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

Regulation 2(a)

SCHEDULE 1 SELECTION CRITERIA

1.  The ability to think and plan strategically including—

(a) the ability to identify, analyse and evaluate all relevant matters in devising strategy; and

(b) the ability to identify and respond to, at a strategic level, the need for change.

2.  The ability to make and support collective decisions including the ability to argue points of view persuasively before a collective decision is reached.

3.  The ability to communicate effectively both orally and in writing.

The criteria specified in paragraphs 1, 2 and 3 must be demonstrated by reference to specific achievements.

4.  Awareness of the interests of minority ethnic communities and equal opportunity issues.

Regulation 3(1)

SCHEDULE 2 TRANSITIONAL PROVISIONS

Interpretation

1.  In this Schedule—

(a) “MCC” means magistrates' courts committee; and

(b) “the outer London SMB” means the Strategic Management Body representing MCCs in Greater London, other than the Inner London MCC and the City of London MCC.

Clerk designate

2.—(1) As soon as reasonably practicable after these Regulations come into force, and no later than 14th February 2000, the Inner London MCC, the City of London MCC and the outer London SMB (acting jointly) shall appoint a clerk designate for the Authority.

(2) The clerk designate (who may be the clerk to the selection panel appointed under paragraph 10) shall hold office until such time as the Authority appoints a person to be its justices' chief executive, and upon such appointment the office of clerk designate shall cease to exist.

(3) The clerk designate shall not be eligible for appointment as justices' chief executive to the Authority.

First selection panel

3.  The first selection panel appointed after these Regulations come into force shall take office for a term commencing on 31st December 1999 and ending on 31st December 2001, after which regulation 6(10) shall apply.

4.—(1) Members of the first selection panel shall be nominated by the following, in the following numbers:

(a) by the Inner London MCC, four members;

(b) by the City of London MCC, one member;

(c) by the outer London SMB, five members;

(d) by the ALG, one member.

(2) The members of the selection panel nominated under sub-paragraphs (1)(a) to (c) shall be either lay magistrates who are justices of the peace for a commission area in Greater London or District Judges (Magistrates' Courts) who are for the time being acting as justices of the peace in Greater London.

5.  The first selection panel shall consist of the members nominated under paragraph 4.

6.  The names of the nominees for the first selection panel shall be notified to the clerk to the selection panel by 31st December 1999.

7.—(1) The first selection panel shall decide and publish the date by which candidates for appointment as first members of the Authority (apart from mayoral nominees) must give written notice of candidature, and the other details specified in regulation 8, to the clerk to the first selection panel.

(2) The date to be decided under sub-paragraph (1) shall be no later than 14th January 2000.

8.—(1) The first selection panel shall select the first members of the Authority (apart from mayoral nominees) from those candidates whose written notice of candidature has been received by the date published under paragraph 7 and who meet the selection criteria.

(2) The first selection panel shall notify the candidates in writing of the result of the selection no later than 14th February 2000.

9.—(1) Subject to sub-paragraphs (2) and (3), if a casual vacancy on the first selection panel occurs, the Authority shall appoint a replacement.

(2) If the member to be replaced was nominated by the ALG, the replacement member shall also be nominated by the ALG.

(3) If the vacancy occurs before section 30A(1)(1) is in force, the replacement member shall be nominated by the body that nominated the member to be replaced.

10.  The Inner London MCC, the City of London MCC and the outer London SMB (acting jointly) shall by 14th December 1999 appoint a clerk to the selection panel and the clerk to the selection panel shall act as such until the Authority appoints a justices' chief executive.

Notice of candidature for first members of the Authority

11.  Candidates for appointment as first members of the Authority (apart from mayoral nominees) shall give written notice of candidature, and the other details specified in regulation 8, to the clerk to the first selection panel by the date published under paragraph 7.

Appointment of first chairman of the Authority

12.—(1) The Authority shall appoint a chairman at its first meeting after 1st March 2000.

(2) The chairman appointed under sub-paragraph (1) shall hold office until 31st March 2002, after which regulation 11 shall apply.

