Courts Act 1971

53 Administrative functions of justices.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 the following provisions of this section shall have effect with respect to certain administrative functions exercised by courts of quarter sessions and by members of such courts before the day appointed for the purposes of section 3 of this Act.

(2)(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(3)Visiting committees appointed as mentioned in subsection (1) of section 6 of the M1Prison Act 1952 (that is to say by courts of quarter sessions for counties and benches of magistrates for boroughs) shall be replaced by boards of visitors appointed under subsection (2) of that section, and accordingly the said section 6 and section 43(4) of the M2Prison Act 1952 (which relates to the application of certain provisions of that Act about prisons to remand centres, detention centres and Borstal institutions) shall be amended in accordance with Part II of Schedule 7 to this Act.

(4)For the purpose of replacing the references to courts of quarter sessions where they occur in the M3Licensing Act 1964 in relation to—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(b)the licensing planning committee for any licensing planning area that consists of or includes the metropolis, as defined in that Act,

the provisions of that Act specified in Part III of Schedule 7 to this Act shall be amended in accordance with that Part of that Schedule.

(5)In paragraph (b) of section 2(2) of the M4Police Act 1964 (one-third of police committee for a county police area to be magistrates for the county appointed by quarter sessions) for the words from “magistrates” in the first place where it occurs to the end of the paragraph there shall be substituted the words “appointed from among their own number by the magistrates for the county in accordance with a scheme made by the magistrates’ courts committee for, or for an area including, the county and approved by the Secretary of State”.

(6)Without prejudice to their effect on appointments made after the commencement of this Act, nothing in subsection (2), subsection (4) or subsection (5) above shall affect the membership of any probation and after-care committee, county compensation authority or police committee in existence at the commencement of this Act.

(7)The Secretary of State may by order made by statutory instrument make such amendments as appear to him to be expedient in consequence of the provisions of this Act in—

(a)any order [F5deemed to be made under paragraph 1 of Schedule 3 to the M5Powers of Criminal Courts Act 1973] (relating to combined probation and after-care areas), and

(b)any amalgamation scheme within the meaning of Part I of the M6Police Act 1964;

and an order under this subsection amending any such amalgamation scheme shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

Modifications etc. (not altering text)

C1The text of ss. 26(3)(4), 51(2), 53(5) and 56(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations