The Magistrates' Courts Committees (Constitution) Regulations 1999

Selection panel

5.—(1) In this regulation “bench” means the justices assigned to a petty sessions area including–

(a) until section 78 of the 1999 Act comes into force, a stipendiary magistrate attached to a petty sessions areas; and

(b) after section 78 of the 1999 Act comes into force, a District Judge (Magistrates' Courts) for the area for which he is for the time being acting as a justice.

(2) The justices for each committee area shall, in accordance with this regulation, establish a selection panel, which shall be responsible for selecting the members of the committee for the area.

(3) The justices' chief executive shall act as clerk to the selection panel.

(4) The selection panel shall consist of–

(a) in the case of a committee area containing a single petty sessions area either–

(i) all the members of the bench, or

(ii) four representatives of the bench as the members think fit;

(b) in the case of a committee area containing two or three petty sessions areas, two representatives from each bench; and

(c) in the case of a committee area containing four or more petty sessions areas, one representative from each bench.

(5) In the case of the inner London area, the selection panel shall also include one representative from the family panel and one representative from the youth court panel for the area; and–

(a) until section 78 of the 1999 Act comes into force, the Chief Metropolitan Stipendiary Magistrate or any metropolitan stipendiary magistrate nominated by him; and

(b) after section 78 of the 1999 Act comes into force, the Senior District Judge (Chief Magistrate) or any District Judge (Magistrates' Courts) nominated by him.

(6) No justice shall be eligible for appointment to the selection panel if his name will be entered in the supplemental list before the expiry of the period for which he is appointed.

(7) When paragraph (4)(a)(ii), (b), or (c) applies, the representatives shall be appointed as each bench thinks fit, but–

(a) may only remain on the panel while remaining members of the bench; and

(b) may not be selected as members of the committee during the period of appointment.

(8) Subject to paragraph (13), a member of the selection panel shall be appointed for one year commencing on 1st January in each year and shall, subject to paragraphs (6) and (7), be eligible for reappointment.

(9) The names of the representatives from each bench shall be notified to the clerk to the selection panel by 31st December in each year.

(10) The members of the selection panel shall choose from amongst themselves a chairman who shall serve until the expiry of his period of appointment to the selection panel.

(11) A quorum of the selection panel shall be constituted by three members.

(12) If a casual vacancy on a selection panel arises, the name of a replacement representative from the bench that nominated the representative being replaced may be notified to the clerk to the selection panel, but there is no obligation to do this unless the selection panel would otherwise be inquorate.

(13) A replacement representative shall serve only for the remaining part of the period for which the representative he replaced was appointed.