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99 Commencement | |
(1) Subject to subsection (2), this Act comes into force in accordance with provision | |
made by order by the Lord Chancellor. | |
(2) Subsection (1) does not apply to section 37, 96, 97, 98(3) to (6), this section or | |
section 100 or 101. | 5 |
(3) An order under this section may appoint different days for different provisions | |
and different purposes. | |
100 Extent | |
(1) Subject to subsections (2) and (3), this Act extends only to England and Wales. | |
(2) Subsection (1) does not apply to section 54(3), 85, 86, 92, 93, 94 or 95. | 10 |
(3) Subject to any provision made in Schedule 6, the amendments and repeals | |
made by Schedules 4, 6 and 7 have the same extent as the enactments to which | |
they relate. | |
101 Short title | |
This Act may be cited as the Courts Act 2003. | 15 |
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Schedules | |
Schedule 1 | |
Section 6 | |
Abolition of magistrates’ courts committees: transfers | |
Property transfer schemes: general | |
1 (1) The Lord Chancellor may make a scheme or schemes for the transfer to him | 5 |
or another Minister of the Crown of any property, rights or liabilities— | |
(a) to which magistrates’ courts committees are entitled or subject | |
immediately before the appointed day, or | |
(b) to which any of the persons specified in sub-paragraph (2) is entitled | |
or subject immediately before the appointed day and which then | 10 |
subsist for the purposes of, or in connection with, magistrates’ | |
courts. | |
(2) The persons are— | |
(a) an authority which is a responsible authority for the purposes of the | |
Justices of the Peace Act 1997 (c. 25); | 15 |
(b) the Receiver for the Metropolitan Police District; | |
(c) the council of an outer London borough; | |
(d) the Common Council of the City of London; | |
(e) a police authority established under section 3 of the Police Act 1996 | |
(c. 16); | 20 |
(f) a local probation board; | |
(g) any other body which acts under any enactment or instrument for | |
public purposes and not for its own profit. | |
(3) In this Schedule “property transfer scheme” means a scheme under sub- | |
paragraph (1). | 25 |
(4) “The appointed day” means— | |
(a) in the case of the transfer of property, rights or liabilities to which | |
magistrates’ courts committees are entitled or subject, the day | |
immediately before the abolition day; | |
(b) in any other case, the day specified in the scheme. | 30 |
(5) On the day which is the appointed day in relation to property, rights or | |
liabilities to which provisions of a property transfer scheme applies, the | |
property, rights and liabilities are transferred and vest in accordance with | |
those provisions. | |
(6) In this Schedule “the abolition day” means the day appointed under section | 35 |
99(1) for the coming into force of section 6(1) (abolition of magistrates’ courts | |
committees). | |
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Property transfer schemes and terminated contracts of employment | |
2 A property transfer scheme may not transfer rights or liabilities under a | |
contract of employment, except where the rights or liabilities— | |
(a) are those to which a magistrates’ court committee is entitled or | |
subject, and | 5 |
(b) relate to a person whose contract of employment was terminated | |
before the appointed day. | |
Property transfer schemes: supplementary | |
3 (1) A property transfer scheme may provide for the creation of rights, or the | |
imposition of liabilities, in relation to property transferred by the scheme. | 10 |
(2) A property transfer scheme may provide for the apportionment or division | |
of any property, rights or liabilities. | |
(3) A property transfer scheme may— | |
(a) specify property, rights or liabilities to be transferred under or in | |
accordance with the scheme, or | 15 |
(b) provide for property, rights or liabilities to be transferred to be | |
determined in accordance with the scheme. | |
4 (1) A property transfer scheme has effect in relation to the property, rights and | |
liabilities to which it applies despite any provision (of whatever nature) | |
which would otherwise prevent, penalise or restrict the transfer of any of the | 20 |
property, rights and liabilities. | |
(2) A right of pre-emption, right of reverter or other similar right is not to | |
operate or become exercisable as a result of a transfer under a property | |
transfer scheme. | |
(3) In the case of such a transfer, any such right has effect as if the transferee | 25 |
were the same person in law as the transferor and as if the transfer had not | |
taken place. | |
5 (1) Such compensation as is just is to be paid to a third party in respect of any | |
right which would, apart from paragraph 4, have operated in favour of, or | |
become exercisable by, him but which, in consequence of the operation of | 30 |
that paragraph, cannot subsequently operate in his favour or become | |
exercisable by him. | |
(2) Any compensation payable by virtue of sub-paragraph (1) is to be paid by | |
the transferor, by the transferee or by both. | |
(3) A property transfer scheme may provide for the determination of any | 35 |
disputes as to— | |
(a) whether, and (if so) how much, compensation is payable by virtue of | |
sub-paragraph (1), and | |
