The Greater London Magistrates' Courts Authority (Constitution) Regulations 1999

Exercise of default powers

18.—(1) Where the Lord Chancellor has ordered the chairman of the Authority to vacate his office in accordance with section 38(3)(b)(i) the Authority shall, at its next meeting, appoint a different chairman.

(2) Where a vacancy on the Authority occurs because the Lord Chancellor has—

(a) ordered a member who was a mayoral nominee to vacate his office in accordance with section 38(3)(b)(ii); or

(b) made an order under section 39B(2)(a) that a member who was a mayoral nominee cease to be a member of the Authority or cease to be a member for a specified period,

the Mayor shall give to the clerk to the selection panel the name of a different nominee to fill the vacancy.

(3) Where a vacancy on the Authority occurs because the Lord Chancellor has—

(a) ordered a member in the ALG category to vacate his office in accordance with section 38(3)(b)(ii); or

(b) made an order under section 39B(2)(a) that a member in the ALG category cease to be a member of the Authority or cease to be a member for a specified period,

the selection panel shall select a different representative of the ALG to fill the vacancy.

(4) Where a vacancy on the Authority occurs because the Lord Chancellor has—

(a) ordered the member in the DJMC category to vacate his office in accordance with section 38(3)(b)(ii); or

(b) made an order under section 39B(2)(a) that the member in the DJMC category cease to be a member of the Authority or cease to be a member for a specified period,

the selection panel shall select a different member in that category to fill the vacancy.

(5) Where a vacancy on the Authority occurs because the Lord Chancellor has—

(a) ordered a member in the magistrates' category to vacate his office in accordance with section 38(3)(b)(ii); or

(b) made an order under section 39B(2)(a) that a member in the magistrates' category cease to be a member of the Authority or cease to be a member for a specified period,

the selection panel may select a different member in that category to fill the vacancy, and shall do so if there would otherwise be less than 4 members in the magistrates' category.

(6) Where the Lord Chancellor makes an order under section 38(4)(b) providing that all members of the Authority are to vacate their office and that for a specified period the Authority is to consist of persons nominated by him—

(a) the Lord Chancellor shall notify the Mayor and the Mayor shall give the clerk to the selection panel the name of two different mayoral nominees; and

(b) the selection panel shall select the other replacement members of the Authority (who shall be different members from those being replaced),

to take office after the expiry of the period of office of the persons nominated by the Lord Chancellor.

(7) Subject to paragraph (8), regulation 12(5) shall apply—

(a) to a member of the Authority appointed to replace a member under paragraphs (2), (3), (4) and (5); and

(b) to a member of the Authority appointed under paragraph (6) as if each member were appointed in the place of an individual member of the Authority replaced by the Lord Chancellor.

(8) If the Lord Chancellor has made an order under section 39B(2)(a) that a member of the Authority cease to be a member for a specified period, the replacment member shall serve only for that specified period.

(9) Any period of office served by a member of the Authority as a nominee of the Lord Chancellor under section 38(4)(b) shall not count towards the maximum periods of service set out in regulations 9(2) and 11(4).

(10) A person who—

(a) has been ordered to vacate office as chairman or as a member of the Authority under section 38(3) or (4); or

(b) is the subject of an order under section 39B(2)(a) that he cease to be a member or cease to be a member for a specified term,

shall be deemed to have served for a full term as chairman or member of the Authority, as the case may be, for the purpose of calculating the maximum periods of service set out in regulations 9(2) and 11(4).

(11) Where the Lord Chancellor has made an order under section 39B(2)(a) that a member of the selection panel cease to be a member of the selection panel or cease to be a member for a specified period—

(a) if the order relates to a member nominated by the ALG, the ALG shall nominate a replacement;

(b) otherwise, the Authority may nominate a replacement, by notifying the clerk to the selection panel, but there is no obligation to do so unless the selection panel would otherwise be inquorate.

(12) Subject to paragraph (13), regulation 6(14) shall apply to a member of the selection panel appointed to replace a member under paragraph (11).

(13) If the Lord Chancellor made an order under section 39B(2)(a) that a member of the selection panel cease to be a member for a specified period, the replacement member shall serve only for that specified period.