The Local Justice Areas Order 2010

Article 4

SCHEDULE CONSEQUENTIAL AND TRANSITIONAL PROVISIONS

PART 1 PROVISIONS CONSEQUENTIAL ON CONSTITUTION OF NEW AREAS BY ARTICLE 3

1.—(1) The persons and bodies referred to in sub-paragraph (2) shall be appointed or elected for the new areas in the prescribed manner and for the prescribed term, to take office on 1st January 2011.

(2) The persons and bodies are-

(a) a chairman and one or more deputy chairmen;

(b) a Bench Training and Development Committee;

(c) a family panel;

(d) a youth panel.

(3) In sub-paragraph (1), the expressions “the prescribed manner” and “the prescribed term” mean respectively-

(a) in relation to the election of a chairman or deputy chairman, the manner prescribed by the Justices of the Peace (Size and Chairmanship of Bench) Rules 2005(1) and a term ending on 31st December 2011;

(b) in relation to the appointment of a member of a Bench Training and Development Committee, the manner prescribed by the Justices of the Peace (Training and Development Committee) Rules 2007(2) and a term ending for one third of the members on 31st December in the years 2011, 2012 and 2013 respectively;

(c) in relation to the appointment of a family panel, the manner prescribed by the Family Proceedings Courts (Constitution of Committees and Right to Preside) Rules 2007(3), and in relation to the chairman and deputy chairman or deputy chairmen of the family panel, a term ending on 31st December 2011;

(d) in relation to the appointment of a youth panel, the manner prescribed by the Youth Courts (Constitution of Committees and Right to Preside) Rules 2007(4), and in relation to the chairman and deputy chairman or deputy chairmen of the youth panel, a term ending on 31st December 2011.

(4) In this Part of this Schedule any reference to the manner prescribed by rules or regulations for any election or appointment shall not include provisions relating to dates, times or time limits.

2.—(1) The persons who will be justices for a new area may hold a meeting before 1st January 2011 for the purposes set out in this Part of the Schedule and in order to prepare to assume their functions on and after that date.

(2) If a meeting is held in accordance with sub-paragraph (1) it shall be treated as if it were a meeting of the justices for the new area for the purposes of the enactments cited in this Part of this Schedule despite the fact that the new area was not at that time in existence.

(3) The persons and bodies appointed or elected for a new area under paragraph 1(1) may hold one or more meetings after the conclusion of the process of appointment or election but before 1st January 2011 for the purpose of preparing to assume their functions on and after that date.

PART 2 OTHER THINGS DONE

3.  Subject to the provisions of this Schedule anything done before 1st January 2011 by, to, before or in relation to any justices for an existing area, their clerk or any other officer of the court, shall on or after that date, be deemed to have been done by, to, before or in relation to those justices, their clerk or any other officer of the court, as justices for the new area, their clerk or any other officer of the court, as the case may be.

(1)

S.I. 2005/553.

(2)

S.I. 2007/1609.

(3)

S.I. 2007/1610.

(4)

S.I. 2007/1611.