(b) the person to whom or by whom it is to be paid. | |
(4) “Third party” means a person other than the transferor or the transferee. | 40 |
6 Paragraphs 4 and 5 apply in relation to the creation of rights in relation to | |
property as they apply in relation to a transfer of property; and references to | |
the transferor and the transferee are to be read accordingly. | |
7 A certificate issued by the Lord Chancellor that any property, rights or | |
liabilities have, or have not, been transferred under or in accordance with a | 45 |
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7 property transfer scheme is conclusive evidence of the transfer, or of the fact | |
that there has not been a transfer. | |
Stamp duty | |
8 (1) Stamp duty is not chargeable in respect of a transfer or grant effected under | |
or in accordance with a property transfer scheme. | 5 |
(2) No instrument made or executed for the purposes of such a transfer or grant | |
is to be treated as duly stamped unless— | |
(a) it has, in accordance with section 12 of the Stamp Act 1891 (c. 39), | |
been stamped with a particular stamp denoting that it is not | |
chargeable with that duty or that it is duly stamped, or | 10 |
(b) it is stamped with the duty to which it would be liable, apart from | |
this paragraph. | |
Staff transfer schemes | |
9 (1) The Lord Chancellor may make a scheme or schemes for the transfer, on the | |
appointed day, of eligible employees into employment by the Lord | 15 |
Chancellor. | |
(2) In this Schedule “staff transfer scheme” means a scheme under sub- | |
paragraph (1). | |
(3) “The appointed day” means the day immediately before the abolition day. | |
(4) “Eligible employee” means a person who is employed under a contract of | 20 |
employment— | |
(a) by a magistrates’ courts committee, or | |
(b) by an authority which is a responsible authority for the purposes of | |
the Justices of the Peace Act 1997 (c. 25), in connection with their | |
functions under that Act. | 25 |
(5) A staff transfer scheme may apply— | |
(a) to all, or any description of, eligible employees, or | |
(b) to any individual eligible employee. | |
(6) A staff transfer scheme may only be made if any directions about | |
consultation given by the Lord Chancellor have been complied with in | 30 |
relation to each eligible employee to be transferred under the scheme. | |
(7) Where an eligible employee is transferred under a staff transfer scheme— | |
(a) the terms and conditions of his contract of employment have effect | |
from the transfer as if they were terms and conditions of his | |
employment under section 2(1), | 35 |
(b) his period of employment with his previous employer counts as a | |
period of employment under section 2(1) and the transfer does not | |
break the continuity of that employment, | |
(c) all the rights, powers, duties and liabilities of the previous employer | |
under or in connection with the contract of employment are by virtue | 40 |
of this sub-paragraph transferred to the Lord Chancellor on the | |
transfer, and | |
(d) anything done before the transfer by or in relation to the previous | |
employer in respect of that contract or the employee is to be treated | |
from the transfer as having been done by or in relation to the Lord | 45 |
Chancellor. | |
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(8) If an eligible employee to whom a staff transfer scheme applies informs his | |
previous employer or the Lord Chancellor that he objects to being | |
transferred by the scheme— | |
(a) sub-paragraph (7) does not transfer his contract of employment or | |
the rights, powers, duties and liabilities under or in connection with | 5 |
it, and | |
(b) his contract of employment is terminated immediately before the | |
appointed day. | |
(9) An eligible employee is not to be treated, for the purposes of the | |
Employment Rights Act 1996 (c. 18), as having been dismissed by reason | 10 |
of— | |
(a) his transfer under a staff transfer scheme, or | |
(b) the termination of his contract of employment by sub-paragraph (8). | |
(10) If an eligible employee employed by a magistrates’ courts committee is not | |
transferred under a staff transfer scheme (otherwise than because of sub- | 15 |
paragraph (8)), his contract of employment is terminated by dismissal | |
immediately before the appointed day. | |
(11) This paragraph does not prejudice any right of an employee to terminate his | |
contract of employment if a substantial change is made to his detriment in | |
his working conditions; but no such right arises by reason only that, by | 20 |
virtue of this paragraph, the identity of his employer changes unless the | |
employee shows that, in all the circumstances, the change is a significant | |
change and is to his detriment. | |
Effect of staff transfer scheme on pension rights | |
10 (1) A staff transfer scheme may provide that, in the case of an employee of any | 25 |
specified description who is transferred by the scheme, paragraph 9(7) does | |
not apply in relation to— | |
(a) so much of the employee’s contract of employment as relates to | |
specified pension provisions, or | |
(b) any rights, powers, duties or liabilities under or in connection with | 30 |
that contract, or otherwise arising in connection with the employee's | |
employment, and relating to such provisions. | |
