Justices of the Peace Act 1979 (repealed 19.6.1997)

Changes over time for: Justices of the Peace Act 1979 (repealed 19.6.1997) (without Schedules)

Version Superseded: 19/06/1997

Status:

Point in time view as at 22/08/1996.

Changes to legislation:

There are currently no known outstanding effects for the Justices of the Peace Act 1979 (repealed 19.6.1997).

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part IE+W General

Areas and commissions of the peaceE+W

1 Commission areas.E+W

[F1Subject to any order made under section 17 of the Local Government Act 1992,][F2or section 55 of the Local Government (Wales) Act 1994] there shall in England and Wales be a commission of the peace for the following areas F3. . ., that is to say—

[F4(a)every metropolitan county or relevant area in England;]

[F5(aa)every preserved county in Wales;]

(b)every London commission area; and

(c)the City of London.

[F6and in this Act “commission area” means an area for which there is a commission of the peace.]

Textual Amendments

F1Words in s. 1 inserted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(1)(a)

F2Words in s. 1 inserted (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. I, para. 1(1)

F3Words in s. 1 repealed (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(1)(b)

F4S. 1(a) substituted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(1)(c)

F5S. 1(aa) inserted (1.4.1996) by 1994 c. 19, s. 1(3), Sch. 2 para. 10(1); S.I. 1995/3198, art. 3, Sch.1

F6Words in s. 1 inserted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(1)(d)

Modifications etc. (not altering text)

C1Power to amend s. 1 conferred (5.7.1994) by 1994 c. 19, s. 55(3)(a)

2 London commission areas.E+W

(1)Subject to the provisions of section 3 of this Act, the following areas of Greater London, that is to say—

(a)an area to be known as the “inner London area”, consisting of the inner London boroughs;

(b)an area to be known as the “north-east London area”, consisting of the London boroughs of Barking, Havering, Newham, Redbridge and Waltham Forest;

(c)an area to be known as the “south-east London area”, consisting of the London boroughs of Bexley, Bromley and Croydon;

(d)an area to be known as the “south-west London area”, consisting of the London boroughs of Kingston upon Thames, Merton, Richmond upon Thames and Sutton; and

(e)an area to be known as the “Middlesex area”, consisting of the London boroughs of Barnet, Brent, Ealing, Enfield, Haringey, Harrow, Hillingdon and Hounslow.

are in this Act referred to as “London commission areas”, and the areas specified in paragraphs (b) and (e) above are in this Act referred to as the “outer London areas”.

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7S. 2(2)(3) repealed by Local Government Act 1985 (c.51, SIF 81:1), s. 102, Sch. 17

3 Power to adjust London commission areas.E+W

(1)Her Majesty may by Order in Council substitute for any one or more of the areas specified in section 2(1) above any other area or areas comprising the whole or part of Greater London, or alter the boundaries of any area so specified; but the City of London shall not by virtue of any such Order be included in a London commission area.

(2)An Order in Council made under this section may contain such incidental, consequential, transitional or supplementary provisions as may be necessary or expedient for the purposes of the Order (including provisions amending this Act or any other enactment).

(3)Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4 Petty sessions areas.E+W

(1)The following areas outside Greater London are petty sessions areas, that is to say—

(a)every non-metropolitan county which is not divided into petty sessional divisions;

(b)every petty sessional division of a non-metropolitan county;

(c)every metropolitan district which is not divided into petty sessional divisions; and

(d)every petty sessional division of a metropolitan district.

[F8(1A)In subsection (1) above, any reference to a non-metropolitan county is to be construed [F9, in relation to England, as a reference to a relevant area and], in relation to Wales, as a reference to a preserved county.]

(2)In the following provisions of this Act “petty sessions area” means any of the following, that is to say—

(a)any of the areas outside Greater London specified in subsection (1) above;

[F10(b)the inner London area if it is not divided into petty sessional divisions;

(c)any petty sessional division of the inner London area;

(d)any outer London borough which is not divided into petty sessional divisions;

(e)any petty sessional division of an outer London borough; and

(f)the City of London.]

