SCHEDULE
Regulation 2
CONSEQUENTIAL PROVISION
1 Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
(1) The Rehabilitation of Offenders Act 1974 (Exceptions) Order 19757is amended as follows.
(2) In Schedule 1—
(a)
(a) in Part II (offices, employments and work), in paragraph 4, for “justices’ clerks and assistants to justices’ clerks” substitute “justices’ legal advisers”;
(b)
(b) in Part IV (interpretation), for the definition of “assistants to justices’ clerks” substitute—
““justices’ legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 20038;”.
2 Amendment of the Magistrates’ Courts Rules 1981
(1) The Magistrates’ Courts Rules 19819are amended as follows.
(2) In rule 2 (interpretation), in paragraph (1), after the definition of “the Act of 1998” insert—
““justices’ legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;”.
(3) In rule 3A (case management), in paragraph (7)(a), for “, justices’ clerk or assistant to a justices’ clerk” substitute “or justices’ legal adviser”.
(4) In rule 86 (requirements to be complied with before release), in paragraph (1)(b), for “a justices’ clerk” substitute “a justices’ legal adviser”.
3 Amendment of the Costs in Criminal Cases (General) Regulations 1986
In regulation 5 (the appropriate authority) of the Costs in Criminal Cases (General) Regulations 198610, in paragraph (2)(d), for “the justices’ clerk” substitute “a justices’ legal adviser (a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003)”.
4 Amendment of the Magistrates’ Courts (Costs Against Legal Representatives in Civil Proceedings) Rules 1991
In rule 2 (general) of the Magistrates’ Courts (Costs Against Legal Representatives in Civil Proceedings) Rules 199111, in paragraph (2), for “justices’ clerk” substitute “designated officer for the court”.
5 Amendment of the Civil Procedure Rules 1998
(1) The Civil Procedure Rules 199812are amended as follows.
(2) In rule 2.3 (interpretation), in paragraph (1) after the definition of “jurisdiction” insert—
““justices’ legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;”.
(3) In rule 65.48 (recognizance), in paragraph (1)(c), for “clerk” substitute “legal adviser”.
(4) In rule 77.6 (scope and interpretation), in paragraph (3)(d)(ii), for “clerk” substitute “legal adviser”.
6 Amendment of the Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999
(1) The Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 199913are amended as follows.
(2) In rule 3 (hearsay notices), in paragraph (2), omit “or the justices’ clerk”.
(3) In rule 4 (power to call witness for cross-examination on hearsay evidence)—
(a)
(a) in paragraph (3)(a), for “justices’ clerk” substitute “designated officer for the court”;
(b)
(b) in paragraph (5)—
(i) after “The court”, omit “or the justices’ clerk”;
(ii) after “if the court”, omit “or the justices’ clerk, as the case may be,”.
7 Amendment of the Magistrates’ Courts (Anti-Social Behaviour Orders) Rules 2002
(1) The Magistrates’ Courts (Anti-Social Behaviour Orders) Rules 200214are amended as follows.
(2) In rule 5 (interim orders)—
(a)
(a) in paragraph (1), for “justices’ clerk” substitute “court”;
(b)
(b) in paragraph (2)—
(i) for “justices’ clerk” substitute “court”;
(ii) for “he” substitute “it”.
(3) Omit rule 8 (delegation by justices’ clerk).
8 Amendment of the Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002
In rule 2 (interpretation) of the Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 200215, omit paragraph (b) (definition of “justices’ clerk”).
9 Amendment of the Magistrates’ Courts (Forfeiture of Political Donations) Rules 2003
In rule 2 (application for forfeiture) of the Magistrates’ Courts (Forfeiture of Political Donations) Rules 200316, in paragraph (2), for “justices’ clerk” substitute “designated officer for the court”.
10 Amendment of the Community Legal Service (Funding) Order 2007
(1) The Community Legal Service (Funding) Order 200717is amended as follows.
(2) In article 3 (interpretation), in paragraph (1)—
(a)
(a) omit the definition of “assistant to a justices’ clerk”;
(b)
(b) omit the definition of “justices’ clerk” and in its place insert—
““justices’ legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;”.
(3) In Schedule 1 (fees and hourly rates)—
(a)
(a) in Table 2(c), in the second column, for “Assistant to a justices’ clerk, justices’ clerk” each of the 5 times those words occur, substitute “Justices’ legal adviser”;
(b)
(b) in Table 3(e), in the second column, for “Assistant to a justices’ clerk, justices’ clerk” both times those words occur, substitute “Justices’ legal adviser”;
(c)
(c) in Table 3(f), in the second column, for “Assistant to a justices’ clerk, justices’ clerk” both times those words occur, substitute “Justices’ legal adviser”;
(d)
(d) in Table 3(g), in the second column, for “Assistant to a justices’ clerk, justices’ clerk” both times those words occur, substitute “Justices’ legal adviser”;
(e)
(e) in Table 9(a), in the heading to the third column, for “Assistant to a justices’ clerk, justices’ clerk” substitute “Justices’ legal adviser”;
(f)
(f) in Table 9(b), in the heading to the third column, for “Assistant to a justices’ clerk, justices’ clerk” substitute “Justices’ legal adviser”.
(4) In Schedule 2 (family advocacy scheme: fees and rates)—
(a)
(a) in Table 1(a), in the first column, for “Assistant to a justices’ clerk, justices’ clerk” substitute “Justices’ legal adviser”;
(b)
(b) in Table 1(b), in the first column, for “Assistant to a justices’ clerk, justices’ clerk” substitute “Justices’ legal adviser”;
(c)
(c) in Table 2(a), in the first column, for “Assistant to a justices’ clerk, justices’ clerk” substitute “Justices’ legal adviser”;
(d)
(d) in Table 2(b), in the first column, for “Assistant to a justices’ clerk, justices’ clerk” substitute “Justices’ legal adviser”;
(e)
(e) in Table 2(c), in the first column, for “Assistant to a justices’ clerk, justices’ clerk” substitute “Justices’ legal adviser”.
11 Amendment of the Magistrates’ Courts Fees Order 2008
In Schedule 1 (fees to be taken) to the Magistrates’ Courts Fees Order 200818, in the Note below fee 2.1, for “justices’ clerk” substitute “justices’ legal adviser”.
12 Amendment of the Family Proceedings Fees Order 2008
In Schedule 1 (fees to be...
