Magistrates’ Courts Act 1980

144 Rule committee and rules of procedure. E+W

(1) The Lord Chancellor may appoint a rule committee for magistrates’ courts, and may on the advice of or after consultation with the rule committee make rules for regulating and prescribing the procedure and practice to be followed in magistrates’ courts and by justices’ clerks.

(2) The rule committee shall consist of the Lord Chief Justice, the President of the Family Division of the High Court, the chief metropolitan stipendiary magistrate and such number of other persons appointed by the Lord Chancellor as he may determine.

(3) Among the members of the committee appointed by the Lord Chancellor there shall be at least

[F1 (a) one justices’ clerk;

(b) one person who has a Supreme Court qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and

(c) one person who has been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Supreme Court.]

(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.

Textual Amendments

F1 S. 144(3)(a)(b)(c) substituted for words from “one justice's clerk" to the end by Courts and Legal Services Act 1990 (c. 41, SIF 37, 82), s. 125(3), Sch. 18 para. 25(7)(a)

Modifications etc. (not altering text)

C1 S. 144 extended by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 48 (as amended by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(1), Sch. 7 para. 151)

C2 S. 144 extended by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 28, 123(6), Sch. 2 para. 4(c), Sch. 8 para. 16

C3 S. 144 extended (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 82), s. 10(2); S.I. 1991/1364, art. 2,Sch.

C4 S. 144 extended by Extradition Act 1989 (c. 33, SIF 48), ss. 1(3), 7(3), 14(2), Sch. 1 para. 9(2)

C5 S. 144 extended (prosp.) by Crimninal Justice Act 1988 (c. 33, SIF 39:1), ss. 29(5)(c), 171(1) (with s. 123(6), Sch. 8 para. 16) (which s. 29 was repealed (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5), s. 31(3), Sch. 5); S.I. 1991/1072, art. 2(a), Part I, Appendix B)