Textual Amendments
F1Heading inserted (27.9.1999) by 1999 c. 22, ss. 83(2), 108(3)(c) (with Sch. 14 para. 7(2))
(1)The Lord Chancellor may by statutory instrument make regulations requiring every magistrates’ courts committee, or every specified magistrates’ courts committee, to obtain for the performance of any function referred to in section 55(1) or 59A(1) above—
(a)specified goods or services; or
(b)goods or services of a specified description,
if he considers that it would be in the interests of the efficient and effective administration of magistrates’ courts generally for them to do so.
(2)Regulations made by virtue of subsection (1) above may include provision requiring magistrates’ courts committees to obtain the specified goods or services, or goods or services of the specified description—
(a)from a specified person or person of a specified description;
(b)at or by a specified time; or
(c)both from such a person and at or by such a time.
(3)A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F2S. 59E inserted (27.9.1999) by 1999 c. 22, ss. 84(2), 108(3)(c) (with Sch. 14 para. 7(2))
(1)Subject to paragraphs (a) and (b) of section 139 of the M1Magistrates Courts Act 1980 (which relates to the disposal of sums adjudged to be paid by a summary conviction) and to the following provisions of this section, there shall be paid to the Lord Chancellor—
(a)all fines imposed by a magistrates’ court and all sums which become payable by virtue of an order of such a court and are by any enactment made applicable as fines so imposed or any class or description of such fines; and
(b)all other sums received by a justices’ clerk by reason of his office except—
(i)sums to which a person other than the Lord Chancellor is by law entitled and which are paid to that person; and
(ii)sums paid into court in pursuance of orders under section 35 of the M2Powers of Criminal Courts Act 1973 (compensation orders).
(2)The sums payable to the Lord Chancellor by virtue of subsection (1)(a) above do not include—
(a)any sums which by or in pursuance of any provision in the enactments relating to those sums are directed to be paid to the Commissioners of Customs and Excise or to any officer of theirs or person appointed by them;
(b)any sums which by or in pursuance of any such provision are directed to be paid—
(i)to or for the benefit of the party aggrieved, party injured or a person described in similar terms; or
(ii)to or for the benefit of the family or relatives of a person described in any such terms or of a person dying in consequence of an act or event which constituted or was the occasion of an offence;
(c)any sums which by or in pursuance of any such provision are directed to be applied in making good any default or repairing any damage or paying or reimbursing any expenses (other than those of the prosecution); or
(d)any sums which are directed to be paid to any person by or in pursuance of any such provision referring in terms to awarding or reimbursing a loss, or to damages, compensation or satisfaction for loss, damage, injury or wrong.
(3)Paragraph (b) of subsection (1) above does not apply to sums received by a justices’ clerk on account of his salary or expenses as such; and any sum paid to the Lord Chancellor by virtue of that paragraph shall be paid to him subject to its being repaid to any person establishing his title to it.
(4)The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations as to the times at which, and the manner in which, justices’ clerks shall account for and pay the sums payable to him under this section, and as to the keeping, inspection and audit of accounts of justices’ clerks, whether for the purposes of this section or otherwise.
(5)For the purposes of this section anything done by the Crown Court on appeal from a magistrates’ court shall be treated as done by the magistrates’ court.
(6)In this section “fine” includes—
(a)any pecuniary penalty, pecuniary forfeiture or pecuniary compensation payable under a conviction; and
(b)any non-pecuniary forfeiture on conviction by, or under any order of, a magistrates’ court so far as the forfeiture is converted into or consists of money.
Modifications etc. (not altering text)
C1S. 60 modified (25.8.2000) by 2000 c. 6, ss. 140(6), 168(1)
Marginal Citations
Yn ddilys o 01/04/2001
The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations—
(a)as to the times at which, and the manner in which, a justices’ chief executive shall pay sums payable by him to the Lord Chancellor or any other person;
(b)requiring the keeping and production of accounts by justices’ chief executives in respect of sums received by them (apart from any received on account of their salaries or expenses as such) and for the inspection and audit of the accounts required to be kept; and
(c)requiring justices’ chief executives to use specified banking arrangements or facilities, or banking arrangements or facilities of a specified description, in relation to sums received by them (apart from any received on account of their salaries or expenses as such).]
Textual Amendments
F3S. 60A and sidenote inserted (1.4.2001) by 1999 c. 22, s. 91(3) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(iii) (subject to transitional provisions in Sch. 2 para. 2)
The Lord Chancellor may, if he thinks fit, pay to any person any money due to that person which he has not received because of the default of a justices’ clerk [F4, of a justices’ chief executive] or of any staff of a magistrates’ courts committee.
Textual Amendments
F4Words in s. 61 inserted (27.9.1999) by 1999 c. 22, s. 88(4) (with Sch. 14 para. 7(2))