The Courts Act 2003 (Consequential Provisions) Order 2005

• Citation: S.I. 2005/886
• Sections: 115

Section 1 Citation and commencement

This Order may be cited as the Courts Act 2003 (Consequential Provisions) Order 2005 and shall come into force on 1st April 2005.

Section 2 Consequential provisions

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

Section 1 Licensing Act 1964

In section 2 (licensing justices and districts)—

(a) in subsection (1), for “petty sessions areas” substitute “local justice areas”; and

(b) in subsection (2), for “petty sessions area” substitute “local justice area” and for “acting for that area” substitute “acting in that area”.

Section 2 Licensing Act 1964

In sections 8A(2)(a) (approved licensee) and in section 9A(2) (interim authorities), for “chief executive to” substitute “designated officer for”.

Section 3 Licensing Act 1964

In section 10(1) (protection orders), for “acting for the petty sessions area” substitute “acting in the local justice area”.

Section 4 Licensing Act 1964

In section 19 (power to require structural alterations on renewal of on-licence)—

(a) in subsection (1), for “chief executive” substitute “designated officer”; and

(b) in subsection (2), for “chief executive to” substitute “designated officer for”.

Section 5 Licensing Act 1964

In section 20 (consent required for certain alterations to on-licensed premises)—

(a) in subsection (2), for “chief executive” substitute “designated officer”; and

(b) in subsection (4), for “justices'chief executive” substitute “designated officer” and for “chief executive to” (in each place) substitute “designated officer for”.

Section 6 Licensing Act 1964

In sections 20A (3) (revocation), 22(1), (2), (4) and (5) (procedural provisions as to appeals) and 27(4)(c)(ii) (effect on duration of opposition to grant of licence), for “chief executive to” substitute “designated officer for”.

Section 7 Licensing Act 1964

In the heading to section 28 (clerk and chief executive to licensing justices), for “chief executive to” substitute “designated officer for” and in that section—

(a) in subsection (1), for “acting for a petty sessions area” substitute “acting in a local justice area”

(b) in subsection (2), for “petty sessions area” substitute “local justice area”;

(c) in subsection (4), for “acting for a petty sessions area” substitute “acting in a local justice area”; and

(d) in subsection (5), for “justices' chief executive for a petty sessions area” substitute “designated officer for a local justice area” and for “chief executive to” substitute “designated officer for”.

Section 8 Licensing Act 1964

In section 29 (fees chargeable in licensing matters)—

(a) in subsection (1), for “justices' chief executives” substitute “designated officers”;

(b) in subsection (2), for “justices' chief executive acting as chief executive to licensing justices” substitute “designated officer acting as designated officer for licensing justices” and for “justices' chief executive acting as such” substitute “designated officer for the court”; and

(c) in subsection (3), for “justices' chief executive” substitute “designated officer”.

Section 9 Licensing Act 1964

In section 30(1) and (4) (register of licences), for “chief executive to” substitute “designated officer for”.

Section 10 Licensing Act 1964

In section 31 (convictions, forfeitures and disqualifications to be entered in register)—

(a) in subsection (1), for “chief executive to” (in both places) substitute “designated officer for” and for “justices' chief executive” substitute “designated officer”; and

(b) in subsection (2), for “chief executive to” substitute “designated officer for”.

Section 11 Licensing Act 1964

In section 32(1) and (2) (registration of owner, etc ), for “chief executive to” substitute “designated officer for”.

Section 12 Licensing Act 1964

In section 33 (notice of conviction of licence holder to be given to registered owner)—

(a) in subsection (1), for “chief executive to” substitute “designated officer for”; and

(b) in subsection (2), for “chief executive” (in both places) substitute “designated officer”.

Section 13 Licensing Act 1964

In sections 34(3) (inspection of register) and 46(2) (rights of fire authorities in connection with registration of clubs), for “chief executive to” substitute “designated officer for”.

Section 14 Licensing Act 1964

In section 51 (register of clubs)—

(a) in subsection (1), for “chief executive to the justices for any petty sessions area” substitute “designated officer for the justices in any local justice area”;

(b) in subsection (2), for “chief executive of” substitute “designated officer for”; and

(c) in subsection (4), for “chief executive to” substitute “designated officer for”.

