- a sum required to be paid by a compensation order
means any sum required to be paid by an order made under section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code;... • “a sum required to be paid by an unlawful profit order” means any sum required to be paid by an order made under section 4 of the Prevention of Social Housing Fraud Act 2013 • “a sum required to be paid by a slavery and trafficking reparation order” means any sum required to be paid by an order made under section 8 of the Modern Slavery Act 2015.
- a sum required to be paid by an unlawful profit order
means any sum required to be paid by an order made under section 4 of the Prevention of Social Housing Fraud Act 2013 • “a sum required to be paid by a slavery and trafficking reparation order” means any sum required to be paid by an order made under section 8 of the Modern Slavery Act 2015.
- appellant
includes a person who has given notice of application for leave to appeal under any of the provisions mentioned in section 31B(5);
- approved arrangements
means arrangements approved by the Lord Chancellor or a person acting on his behalf.
- bankrupt
has the meaning given by section 381 of the Insolvency Act 1986 or Article 9 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), • “income payments agreement” means an agreement under section 310A of that Act or equivalent legislation for Northern Ireland, • “income payments order” means an order under section 310 of that Act or equivalent legislation for Northern Ireland, and • “periodical payments” means periodical payments awarded or agreed, or in so far as awarded or agreed, as damages for future pecuniary loss by— (a) an order of a court made in reliance on section 2 of the Damages Act 1996 (including an order as varied), or (b) an agreement settling a claim or action for damages in respect of personal injury (including an agreement as varied).
- caution
means— (a) in the case of England and Wales— (i) a conditional caution given under section 22 of the Criminal Justice Act 2003, (ii) a youth conditional caution given under section 66A of the Crime and Disorder Act 1998, or (iii) any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, the person has admitted;
- Civil Procedure Rules
has the same meaning as in the Civil Procedure Act 1997;
- civil proceedings
means— (a) proceedings in the county court, (b) proceedings in the High Court, other than— (i) proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, and (ii) proceedings in the exercise of its jurisdiction under the Extradition Act 2003, and (c) proceedings in the civil division of the Court of Appeal arising out of civil proceedings within paragraph (a) or (b);
- coherence
refers to a witness's ability in giving evidence to give answers which—
- Collection order
means an order made under Part 4 of this Schedule.
- conviction
means— (a) a conviction by or before a court in England and Wales, Scotland or Northern Ireland;
- court
has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act).
- court building
means any building—
- court proceedings
means proceedings in any court;
- Court-house
means any place where a court sits, including the precincts of any building in which it sits.
- criminal court
means—
- damages
includes an interim payment which a court orders a defendant to make to a claimant. 6 In the application of this section to Northern Ireland— a a reference to Civil Procedure Rules shall be taken as a reference to rules of court, and b a reference to a claimant shall be taken as a reference to a plaintiff. 7 Section 2 is without prejudice to any power exercisable apart from that section. 2B 1 The Lord Chancellor may by order enable a court which has made an order for periodical payments to vary the order in specified circumstances (otherwise than in accordance with section 2(5)(d)). 2 The Lord Chancellor may by order enable a court in specified circumstances to vary the terms on which a claim or action for damages for personal injury is settled by agreement between the parties if the agreement— a provides for periodical payments, and b expressly permits a party to apply to a court for variation in those circumstances. 3 An order under this section may make provision— a which operates wholly or partly by reference to a condition or other term of the court’s order or of the agreement;
- designated live-streaming premises
means premises that are designated by the Lord Chancellor as premises that are made available for members of the public to watch or listen to proceedings in accordance with directions under subsection (2).
- domestic abuse
has the meaning given by section 1 of the Domestic Abuse Act 2021;
- electronic communications device
means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003).
- enactment
includes subordinate legislation and, except where otherwise provided, any reference to an enactment is to an enactment whenever passed or made;
- enforcement officer
means an individual who is authorised to act as an enforcement officer under the Courts Act 2003.”
- Exempt goods
means—
- finances information
means information—
- Fine
includes—
- fines collection regulations
means regulations made by the Lord Chancellor for the purpose of giving effect to this Schedule.
- fines officer
has the meaning given by section 36;
- further damages
means damages awarded by virtue of subsection (2)(b) of either of those sections (or, in relation to Northern Ireland, paragraph 10(2)(b) of Schedule 6 to the Administration of Justice Act 1982).”