Textual Amendments

F8S. 4(1A) inserted (1.4.1996) by 1994 c. 19, s. 1(3), Sch. 2 para. 10(2); S.I. 1995/3198, art. 3, Sch.1

F9Words in s. 4(1A) inserted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(2)

F10S. 4(2)(b)–(f) substituted for paras. (b)-(d) by Local Government Act 1985 (c.51, SIF 81:1), s. 12(2)

Modifications etc. (not altering text)

C2Power to amend s. 4 conferred (5.7.1994) by 1994 c. 19, s. 55(3)(b).

5 General form of commissions of the peace. E+W

(1)The commission of the peace for any commission area shall be a commission under the Great Seal addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for the commission area.

(2)A commission of the peace issued after the commencement of this Act shall be framed so as to take account of the abolition of courts of quarter sessions by section 3 of the M1Courts Act 1971.

Modifications etc. (not altering text)

C3S. 5 excluded by Social Security Act 1986 (c.50, SIF 113:1), s. 25(3)

Marginal Citations

M11971 c. 23.

Justices other than stipendiary magistratesE+W

6 Appointment and removal of justices of the peace.E+W

(1)Subject to the following provisions of this Act, justices of the peace for any commission area shall be appointed [F11by the Lord Chancellor by instrument on behalf and in the name of Her Majesty], and a justice so appointed may be removed from office in like manner.

(2)The preceding subsection does not apply to stipendiary magistrates and shall be without prejudice to the position of the Lord Mayor and aldermen as justices for the City of London by virtue of the charters of the City.

Textual Amendments

F11Words substituted by Administration of Justice Act 1982 (c.53, SIF 37), s. 65

7 Residence qualification.E+W

(1)Subject to the provisions of this section, a person shall not be appointed as a justice of the peace for a commission area in accordance with section 6 of this Act, nor act as a justice of the peace by virtue of any such appointment, unless he resides in or within fifteen miles of that area.

(2)If the Lord Chancellor is of opinion that it is in the public interest for a person to act as a justice of the peace for a particular area though not qualified to do so under subsection (1) above, he may direct that, so long as any conditions specified in the direction are satisfied, that subsection shall not apply in relation to that person’s appointment as a justice of the peace for the area so specified.

(3)Where a person appointed as a justice of the peace for a commission area in accordance with section 6 of this Act is not qualified under the preceding provisions of this section to act by virtue of the appointment, he shall be removed from office as a justice of the peace in accordance with section 6 of this Act if the Lord Chancellor is of opinion that the appointment ought not to continue having regard to the probable duration and other circumstances of the want of qualification.

(4)No act or appointment shall be invalidated by reason only of the disqualification or want of qualification under this section of the person acting or appointed.

8 Supplemental list for England and Wales.E+W

(1)There shall be kept in the office of the Clerk of the Crown in Chancery a supplemental list for England and Wales as provided for by this Act (in this Act referred to as “the supplemental list”).

(2)Subject to the following provisions of this section, there shall be entered in the supplemental list—

(a)the name of any justice of the peace who is of the age of 70 years or over and neither holds nor has held high judicial office within the meaning of the M2Appellate Jurisdiction Act 1876, and

(b)the name of any justice of the peace who holds or has held such office and is of the age of 75 years or over.

(3)A person who on the date when his name falls to be entered in the supplemental list in accordance with subsection (2) above holds office as chairman of the justices in a petty sessions area (whether by an election made, or having effect as if made, under section 17 of this Act, or, in the City of London, as Chief Magistrate or acting Chief Magistrate) shall have his name so entered on the expiry or sooner determination of the term for which he holds office on that date.

(4)The Lord Chancellor may direct that the name of a justice of the peace for any area shall be entered in the supplemental list if the Lord Chancellor is satisfied either—

(a)that by reason of the justice’s age or infirmity or other like cause it is expedient that he should cease to exercise judicial functions as a justice for that area, or

(b)that the justice declines or neglects to take a proper part in the exercise of those functions.

(5)On a person’s appointment as a justice of the peace for any area the Lord Chancellor may direct that his name shall be entered in the supplemental list, if that person is appointed a justice for that area on ceasing to be a justice for some other area.