Section 15 Licensing Act 1964

In section 57(1) (applications to magistrates' courts under Part II), for “acting for the petty sessions area” substitute “acting in the local justice area”.

Section 16 Licensing Act 1964

In section 62(3) (notice of permitted hours to be given), for “chief executive to the justices for the petty sessions area” substitute “designated officer for the justices in the local justice area”.

Section 17 Licensing Act 1964

In section 75 (procedural provisions as to exemption orders outside metropolitan area)—

(a) in subsection (1), for “acting for the petty sessions area” substitute “acting in the local justice area”;

(b) in subsection (2), for “chief executive to” substitute “designated officer for”; and

(c) in subsection (3), for “chief executive” (in each place) substitute “designated officer”.

Section 18 Licensing Act 1964

In section 87A(5) (notice of application for variation of permitted hours in on-licensed vineyard premises), for “chief executive to” substitute “designated officer for”.

Section 19 Licensing Act 1964

In sections 133(1) (restoration to full force of licence in suspense), 142(1) (restoration to full force of licence in suspense), 150(3) and (4)(a) (provisional canteen licences) and 151(6) (opposition to renewal of canteen licences), for “chief executive to” substitute “designated officer for”.

Section 20 Licensing Act 1964

In section 152(2) (transfer of canteen licences), for “petty sessions area” substitute “local justice area”.

Section 21 Licensing Act 1964

In sections 153A(3) (revocation of canteen licences) and 154(1)(b) (rights of appeal), for “chief executive to” substitute “designated officer for”.

Section 22 Licensing Act 1964

In section 179B(7)(b) (consideration of closure order by certain justices), for “acting for the petty sessions area” substitute “acting in the local justice area”.

Section 23 Licensing Act 1964

In section 179F(1) (procedural requirements), for “acting for the petty sessions area” substitute “acting in the local justice area” and for “chief executive to” substitute “designated officer for”.

Section 24 Licensing Act 1964

In section 179G(2) (notice of appeal), for “chief executive to” substitute “designated officer for” and for “justices' chief executive” substitute “designated officer for the court”.

Section 25 Licensing Act 1964

In section 180 (consent to grant of occasional licence)—

(a) in subsection (3), for “chief executive to” substitute “designated officer for”;

(b) in subsection (4), for “chief executive” (in each place) substitute “designated officer”; and

(c) in subsection (7), for “acting for the petty sessions area” substitute “acting in the local justice area”.

Section 26 Licensing Act 1964

In section 190(1) (magistrates' courts, etc not to sit in licensed premises), for “petty-sessional court-house or occasional court-house” substitute “a place at which a magistrates' court may sit”.

Section 27 Licensing Act 1964

In section 192 (jurisdiction of justices)—

(a) in subsection (1), for “acting for any petty sessions area” substitute “acting in any local justice area”; and

(b) in subsection (2), omit “Without prejudice to section 3 of the Magistrates' Courts Act 1980 ” and for “petty sessions areas” substitute “local justice areas”.

Section 28 Licensing Act 1964

In section 196A(2) (extension to certain proceedings under this Act of section 97 of the Magistrates' Courts Act 1980), for “petty sessions area” substitute “local justice area”.

Section 29 Licensing Act 1964

In section 199(c) (exemptions and savings), for “chief executive to” substitute “designated officer for”.

Section 30 Licensing Act 1964

In Schedule 1 (constitution and procedure of licensing justices)—

(a) in paragraph 6, omit “other than a borough having a separate commission of the peace” and for “acting for the petty sessions area” substitute “acting in the local justice area”; and

(b) in paragraph 11, for “chief executive to” substitute “designated officer for”.

Section 31 Licensing Act 1964

In paragraphs 1(a), 3 and 6 of Schedule 2 (applications for justices' licences), for “chief executive to” substitute “designated officer for”.

Section 32 Licensing Act 1964

In Schedule 6 (procedure on applications and complaints relating to registration certificates)—

(a) in paragraphs 1(1) and (3), 2, 4, 6(1) and 7, for “chief executive to” substitute “designated officer for”; and

(b) in paragraph 4, for “chief executive” (in the second place) substitute “designated officer”.