- government or health service body
means a body designated as a government body or a health service body by order made by the Lord Chancellor. 3 An order under subsection (2)— a shall be made by statutory instrument, and b shall be subject to annulment in pursuance of a resolution of either House of Parliament. 4 Section 2(6) is without prejudice to a person’s power to assign a right to the scheme manager established under section 212 of the Financial Services and Markets Act 2000. 5 In section 2 “damages” includes an interim payment which a court orders a defendant to make to a claimant. 6 In the application of this section to Northern Ireland— a a reference to Civil Procedure Rules shall be taken as a reference to rules of court, and b a reference to a claimant shall be taken as a reference to a plaintiff. 7 Section 2 is without prejudice to any power exercisable apart from that section. 2B 1 The Lord Chancellor may by order enable a court which has made an order for periodical payments to vary the order in specified circumstances (otherwise than in accordance with section 2(5)(d)). 2 The Lord Chancellor may by order enable a court in specified circumstances to vary the terms on
- immobilisation device
has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked);
- income payments agreement
means an agreement under section 310A of that Act or equivalent legislation for Northern Ireland, • “income payments order” means an order under section 310 of that Act or equivalent legislation for Northern Ireland, and • “periodical payments” means periodical payments awarded or agreed, or in so far as awarded or agreed, as damages for future pecuniary loss by— (a) an order of a court made in reliance on section 2 of the Damages Act 1996 (including an order as varied), or (b) an agreement settling a claim or action for damages in respect of personal injury (including an agreement as varied).
- income payments order
means an order under section 310 of that Act or equivalent legislation for Northern Ireland, and • “periodical payments” means periodical payments awarded or agreed, or in so far as awarded or agreed, as damages for future pecuniary loss by— (a) an order of a court made in reliance on section 2 of the Damages Act 1996 (including an order as varied), or (b) an agreement settling a claim or action for damages in respect of personal injury (including an agreement as varied).
- information
means information held in any form;
- judicial office holder
has the meaning given by section 109(4) of the Constitutional Reform Act 2005.
- knife
includes— (a) a knife-blade, and (b) any other article which— (i) has a blade or is sharply pointed, and (ii) is made or adapted for use for causing injury to the person.
- Lawful claimant
means a person who proves that at the time of sale he had a title to any goods seized and sold.
- lay justice
has the meaning given by section 9.
- Local authority
means—
- magistrate
means any two justices of the peace sitting together in public.”
- Minister of the Crown
has the same meaning as in the Ministers of the Crown Act 1975 (c. 26).
- motor vehicle
means a mechanically propelled vehicle intended or adapted for use on roads, except that section 189 of the Road Traffic Act 1988 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts.
- offence
includes an offence under a law that is no longer in force.
- officer of a court
means— a any sheriff, under sheriff, deputy sheriff, bailiff or officer of a sheriff;
- payment terms
means the requirements as to the time and manner of payment imposed under section 16L(2)(c) of the Magistrates’ Courts Act 1980.
- periodical payments
means periodical payments made pursuant to— a an order of a court in so far as it is made in reliance on section 2 above (including an order as varied), or b an agreement in so far as it settles a claim or action for damages in respect of personal injury (including an agreement as varied). 6 In subsection (5)(b) the reference to an agreement in so far as it settles a claim or action for damages in respect of personal injury includes a reference to an undertaking given by the Motor Insurers' Bureau (being the company of that name incorporated on 14th June 1946 under the Companies Act 1929), or an Article 75 insurer under the Bureau’s Articles of Association, in relation
- Procedural directions
means directions for the efficient and effective preparation of— a an application for leave to appeal, or b an appeal, under this Part. 3 A judge of the Appeal Court may give such procedural directions as he thinks fit— a when acting under subsection (1);
- property transfer scheme
means a scheme under sub-paragraph (1).
- protective injunction
means an order, injunction or interdict specified, or of a description specified, in regulations made by the Lord Chancellor.
- provisional damages
means damages awarded by virtue of subsection (2)(a) of section 32A of the Supreme Court Act 1981 or section 51 of the County Courts Act 1984 (or, in relation to Northern Ireland, paragraph 10(2)(a) of Schedule 6 to the Administration of Justice Act 1982), and • “further damages” means damages awarded by virtue of subsection (2)(b) of either of those sections (or, in relation to Northern Ireland, paragraph 10(2)(b) of Schedule 6 to the Administration of Justice Act 1982).”
