Access to Justice Act 1999

98 Justices and clerks: immunity from costs. U.K.

(1) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In the M1 Magistrates’ Courts (Northern Ireland) Order 1981, after Article 6 insert—

“6A “Costs in legal proceedings

(1) A court may not order any resident magistrate, justice of the peace or clerk of petty sessions to pay costs in any proceedings in respect of any act or omission of his in the execution (or purported execution) of his duty—

(a) as such a magistrate or justice; or

(b) as such a clerk exercising, by virtue of any statutory provision, any of the functions of a magistrates’ court.

(2) Paragraph (1) does not apply in relation to—

(a) any proceedings in which a resident magistrate, justice of the peace or clerk of petty sessions is being tried for an offence or is appealing against a conviction; or

(b) any proceedings in which it is proved that a resident magistrate, justice of the peace or clerk of petty sessions acted in bad faith in respect of the matters giving rise to the proceedings.

(3) Where a court is prevented by paragraph (1) from ordering a resident magistrate, justice of the peace or clerk of petty sessions to pay costs in any proceedings, the court may instead order the making by the Lord Chancellor of a payment in respect of the costs of a person in the proceedings.

(4) The Lord Chancellor may by regulations specify—

(a) circumstances when a court shall or shall not exercise the power conferred on it by paragraph (3); and

(b) how the amount of any payment ordered under that paragraph is to be determined.

(5) Regulations under paragraph (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the M2 Statutory Instruments Act 1946 shall apply accordingly.”

(3) In—

(a) Article 145A of the M3 Magistrates’ Courts (Northern Ireland) Order 1981 (county court judge hearing certain appeals to be treated like resident magistrate in relation to immunity), F2 . . .

(b) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

after “6” insert “ , 6A ”.

Textual Amendments

F1 S. 98(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)

F2 S. 98(3)(b) and preceding word repealed (1.4.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 86, 87, Sch. 13; S.R. 2005/109, art. 2, Sch.

Marginal Citations

M1 S.I. 1981/1765 (N.I.26).

M2 1946 c.36.

M3 S.I. 1981/1675 (N.I.26).