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Courts Act 2003
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Changes over time for: Section 34
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Courts Act 2003, Section 34 is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 34:
- s. 75(6) inserted by 2022 c. 35 Sch. 4 para. 3(2)
- s. 81(6) inserted by 2022 c. 35 Sch. 4 para. 3(3)
- s. 85EA(5) words substituted by 2022 c. 32 Sch. 11 para. 29
- Sch. 5 para. 13(1)(ca) inserted by 2013 c. 22 s. 26(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 75(6) inserted by 2022 c. 35 Sch. 4 para. 3(2)
- s. 81(6) inserted by 2022 c. 35 Sch. 4 para. 3(3)
- s. 85EA(5) words substituted by 2022 c. 32 Sch. 11 para. 29
- Sch. 5 para. 13(1)(ca) inserted by 2013 c. 22 s. 26(3)
34Costs in legal proceedingsE+W
This section has no associated Explanatory Notes
(1)A court may not order a justice of the peace to pay costs in any proceedings in respect of what he does or omits to do in the execution (or purported execution) of his duty as a justice of the peace.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)But [F2subsection (1) does] not apply in relation to any proceedings in which a justice of the peace F3...—
(a)is being tried for an offence or is appealing against a conviction, or
(b)is proved to have acted in bad faith in respect of the matters giving rise to the proceedings.
(4)A court which is prevented by subsection (1) [F4from ordering a justice of the peace] to pay costs in any proceedings may instead order the Lord Chancellor to make a payment in respect of the costs of a person in the proceedings.
(5)The Lord Chancellor may [F5, after consulting the Lord Chief Justice,] make regulations specifying—
(a)circumstances in which a court must or must not exercise the power conferred on it by subsection (4), and
(b)how the amount of any payment ordered under subsection (4) is to be determined.
[F6(6)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]
Textual Amendments
F1S. 34(2) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 29(2); S.I. 2020/24, reg. 3(b)
F2Words in s. 34(3) substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 29(3)(a); S.I. 2020/24, reg. 3(b)
F3Words in s. 34(3) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 29(3)(b); S.I. 2020/24, reg. 3(b)
F4Words in s. 34(4) substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 29(4); S.I. 2020/24, reg. 3(b)
F5Words in s. 34(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 329(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)
F6S. 34(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 329(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)
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