Lay justices to be appointed by Lord Chief JusticeU.K.
39(1)Section 10 of the Courts Act 2003 (justices of the peace who are not District Judges (Magistrates' Courts)) is amended as follows.U.K.
(2)In subsection (1) (Lord Chancellor's power of appointment) for “Lord Chancellor” substitute “ Lord Chief Justice ”.
(3)After that subsection insert—
“(1A)Subject to the following provisions of this section and to sections 11 to 15, a person appointed under subsection (1) is to hold and vacate office as a justice of the peace in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.”
(4)After subsection (2) insert—
“(2ZA)The Lord Chief Justice must ensure that arrangements for the exercise, so far as affecting any local justice area, of the function under subsection (1) include arrangements for consulting persons appearing to the Lord Chief Justice to have special knowledge of matters relevant to the exercise of that function in relation to that area.”
(5)In subsection (2A) (Lord Chancellor to ensure local consultation takes place in relation to the exercise of functions under subsections (1) and (2)) for “subsections (1) and” substitute “ subsection ”.
(6)After subsection (6) insert—
“(6A)The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under subsection (1).”
(7)In subsection (7) (delegation of Lord Chief Justice's functions) after “subsection (2)” insert “ , (2ZA) ”.
Commencement Information
I1Sch. 13 para. 39 in force at 1.10.2013 by S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)