Office of Public Sector Information

Section 65

SCHEDULE 4 Further functions conferred on District Judges (Magistrates' Courts)

Criminal Justice Act 1967 (c. 80)

1 In section 9(5) (requirement for author of written statement to give evidence in person), for “by a puisne judge of the High Court, a Circuit judge or Recorder sitting alone” substitute “by any of the following sitting alone—

(a) a puisne judge of the High Court;

(b) a Circuit judge;

(c) a District Judge (Magistrates' Courts);

(d) a Recorder.”

Taxes Management Act 1970 (c. 9)

2 In—

(a) section 20D(1)(a) (meaning of “the appropriate judicial authority” in relation to England and Wales), and

(b) paragraph 9(2)(a) of Schedule 1AA (sanction for failure to comply with order under section 20BA),

after “Circuit judge” insert “or a District Judge (Magistrates' Courts)”.

Juries Act 1974 (c. 23)

3 In section 9B, for subsection (3) (meaning of “the judge” for purposes of discharge of person incapable of acting effectively as juror) substitute—

“(3) In this section and section 10 “the judge” means—

(a) a judge of the High Court,

(b) a Circuit judge,

(c) a District Judge (Magistrates' Courts), or

(d) a Recorder.”

4 In section 10 (discharge of summons in case of doubt as to capacity to act effectively as juror) omit “and for this purpose “the judge” means any judge of the High Court or any Circuit judge or Recorder”.

Police and Criminal Evidence Act 1984 (c. 60)

5 In section 9(2A) (application of enactments relating to execution of process in Scotland or Northern Ireland to processes issued by a Circuit judge under Schedule 1 to 1984 Act), for “circuit judge” substitute “judge”.

6 (1) In Schedule 1 (applications for access to excluded or special procedure material) for “circuit judge”, in each place, substitute “judge”.

(2) After paragraph 16 insert—

“Interpretation

17 In this Schedule “judge” means a Circuit judge or a District Judge (Magistrates' Courts).”

Computer Misuse Act 1990 (c. 18)

7 In section 14(1) (search warrants for offences under section 1) after “a Circuit judge” insert “or a District Judge (Magistrates' Courts)”.

Data Protection Act 1998 (c. 29)

8 In Schedule 9 (powers of entry and inspection) in paragraph 1(1) after “circuit judge” insert “or a District Judge (Magistrates' Courts)”.

Terrorism Act 2000 (c. 11)

9 In Schedule 5 (terrorist investigations: information)—

(a) in paragraphs 5(1) and (5), 6(1), 10(1), 11(1), 12(1) and (2) and 13(1), after “Circuit judge” insert “or a District Judge (Magistrates' Courts)”, and

(b) in paragraphs 5(4)(a) and 7(1)(b), after “Circuit judge” insert “or the District Judge (Magistrates' Courts)”.

10 In Schedule 6 (financial information), in paragraph 3(a), after “Circuit judge” insert “or a District Judge (Magistrates' Courts)”.

11 In Schedule 6A (account monitoring orders), in paragraph 1(2)(a), for “a Circuit judge,” substitute “a Circuit judge or a District Judge (Magistrates' Courts),”.

Regulation of Investigatory Powers Act 2000 (c. 23)

12 In Schedule 2 (persons who have the appropriate permission), in paragraph 1(1)(a), after “Circuit judge” insert “or a District Judge (Magistrates' Courts)”.

Freedom of Information Act 2000 (c. 36)

13 In Schedule 3 (powers of entry and inspection), in paragraph 1(1), after “Circuit judge” insert “or a District Judge (Magistrates' Courts)”.

International Criminal Court Act 2001 (c. 17)

14 In Schedule 5 (investigation of proceeds of ICC crime) in paragraphs 1(1) and 8 for “a Circuit judge or, in Northern Ireland, a county court judge” substitute

“(a) a Circuit judge or a District Judge (Magistrates' Courts), or

(b) in Northern Ireland, a county court judge,”.

Armed Forces Act 2001 (c. 19)

15 In section 6(2)(a) (applications for access to excluded or special procedure material), for “circuit judges” substitute “judges”.