Page:Magistrates’ Courts Act 1980.pdf/92

84c. 43

(4) The power to make rules conferred by this section shall be exercisable by statutory instrument which shall be subject to annulment by resolution of either House of Parliament.

(5) In this section the expression “justices’ clerk” means a clerk to the justices for a petty sessions area.

145.—(1) The power to make rules conferred by section 144 above shall, without prejudice to the generality of subsection (1) of that section, include power to make provision—
 * (a) as to the practice and procedure of justices in exercising functions preliminary or incidental to proceedings before a magistrates’ court;
 * (b) as to the service and execution of process issued by or for the purposes of a magistrates’ court, including the service and execution in England and Wales of process issued in other parts of the United Kingdom;
 * (c) as to the keeping of records of proceedings before magistrates’ courts and the manner in which things done in the course of, or as preliminary or incidental to, any such proceedings, or any proceedings on appeal from a magistrates’ court to the Crown Court, may be proved in any legal proceedings;
 * (d) as to the extent to which a justices’ clerk may engage in practice as a solicitor or barrister;
 * (e) as to the functions of officers of the Crown Court for the purposes of securing the attendance at a trial on indictment of persons in respect of whom conditional witness orders, or orders treated as conditional witness orders, have been made under section 1 of the Criminal Procedure (Attendance of Witnesses) Act 1965;
 * (f) as to the furnishing by any person having custody of the depositions of copies thereof, and of copies of the information if it is in writing, to a person committed for trial;
 * (g) as to what magistrates’ court shall have jurisdiction to hear any complaint;
 * (h) as to the matters additional to those specified in section 53 above on complaint for which a magistrates’ court shall have power to make an order with the consent of the defendant without hearing evidence;
 * (i) as to any other matters as to which immediately before the coming into force of section 15 of the Justices of the Peace Act 1949 provision was or could have been made by virtue of the enactments and parts of enactments repealed by Part II of Schedule 7 to the said Act of 1949.