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Statute Law Repeals - Law Commission - Ministry of Justice

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PART 5<br />

LOCAL COURTS AND ADMINISTRATION OF<br />

JUSTICE<br />

INTRODUCTION<br />

5.1 This section <strong>of</strong> the report proposes the repeal <strong>of</strong> 25 Acts (two in part only) relating<br />

to court houses and judges’ lodgings sited in various counties in the United<br />

Kingdom and Ireland. Most <strong>of</strong> the Acts recited here had only local application.<br />

Additionally - as part <strong>of</strong> the wider administration <strong>of</strong> justice theme - repeals are<br />

proposed for a small number <strong>of</strong> Acts dealing with qualification <strong>of</strong> solicitors and<br />

application for appointment to the rank <strong>of</strong> Queen’s Counsel. The individuals and<br />

organisations consulted about these proposals are set out in Appendix 3.<br />

LOCAL COURTS<br />

5.2 The courts Acts fall broadly into two categories:<br />

(1) those statutes which authorised the construction <strong>of</strong> court houses<br />

or judges’ lodgings and subsequently became spent or otherwise<br />

obsolete because their purpose had been fulfilled (for example,<br />

because the buildings had been built, or they had ceased to be<br />

needed for their original use);<br />

(2) statutes extending the jurisdiction <strong>of</strong> local courts <strong>of</strong> requests<br />

which operated in one guise or another for small debt matters<br />

from 1483 through to 1846 (at which point their jurisdiction was<br />

taken over by the new county courts). 1<br />

1 Fuller background on each <strong>of</strong> the statutes discussed in this part is to be found in the <strong>Law</strong><br />

<strong>Commission</strong>’s <strong>Statute</strong> <strong>Law</strong> <strong>Repeals</strong> Consultation Paper: Courts and Administration <strong>of</strong><br />

<strong>Justice</strong> (SLR 04/09) published in October 2009 and available on the <strong>Law</strong> <strong>Commission</strong>’s<br />

website.<br />

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