Regulation 10(2) and (3)

SCHEDULE 3 DATE OF TERMINATION OF OFFICE OF FIRST MEMBERS OF THE AUTHORITY

Column 1 Term of office to end on 31st March 2002	Column 2 Term of office to end on 31st March 2003	Column 3 Term of office to end on 31st March 2004
one member in the ALG category	one mayoral nominee	one mayoral nominee
one member in the DJMC category	one member in the ALG category	up to 4 members in the magistrates' category
up to 3 members in the magistrates' category	up to 3 members in the magistrates' category

Regulation 14(2)

SCHEDULE 4 RATES FOR TRAVELLING AND SUBSISTENCE ALLOWANCE

Travelling allowance

1.—(1) The rate for travel by public transport shall be the amount of the fare for the class in which the member chooses to travel, but, subject to sub-paragraph (2), shall not exceed the lowest available first class fare.

(2) The rate payable under sub-paragraph (1) shall, if the member so claims, be increased by expenditure incurred on reservation of a seat.

2.—(1) The rate for travel by taxi shall be—

(a) in cases of urgency or where no public transport is reasonably available, the amount of the fare and any reasonable gratuity paid; and

(b) in any other case, the amount of the fare for travel by the appropriate public transport.

(2) In this paragraph “taxi” means a hired motor car that carries passengers for a fare.

3.—(1) Subject to sub-paragraph (2), the rate for travel by a member’s own motor car and motor cycle shall be—

(a) for the use of a motor vehicle of cylinder capacity up to and including 1,100 cubic centimetres, 27.4p a mile;

(b) for the use of a motor vehicle of cylinder capacity of 1,101 cubic centimetres to 1,400 cubic centimetres, 36.8p a mile;

(c) for the use of a motor vehicle of cylinder capacity exceeding 1,401 cubic centimetres, 44.7p a mile.

(2) If a member exceeds 5,000 miles a year the rates in sub-paragraph (1) shall be 23.6p a mile.

(3) The appropriate rate specified in sub-paragraphs (1) and (2) shall, if the member so claims, be increased—

(a) in respect of the carriage of each passenger, not exceeding four, to whom a travelling allowance would otherwise be payable under any enactment by not more than 1p a mile; and

(b) by the amount of any reasonable expenditure incurred on tolls, ferries or parking fees.

4.  The rate for travel by bicycle shall be 6.9p a mile.

5.—(1) Subject to sub-paragraph (2), the rate for travel by air shall be the rate applicable to travel by the appropriate public transport together with an allowance equivalent to the amount of any saving in subsistence allowance consequent upon travel by air.

(2) The rate for travel by air shall not exceed the fare paid.

Subsistence allowance

6.—(1) The rate of subsistence allowance shall be—

(a) in the case of an absence, not involving an absence overnight, from the usual place of residence—

(i) of more than 4, but not more than 8 hours, £6.57;

(ii) of more than 8 but not more than 12 hours, £9.16;

(iii) of more than 12 hours, £17.29.

(b) in the case of an absence overnight from the usual place of residence, £77.43; or for such an absence overnight in Greater London, £88.31.

(2) Any rate determined under paragraph 6(1)(b) shall be deemed to cover a continuous period of absence of 24 hours.

7.  The rates specified in paragraph 6 shall be reduced by an appropriate amount in respect of any meal provided free of charge during the period to which the allowance relates.

8.—(1) Subject to sub-paragraph (3), when main meals (ie a full breakfast, lunch or dinner) are taken on trains during a period for which there is entitlement to subsistence allowance under paragraph 6(1)(a), the reasonable cost of the meals (including VAT), may be reimbursed in full, within the limits specified in sub-paragraph (2).

(2) The limitations of reimbursement are—

(a) absence of more than 4 but not more than 8 hours, the cost of 1 main meal;

(b) absence of more than 8 hours but not more than 12 hours, the cost of 2 main meals;

(c) absence of more than 12 hours, the cost of 3 main meals.

(3) Where the cost of meals taken on trains is reimbursed, the rate of subsistence allowance under paragraph 6(1)(a) for that period of duty shall not exceed the maximum payable if the period of absence from the usual place of residence were reduced by 4 hours in respect of each meal taken.

(1)

Section 30A(1) is inserted into the Justices of the Peace Act 1997 (c. 25) by section 83(1) of the Access to Justice Act 1999 (c. 22). That part of section 83(1) which inserts section 30A(1) into the Justices of the Peace Act 1997 comes into force on such day as the Lord Chancellor may by order appoint.