- qualified legal representative
means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act) in civil proceedings.
- qualifying judge advocate
means—
- recognised badge
has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain).
- recording
means a recording on any medium— (a) of a single image, a moving image or any sound, or (b) from which a single image, a moving image or any sound may be produced or reproduced;
- Regulations
means regulations made by the Lord Chancellor for the purposes of this section.
- relevant benefit
means a benefit from which the Secretary of State may make deductions by virtue of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from universal credit and income support etc.), and
- relevant judicial function
means— (a) a function of a court to which the general duty of the Lord Chancellor under section 1 of this Act applies;
- relevant person
means a person who is appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4).
- respondent
includes a person who will be a respondent if leave to appeal is granted.”
- rules
means rules made by the Lord Chief Justice.
- rules of court
includes any provision governing the practice and procedure of a court which is made by or under an enactment.
- service disciplinary proceedings
means— (a) any proceedings (whether or not before a court) in respect of a service offence (except proceedings before a civilian court within the meaning of the Armed Forces Act 2006);
- service offence
means— (a) a service offence within the meaning of the Armed Forces Act 2006, or (b) an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);
- social security information
means information which is held for the purposes of functions relating to social security— (a) by the Secretary of State or a Northern Ireland Department, or (b) by a person providing services to the Secretary of State, or a Northern Ireland Department, in connection with the provision of those services, or information which is held with information so held.
- specified evidence
means evidence specified, or of a description specified, in regulations made by the Lord Chancellor.
- specified offence
means an offence which is specified, or of a description specified, in regulations made by the Lord Chancellor.
- statutory provision
has the same meaning as in the Interpretation Act (Northern Ireland) 1954 (see section 1(f) of that Act).
- the 1933 Act
means the Children and Young Persons Act 1933 (c. 12);
- the 1968 Act
means the Criminal Appeal Act 1968 (c. 19);
- the 1978 Act
means the Judicature (Northern Ireland) Act 1978 (c. 23);
- The 1980 Act
means the Magistrates' Courts Act 1980 (c. 43).
- the 1981 Act
means the Senior Courts Act 1981(c. 54);
- The 1990 Act
means the Courts and Legal Services Act 1990 (c. 41).
- the 1997 Act
means the Civil Procedure Act 1997 (c. 12). • “5 year magistrates' court qualification”;
- The 2000 Act
means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
- the abolition day
means the day appointed under section 110(1) for the coming into force of section 6(1) (abolition of magistrates' courts committees).
- the appointed day
means the day immediately before the abolition day,
- The civil service pension arrangements
means—
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
- The existing supplemental list
means the supplemental list having effect under the JPA 1997 immediately before section 12 comes into force.
- the fines officer
means any fines officer.
- the JPA 1997
means the Justices of the Peace Act 1997.
- The payment terms
means—
- The permitted period
means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the court security officer to draw the article to the attention of a constable.
- the prescribed hourly sum
means such sum as may be prescribed by regulations;
- the relevant court
has the same meaning as in Part 3 of this Schedule.
- the relevant date
means— a the date of the Court of Appeal’s decision, or b if later, the date on which the Court of Appeal gives reasons for its decision.”
- The relevant officer
means—
- The relevant period
means—
- the relevant sum
means the sum for which P is liable as mentioned in sub-paragraph (1), but excluding any pecuniary compensation, any pecuniary forfeiture or any sum due in respect of prosecution costs.
- The reserve terms
means terms of a description mentioned in paragraph 14(2) but which (subject to paragraphs 31, 32... and 39) are to have effect if the attachment of earnings order or application for benefit deductions fails.
- the Senior Courts
includes the district probate registries, and
- the sum due
means the sum adjudged to be paid as mentioned in paragraph 1(1), or (in a case where this Schedule applies as mentioned in paragraph 1(2)) the sum payable under a notice of conviction and penalty.
- Third party
means a person other than the transferor or the transferee.
- transmission
means any transmission by electronic means of a single image, a moving image or any sound (and “transmitted” is to be construed accordingly).
- TUPE
means the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794),
- Unclaimed article
means an article—
- wasted costs
means any costs incurred by a party— a as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or b which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay. 9 “Legal or other representative”, in relation to a party to proceedings means any person exercising a right of audience or right to conduct litigation on his behalf.”