”;

(b) for “acting for” substitute “acting in”; and

(c) for “petty sessions area” substitute “local justice area”.

Section 27 Magistrates' Courts (Attachment of Earnings) Rules 1971

In rule 9(2), for “for which the justice is acting” substitute “in which the justice is acting”.

Section 28

In rule 16(1), for “for which the second mentioned court acted” substitute “in which the second mentioned court acted”.

Section 29 Blood Tests (Evidence of Paternity) Regulations 1971

In Form 2 in Schedule 1, for “Justices' Chief Executive” substitute “Designated Officer”.

Section 30 Magistrates' Courts (Blood Tests) Rules 1971

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Section 31 Isles of Scilly (Sale of Intoxicating Liquor) Order 1973

In article 4(2)(f), omit ‘“justices' chief executive”’ and for “chief executive to” substitute “designated officer for”.

Section 32 Isles of Scilly (Sale of Intoxicating Liquor) Order 1973

In article 14, for “justices' chief executives” substitute “designated officers for licensing justices”.

Section 33 Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974

In the definition of “the court’s register” in rule 2(1), for “a justices' chief executive, means the register kept by the justices' chief executive” substitute “the designated officer for a magistrates' court, means the register kept by the designated officer”.

Section 34 Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974

In rules 4A(3) (in the first place), 7(2) (in the first place), 8(1), 9(1A) (in the first place) and (2), 13(1) and (3) and 14(1) and (2) (in the first place) and in the definition of “file” in paragraph 1 of Schedule A1, for “justices' chief executive” substitute “designated officer for a magistrates' court”.

Section 35

In rules 4B(2)(b), 8(2), 9B(1) and 12 (in each place) and paragraphs 2(1)(b), 4(1) and (4), 5(3) (in the first place) and (5)(c)(ii), 7(3) and 8(1) of Schedule A1, for “justices' chief executive” substitute “designated officer for the court”.

Section 36

In paragraph 1 of Schedule A1, omit the definition of “justices' chief executive”.

Section 37

For “justices' chief executive” in other places in these Rules substitute “designated officer”.

Section 38

In paragraph 12(2) of Schedule A1, for “magistrates' courts committee” substitute “Lord Chancellor”.

Section 39 Magistrates' Courts (Guardianship of Minors) Rules 1974

In rule 5(1), omit “for the commission area in which the applicant or any respondent resides”.

Section 40 Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975

In the definition of “the court’s register” in rule 2(1), for “a justices' chief executive, means the register kept by the justices' chief executive” substitute “the designated officer for a magistrates' court, means the register kept by the designated officer”.

Section 41 Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975

In rules 4A(2) (in the first place), 8(1) and 13 (in each place) and in the definition of “file” in paragraph 1 of Schedule A1, for “justices' chief executive” substitute “designated officer for a magistrates' court”.

Section 42

In rules 9(2), 10(1A), (2) and (3) and 12 and paragraphs 2(1)(b), 4(1) and (4), 5(3) (in the first place) and (5)(c)(ii), 7(3) and 8(1) of Schedule A1, for “justices' chief executive” substitute “designated officer for the court”.

Section 43

In paragraph 1 of Schedule A1, omit the definition of “justices' chief executive”.

Section 44

For “justices' chief executive” in other places in these Rules substitute “designated officer”.

Section 45

In rule 14(1), for “petty sessions area for which the court acts” substitute “local justice area in which the court acts”.

Section 46

In paragraph 12(2) of Schedule A1, for “magistrates' courts committee” substitute “Lord Chancellor”.

Section 47

In the Schedule (in both places), for “J.C.E.” substitute “D.O.” and for “Justices' Chief Executive” substitute “Designated Officer for the Court”.