Justices of the Peace Act 1997 (repealed)

Prospective

[F1 50 Pensions of employees of GLMCA. E+W

(1) The Lord Chancellor may, with the consent of the Minister for the Civil Service, make provision by order made by statutory instrument for section 1 of the M1 Superannuation Act 1972 (pensions of civil servants etc.) to apply to persons employed by the Greater London Magistrates’ Courts Authority (and may make such provision by amendment of that Act).

(2) An order under subsection (1) above may provide for the Authority to pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to such provision in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

(3) Where an order under subsection (1) above is made, the Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit—

(a) delegate to any person the function of administering a scheme made under section 1 of the Superannuation Act 1972, so far as relating to employees of the Authority; or

(b) authorise the exercise of that function (so far as so relating) by, or by employees of, any person.

(4) A person to whom the function of administering a scheme made under section 1 of the Superannuation Act 1972 is delegated under subsection (3)(a) above may, to such extent and subject to such conditions as he may determine, authorise the exercise of that function by, or by employees of, any person.

(5) Where a person is authorised under subsection (3)(b) or (4) above to exercise the function of administering a scheme made under section 1 of the M2 Superannuation Act 1972, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.

(6) Subsection (5) above does not apply for the purposes of—

(a) any criminal proceedings against the authorised person (or any employee of his); or

(b) any contract between him and the person who authorised him, so far as relating to the function.

(7) A statutory instrument containing an order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 S. 50 substituted (1.4.2001) by 1999 c. 22, s. 83, Sch. 12 paras. 9, 13 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(i) (subject to transitional provisions in Sch. 2 para. 2)

Marginal Citations

M1 1972 c.11.

M2 1972 c.11.

50 Pensions etc. of justices’ chief executive, justices’ clerks and staff in inner London area. E+W

(1) Schedule 3 to this Act (which re-enacts certain provisions relating to the functions of the Receiver for the Metropolitan Police District with respect to pensions etc. of court staff) shall have effect.

(2) The Lord Chancellor may by order make provision with respect to pensions, allowances or gratuities payable to or in respect of inner London court staff, or any class of inner London court staff.

(3) An order under subsection (2) above may—

(a) itself make provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the order, are to be or may be paid to or in respect of inner London court staff, or any class of inner London court staff; or

(b) provide that the civil service provisions are to have effect, with such modifications as may be prescribed by the order, in relation to the payment by such persons as may be so prescribed, out of such funds as may be so prescribed, of pensions, allowances and gratuities to or in respect of inner London court staff, or any class of inner London court staff.

(4) Without prejudice to the generality of subsections (2) and (3) above, an order under subsection (2)—

(a) may include all or any of the provisions referred to in paragraphs 1 to 11 of Schedule 3 to the M3 Superannuation Act 1972; and

(b) may make different provision as respects different classes of persons and different circumstances.

(5) Paragraphs 1 to 11 of Schedule 3 to the Superannuation Act 1972 shall have effect, in their application for the purposes of this section, as if references to regulations were references to an order under this section and references to the Secretary of State were references to the Lord Chancellor.

(6) Subsections (3) and (4) of section 7 of the M4 Superannuation Act 1972 (which relate to increases under the Pensions (Increase) Act 1971) shall have effect in relation to an order under subsection (2) above as they have effect in relation to regulations under that section.

(7) The Lord Chancellor may by order repeal or amend any of the relevant enactments, whether or not he makes provision under subsection (2) above.

(8) An order under subsection (2) or (7) above may make such consequential, transitional, incidental or supplemental provision (including provision amending or repealing any provision of this Act or any other enactment) as the Lord Chancellor thinks necessary or expedient.

(9) Before making an order under subsection (2) or (7) above the Lord Chancellor shall consult—

(a) the inner London magistrates’ courts committee;

(b) such local authorities as appear to him to be concerned;

(c) the Receiver for the Metropolitan Police District; and

(d) such representatives of other persons likely to be affected by the proposed order as appear to him to be appropriate.

(10) An order under subsection (2) or (7) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11) In this section—

• “the civil service provisions” has the meaning given by section 15(1) of the M5 Superannuation (Miscellaneous Provisions) Act 1967;

• “inner London court staff” means the justices’ chief executive employed by the inner London magistrates’ courts committee, any justices’ clerk for [F2 a petty sessions area which is included (wholly or partly) in]the inner London area and staff of the inner London magistrates’ courts committee;

• “the inner London magistrates’ courts committee” means the magistrates’ courts committee for an area consisting of or including the inner London area or, if there is no such committee, every magistrates’ courts committee for any area which consists of or includes any part of the inner London area; and

• “the relevant enactments” means—

  (a)

  Schedule 3 to this Act; and

  (b)

  section 15 of the M6 Superannuation (Miscellaneous Provisions) Act 1967 (superannuation of metropolitan civil staffs) so far as it relates to the persons mentioned in subsection (1)(a)(ii) of that section.

Textual Amendments

F2 Words in definition of “inner London court staff” inserted (27.9.1999) by 1999 c. 22, ss. 76, 108(3)(c), Sch. 10 paras. 47, 51 (with Sch. 14 paras. 7(2))

Marginal Citations

M3 1972 c. 11.

M4 1971 c. 56.

M5 1967 c. 28.

M6 1967 c. 28.