SCHEDULE
Section 3
Authorised court and tribunal staff: legal advice and judicial functions
Courts
1
In section 51 of the Criminal Justice Act 1972 (execution of process between England and Wales and Scotland), omit subsection (4).
2
In section 3(1) of the Solicitors Act 1974 (admission as solicitor), omit the words from the beginning to “clerk),”.
3
In section 8(4)(a) of the Bail Act 1976 (recognizance of surety), omit “, a justices’ clerk”.
4
4 The Magistrates’ Courts Act 1980 is amended as follows.
5
(1) Section 12 (non-appearance of accused: plea of guilty) is amended as follows.
(2) In subsection (7), omit “by the clerk of the court”.
(3) In subsection (7ZA), at the end insert—
“(c) specify the persons, or description of persons, who must—(i) read out the things mentioned in such of those paragraphs as apply, and(ii) give the account mentioned in subsection (7A).”
(4) In subsection (7A), omit “by the clerk of the court”.
6
6 In section 77(6)(a) (postponement of issue of warrant: reference of application to court), omit “clerk of the”.
7
7 In section 114 (recognizances and fees on case stated)—
(a) for “justices’ clerk” substitute “designated officer for the court”, and
(b) omit “for the court”.
8
(1) Section 125C (disclosure of information for enforcing warrants) is amended as follows.
(2) In subsection (1), omit “(or to a justices’ clerk who is specified in the application)”.
(3) In subsection (3)(c) omit “justices’ clerk or other”.
9
9 In section 125CB(1)(c) (use of information supplied under disclosure order), omit “justices’ clerk or other”.
10
10 In section 144 (rules of procedure), for subsections (1) and (1ZA) substitute—
“(1) The Lord Chief Justice may, with the concurrence of the Lord Chancellor, make rules for regulating and prescribing, except in relation to any criminal cause or matter, the procedure and practice to be followed—
(a) in magistrates’ courts, and
(b) by designated officers for magistrates’ courts.”
11
In section 116(9) of the Highways Act 1980 (power of magistrates’ court to authorise stopping up or diversion of highway), for “justices’ clerk” substitute “designated officer for the court”.
Matrimonial and Family Proceedings Act 1984
12
12 The Matrimonial and Family Proceedings Act 1984 is amended as follows.
13
13 In section 31C(2) (precedent in the family court), for “justices’ clerk or an assistant to a justices’ clerk,” substitute “person authorised under section 67B(2) of the Courts Act 2003,”.
14
14 For section 31O substitute—
“31O. Function of giving legal advice to judges
(1) The Lord Chief Justice may authorise a person—
(a) to give advice to judges of the family court about matters of law (including procedure and practice) on questions arising in connection with the discharge by them of functions conferred on them or the court, including questions arising when the person is not personally attending on them, and
(b) to bring to the attention of judges of the family court, at any time when the person thinks appropriate, any point of law (including procedure and practice) that is or may be involved in any question so arising.
(2) The Lord Chief Justice may authorise a person under subsection (1) only if the person—
(a) is appointed under section 2(1) of...
