Sch. 8 Pt. I para. 19 partly in force at 1.4.1995; Sch. 8 Pt. I para. 19 not in force at Royal Assent, see s. 94(1); Sch. 8 Pt. I para. 19(1)(2) in force (3.2.1995) for certain purposes by S.I. 1995/42, {arts. 2, 3;} Sch. 8 Pt. I para. 19(1)(3) in force (1.4.1995) for certain purposes by S.I. 1995/685, arts. 4(l), 7 (with arts. 5, 6)
Section 12 of the 1979 Act (travelling, subsistence and financial loss allowances) shall be amended as follows.
in relation to the inner London area— the council of the inner London borough which is or includes the petty sessions area for which the justice acts, or where the justice acts for a petty sessions area which is partly included in two or more inner London boroughs, the councils of those boroughs;
Where by virtue of subsection (5)(b)(ii) above an allowance under this section is payable jointly by two or more inner London boroughs, the manner in which it is to be borne by each of them shall be determined by agreement between them or, in default of agreement, by the Lord Chancellor.
Section 17 (chairman and deputy chairmen of justices) shall be amended as follows.
Subsection (2) above shall not confer on any chairman or deputy chairman of the justices the right to preside in court if, under rules made under the next following section, he is ineligible to preside in court.
In section 18 (rules as to chairmanship and size of bench) in subsection (2)—
as to courses of instruction to be completed by justices before they may preside in court; as to the approval of justices, by committees of justices constituted in accordance with the rules, before they may preside in court, as to the justices who may be so approved and as to the courts to which the approval relates; and as to circumstances in which a justice may preside in court even though requirements imposed by virtue of paragraph (c) or (d) above are not satisfied in relation to him.
Section 19 (general provisions as to magistrates’ courts committees) shall be amended as follows.
Subsections (3) and (4) shall be omitted.
Section 23 (powers and duties of committee as to petty sessional divisions) shall be amended as follows.
In subsection (1)—
the words from “acting" to “boroughs" shall cease to have effect, and
Section 24 (procedure relating to section 23) shall be amended as follows).
In subsection (1)(a)—
the word “outer" shall be omitted, and
In subsection (2)—
the word “outer" shall be omitted, and
In subsection (5)—
the words “in a non-metropolitan county, metropolitan district or outer London borough" shall be omitted, and
Section 24A (alteration of names of petty sessions areas outside inner London area) shall be amended as follows.
In subsection (1) the words “for an area mentioned in section 19(2) above other than the City of London" shall be omitted.
Nothing in this section shall enable the name of the petty sessions area consisting of the City of London to be changed.
Section 26 (qualifications for appointment as justices’ clerk) shall be amended as follows.
In subsection (1) the words “of any class or description" and, in paragraph (a), the words from “and is within" to “that class or description" shall be omitted.
A person not having the qualification which is required by subsection (1)(a) above may be appointed as justices’ clerk if at the time of the appointment he is a barrister or solicitor and has served for not less than five years as assistant to a justices’ clerk.
Subsections (2), (4) and (5) shall be omitted.
Section 27 (conditions of service and staff of justices’ clerks) shall be amended as follows.
Subsections (1) to (5) and (7) and (9) shall be omitted.
A magistrates’ courts committee may employ staff on such terms as they think fit.
In section 28 (general powers and duties of justices’ clerks), in subsection (1A), paragraphs (b) and (c) shall be omitted.
In section 30 (person acting as substitute clerk to justices), in subsection (1) the words “outside the inner London area" shall be omitted.
The inner London magistrates’ courts committee shall appoint one or more justices’ clerks for the youth courts and family proceedings courts for the metropolitan area. Subsections (2) to (4), (5)(b), (6) and (7) of section 25 of this Act have effect in relation to any justices’ clerk appointed under subsection (1) above as they have effect in relation to a justices’ clerk for a petty sessions area, but with the substitution for any reference to the magistrates for a petty sessions area of a reference to the justices of the peace who are members of the youth court panel for the metropolitan area or (as the case may be) of a family panel for that area, other than any such justice whose name is for the time being entered on the supplemental list. In this section— “ “
Section 36 (petty sessional divisions in inner London area) and section 36A (alteration of names of petty sessions area in inner London area) shall be omitted.
Section 53 (indemnification of justices and justices’ clerks) shall be amended as follows.
Where there are two or more paying authorities in relation to any justice or justices’ clerk, any question as to the extent to which the funds required to indemnify him are to be provided by each authority shall be determined by agreement between those authorities and the magistrates’ courts committee concerned or, in default of such agreement, shall be determined by the Lord Chancellor.
In this section— “ “ “
Section 59 (grants by Lord Chancellor to responsible authorities) shall be amended as follows.
In subsection (1)—
of their functions under any regulations having effect by virtue of paragraph 13(1) of Schedule 1 to this Act; and
In this section— “ “
“ in relation to a commission area, means a justice of the peace for the commission area, other than a justice whose name is for the time being entered in the supplemental list, in relation to a part of a commission area, means a person who (in accordance with paragraph (a) of this definition) is a magistrate for that area and ordinarily acts in and for that part of it, and in relation to a magistrates’ courts committee area, means a person who (in accordance with paragraphs (a) and (b) of this definition) is a magistrate for that area or any part of that area; “