The Local Government (Magistrates' Courts etc.) Order 1985

Manner of election to and period of office etc

4.—(1) Where pursuant to Article 3 above an appointment is made to a body or committee mentioned in paragraph (2) of this Article (including an appointment of chairman of any such committee) or an election is held for the chairman or deputy chairman of the justices in a petty sessions area, the appointment or election shall be made or held in the prescribed manner and the person so appointed or elected shall hold the appointment or be the chairman or deputy chairman, as appropriate, for the prescribed period.

(2) In paragraph (1) above the expressions “the prescribed manner” and “the prescribed period” mean, respectively—

(a) in relation to the election of the chairman or deputy chairman of the justices in a petty sessions area, the manner prescribed by the Justices of the Peace (Size and Chairmanship of Bench) Rules 1964 but as if—

(i) the reference in Rule 4(5) of those Rules to the clerk to the justices for the petty sessions area were a reference to the clerk to the justices for any existing petty sessions area which, or part of which, is included in the petty sessions area for which the chairman or deputy chairman will act from 1st April 1986; and

(ii) the references in Rule 4(6), (8), (9) and (9A) of those Rules to the clerk to the justices were references to the clerk who prepared the ballot papers,

and a period ending on 31st December 1986;

(b) in relation to the appointment of members of the magistrates' courts committee for a petty sessions area and the appointment of the chairman of such a committee, the manner prescribed by the Magistrates' Courts Committees (Constitution) Regulations 1973(1) and, in the case of a member of the committee, a period ending on 30th November 1986 and, in the case of the chairman of the committee, a period until the first meeting of the committee held on or after 1st December 1986;

(c) in relation to the appointment of members of a juvenile court panel for a petty sessions area, the manner prescribed by the Juvenile Courts (Constitution) Rules 1954(2) and a period ending on 31st December 1988;

(d) in relation to the appointment of members of a licensing committee for a petty sessions area, the manner prescribed by Part I of Schedule I to the Licensing Act 1964 and a period ending on 31st December 1986;

(e) in relation to the appointment of a betting licensing committee for a petty sessions area, the manner prescribed by the Betting (Licensing) Regulations 1960 and a period ending on 31st December 1986;

(f) in relation to the appointment of members of a domestic court panel for a petty sessions area, the manner prescribed by the Domestic Courts (Constitution) Rules 1979 but as if the reference to the clerk to the justices in Rule 4(4) of those Rules were a reference to a clerk to the justices for any existing petty sessions area which, or part of which, is included in the petty sessions area for which the panel will act from 1st April 1986 and a period ending on 31st December 1986;

(g) in relation to the appointment of a probation liaison committee for a petty sessions area, the manner prescribed by rules made under Schedule 3 to the Powers of Criminal Courts Act 1973 and a period ending on 31st December 1986.

(3) For the purposes of making the appointments of members of the magistrates' courts committee of a petty sessions area in accordance with paragraph (1) of this Article, Regulation 2(1) of the Magistrates' Courts Committee (Constitution) Regulations 1973 shall have effect subject to the amendment made by Article 8 of and paragraph 5 of the Schedule to this Order.

(4) For the purposes of making the appointments of members of a licensing committee for a petty sessions area in accordance with paragraph (1) of this Article, section 2 of the Licensing Act 1964 shall have effect subject to the amendment made by Article 8 of and paragraph 2 of the Schedule to this Order and the amendment to the definition of “petty sessions area” made by section 12(11) of the 1985 Act.

(1)

, amended by S.I. 1980/1258.

(2)

, amended by S.I. 1976/1505, 1979/952 and 1983/675.