Section 33 Licensing Act 1964

In paragraphs 1(1) and 4(2) of Schedule 8A (procedure for making, varying or revoking restriction orders), for “chief executive to” substitute “designated officer for”.

Section 34 Licensing Act 1964

In paragraph 7 of Schedule 11 (licensing planning committees),

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

(b) for “chief executives” substitute “designated officers”; and

(c) for “chief executive” (in the second place) substitute “designated officer”.

Section 35 Licensing Act 1964

In Schedule 12 (applications for grant or transfer of canteen licences),

(a) in paragraph 1(1)(a), for “chief executive of” substitute “designated officer for”; and

(b) in paragraph 3, for “chief executive to” substitute “designated officer for”.

Section 36 Licensing Act 1964

In paragraphs 1(1), 2(1), 7(3)(a) and 8(a) of Schedule 12A (children’s certificates: supplementary provisions), for “chief executive to” substitute “designated officer for”.

Section 37 Gaming Act 1968

In paragraph 24(a) of Schedule 9 (permits under section 34), for “chief executive to” substitute “designated officer for”.

Section 38 Late Night Refreshment Houses Act 1969

In section 6(2) (local register of licences), for “justices' chief executive for any petty sessions area” substitute “designated officer for any local justice area”

Section 39 Lotteries and Amusements Act 1976

In the definition of “the proper officer of the appropriate authority” in paragraph 1(2) of Schedule 3 (permits for commercial provision of amusements with prizes), for “chief executive to” substitute “designated officer for”.

Section 40 Bail Act 1976

In section 3(6C)(a) (general provisions) and in paragraph 6C(a) of Schedule 1 (persons entitled to bail: supplementary provisions), for “petty sessions area” substitute “local justice area”.

Section 41 Local Government (Miscellaneous Provisions) Act 1982

In Schedule 3 (control of sex establishments)—

(a) in paragraph 27(1), for “the magistrates' court acting for the relevant area” substitute “a magistrates' court”; and

(b) omit the definition of “the relevant area” in paragraph 27(4).

Section 42 Criminal Justice Act 1982

In Schedule 13 (community service orders—reciprocal arrangements)—

(a) in paragraphs 7(1), (2)(b) and (3)(a), for “petty sessions area” substitute “local justice area”; and

(b) in the definition of “home court” in paragraph 9(2) and in paragraph 9(6)(a), for “acting for the petty sessions area” substitute “acting in the local justice area”.

Section 43 Licensing (Occasional Permissions) Act 1983

In section 2 (applications for occasional permissions)—

(a) in subsection (2), for “chief executive to” substitute “designated officer for”; and

(b) in subsections (3), (4) and (5), for “chief executive” substitute “designated officer”.

Section 44 Sporting Events (Control of Alcohol etc) Act 1985

In section 4 (supplementary provisions about orders under section 3)—

(a) in subsection (5), for “the magistrates' court acting for the petty sessions area in which the premises are situated” substitute “a magistrates' court”;

(b) in subsection (6), for “justices' chief executives” substitute “designated officers”; and

(c) in paragraph 1 of the Schedule (procedure), omit “acting for the petty sessions area for which the magistrates' court having jurisdiction in the matter acts”.

Section 45 Criminal Justice Act 1988

In section 151(2) (Customs and Excise power of arrest), omit “for the petty sessions area in which he was arrested”.

Section 46 Road Traffic (Driver Licensing and Information Systems) Act 1989

In paragraph 7(1) of Schedule 1(existing HGV and PSV drivers'licences), for “to a magistrates' court acting for the petty sessions area in which the holder of the licence resides, or, in Scotland, to the sheriff within whose jurisdiction he resides” substitute “, if he resides in England and Wales, to a magistrates' court or, if he resides in Scotland, to the sheriff within whose jurisdiction he resides”.

Section 47 London Local Authorities Act 1991

In section 13(1) (Part II appeals), for “the magistrates' court acting for the petty sessions area in which the premises are situated” substitute “a magistrates' court”.

Section 48 Criminal Justice Act 1991

In Schedule 3 (reciprocal enforcement of certain orders)—

(a) in paragraph 10(1), (2)(b), (3)(a) and (4), for “petty sessions area” substitute “local justice area”; and

(b) in paragraph 11(5) and (8), for “acting for the petty sessions area” substitute “acting in the local justice area”.