Regulation 21 Magistrates' courtsI1

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Subject to any other enactment authorising a F2District Judge (Magistrates' Courts) or other person to act by himself, a magistrates' court shall not under this Part hear a summons, entertain an application for a warrant or hold an inquiry as to means on such an application except when composed of at least two justices.

References to a justice of the peace in regulations 12(2) and 15(2) shall be construed subject to rule 3 of the Justices' Clerks Rules 1970^f1 (which authorises certain matters authorised to be done by a justice of the peace to be done by a justices' clerk).

In any proceedings under regulation 12 (application for liability order), regulation 15 (appeals in connection with distress) or regulation 16 (commitment to prison), a statement contained in a document constituting or forming part of a record compiled by the applicant authority F4or an authorised person shall be admissible as evidence of any fact stated in it of which direct oral evidence would be admissible.

In proceedings where the applicant authority F5or an authorised person desires to give a statement in evidence in accordance with paragraph (4), and the document containing that statement is produced by a computer, a certificate–

shall be admissible as evidence of anything which is stated in it to the best of the signatory’s information and belief

In paragraph (4) above, “statement” includes any representation of fact, whether made in words or otherwise; and the reference to an application under regulation 16 includes a reference to an application made in the circumstances mentioned in regulation 17(3).

In this regulation and in regulation 23(3), “authorised person” means any person authorised by a billing authority to exercise any functions relating to the collection and enforcement of non-domestic rates.