(2) If a staff transfer scheme makes the provision mentioned in sub-paragraph | |
(1), the scheme may, in relation to any such employee, make such provision | |
(if any) as the Lord Chancellor considers appropriate with respect to all or | 35 |
any of the matters mentioned in paragraphs (a) and (b) of that sub- | |
paragraph. | |
(3) The provision which may be made by virtue of sub-paragraph (2) includes | |
provision— | |
(a) for any such employee’s contract of employment with the transferee | 40 |
to have effect with any specified modifications; | |
(b) for specified pension provisions to have effect in the case of any such | |
employee with any such modifications. | |
(4) “Specified” means specified in the staff transfer scheme. | |
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Continuing provision of court-houses, accommodation etc. | |
11 (1) The Lord Chancellor may by regulations provide that any petty sessional | |
court-house or other accommodation specified in the regulations which | |
immediately before the abolition day was being provided by— | |
(a) the council of an outer London borough, or | 5 |
(b) the Common Council of the City of London, | |
pursuant to regulations made under paragraph 35 of Schedule 14 to the | |
Access to Justice Act 1999 (c. 22) shall on and after that day be provided by | |
that council to the Lord Chancellor for the performance of his functions | |
under section 3. | 10 |
(2) Regulations under sub-paragraph (1) may— | |
(a) prescribe terms and conditions, including conditions as to payment, | |
on which any court-house or other accommodation is to be provided, | |
and | |
(b) prohibit a council providing a court-house or other accommodation | 15 |
under sub-paragraph (1) from altering or extending it without the | |
consent of the Lord Chancellor. | |
Assistance | |
12 It is the duty of each person falling within paragraph 1(1)(a) or (2) to provide | |
the Lord Chancellor with such information or assistance as he may | 20 |
reasonably require for the purposes of, or in connection with, the exercise of | |
any powers exercisable by him in relation to a scheme under this Schedule. | |
Supplementary provisions in scheme | |
13 Any scheme under this Schedule may make such supplemental, | |
consequential or transitional provision for the purposes of, or in connection | 25 |
with, a transfer made by the scheme as the Lord Chancellor considers | |
appropriate. | |
Schedule 2 | |
Section 31 | |
Collection of fines by fines officers | |
Part 1 | 30 |
Introduction | |
Application of Schedule | |
1 (1) This Schedule applies if— | |
(a) a person (“P”) is liable to pay a sum which— | |
(i) consists of or includes a fine, and | 35 |
(ii) is or is treated for the purposes of Part 3 of the 1980 Act as a | |
sum adjudged to be paid by conviction of a magistrates’ | |
court, and | |
(b) sub-paragraph (4) or (5) applies to P. | |
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(2) In this Schedule “the sum due” means the sum adjudged to be paid as | |
mentioned in sub-paragraph (1)(a). | |
(3) In this Schedule “fine” does not include any pecuniary penalty, pecuniary | |
forfeiture or pecuniary compensation payable on conviction. | |
(4) This sub-paragraph applies to P if, under section 75(1) of the 1980 Act, a | 5 |
magistrates’ court has decided to— | |
(a) allow time for payment of the sum due, or | |
(b) order payment by instalments of the sum due. | |
(5) This sub-paragraph applies to P if, under section 139(1) or 141 of the 2000 | |
Act, the Crown Court has decided to— | 10 |
(a) allow time for payment of the sum due, or | |
(b) order (or direct) payment by instalments of the sum due. | |
Court’s power to make a collection order | |
2 (1) Where this Schedule applies, the court may make an order in relation to P (a | |
“collection order”) that payment of the sum due is to be enforced through | 15 |
the fines collection scheme. | |
(2) The collection order must— | |
(a) identify the fines officer who is to have the powers conferred by this | |
Schedule, | |
(b) state the amount of the sum due, the amount of the fine and the | 20 |
amount of any other part of the sum due, | |
(c) state the initial terms of the order, and | |
(d) contain information about how the fines collection scheme works. | |
(3) “The initial terms of the order” means— | |
(a) if the court has decided that time should be allowed for payment, the | 25 |
period within which the sum due is required to be paid; | |
(b) if the court has decided that P should pay by instalments, the | |
amounts of the instalments and the dates on which they must be | |
paid. | |
(4) If P is subject to a collection order— | 30 |
(a) the fines collection scheme applies to him, and | |
(b) the powers of any court to deal with his liability to pay the sum due | |
are subject to the provisions of the scheme. | |
(5) “The fines collection scheme” means— | |
(a) this Schedule, and | 35 |
(b) regulations made by the Lord Chancellor for the purpose of giving | |
effect to it (“fines collection regulations”). | |
Identification of the fines officer | |
3 (1) The collection order may identify the fines officer by giving the address of a | |
fines office. | 40 |
(2) If it does so, any fines officer working in the fines office is to be treated as the | |
fines officer in relation to the collection order. | |
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