(6)The name of a justice of the peace shall be entered in the supplemental list if he applies for it to be so entered and the application is approved by the Lord Chancellor.

(7)Nothing in this section shall apply to a person holding office as stipendiary magistrate.

Marginal Citations

M21876 c. 59.

9 Removal of name from supplemental list.E+W

(1)A person’s name shall be removed from the supplemental list if he ceases to be a justice of the peace.

(2)The name of any person, if not required to be entered in the supplemental list by subsection (2) or subsection (3) of section 8 of this Act, shall be removed from the list if so directed by the Lord Chancellor.

10 Effect of entry of name in supplemental list.E+W

(1)Subject to the following subsections, a justice of the peace for any area, while his name is entered in the supplemental list, shall not by reason of being a justice for that area be qualified as a justice to do any act or to be a member of any committee or other body.

(2)Subsection (1) above shall not preclude a justice from doing all or any of the following acts as a justice, that is to say—

(a)signing any document for the purpose of authenticating another person’s signature;

(b)taking and authenticating by his signature any written declaration not made on oath; and

(c)giving a certificate of facts within his knowledge or of his opinion as to any matter.

(3)The entry of a person’s name in the supplemental list shall also not preclude him, if so authorised by the Lord Chancellor, from acting as a judge of the Crown Court so long as he has not attained the age of 72 years.

(4)No act or appointment shall be invalidated by reason of the disqualification under this section of the person acting or appointed.

11 Records of justices of the peace.E+W

(1)In each commission area, other than the City of London, such one of the justices as may be designated by the Lord Chancellor shall be keeper of the rolls.

(2)There shall be transmitted to the keeper of the rolls for each commission area, and be enrolled in the records of the justices for that area, a copy of any instrument appointing or removing a justice of the peace in that area in accordance with section 6 of this Act; and the keeper of the rolls shall be notified, in such manner as the Lord Chancellor may direct, of any resignation or death of a justice so appointed, and shall cause to be kept, and from time to time rectified, a record of those for the time being holding office by virtue of any such appointment.

(3)There shall be kept in the office of the Clerk of the Crown in Chancery a record of all persons for the time being holding office as justices of the peace by virtue of appointments made in accordance with section 6 of this Act, together with the instruments of appointment or removal.

12 Travelling, subsistence and financial loss allowances.E+W

(1)Subject to the provisions of this section, a justice of the peace shall be entitled—

(a)to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any of his duties as a justice, and

(b)to receive payments by way of financial loss allowance where for that performance there is incurred by him any other expenditure to which he would not otherwise be subject or there is suffered by him any loss of earnings or of benefit under the enactments relating to social security which he would otherwise have made or received.

(2)For the purposes of this section, a justice following a course of instruction under a scheme made in accordance with arrangements approved by the Lord Chancellor, or a course of instruction provided by the Lord Chancellor, shall be deemed to be acting in the performance of his duties as a justice.

(3)A justice shall not be entitled to any payment under this section in respect of any duties, if in respect of those duties a payment of the like nature may be paid to him under arrangements made apart from this section or if regulations provide that this section shall not apply; and a stipendiary magistrate shall not be entitled to any payment under this section in respect of his duties as such.

(4)Allowances payable under this section shall be paid at rates determined by the [F12Lord Chancellor] with the consent of the Minister for the Civil Service.

(5)An allowance payable under this section in respect of duties as a justice in the Crown Court shall be paid by the Lord Chancellor; and an allowance otherwise payable under this section to a justice for any commission area in respect of his duties as such shall be paid by the appropriate authority in relation to that area, that is to say—

(a)in relation to the City of London, the Common Council;

(b)in relation to the inner London area, the Reciever;

(c)in relation to any of the outer London areas, [F13the council of the outer London borough which is or includes the petty sessions area for which the justice acts];

F14(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(d)in relation to a commission area in Wales—

(i)the council of the county or county borough which is or includes the petty sessions area for which the justice acts, or

(ii)where the justice acts for a petty sessions area which is partly included in two or more counties or county boroughs, the councils of those counties and county boroughs.]

(e)in relation to a metropolitan county, the council of the metropolitan district which is or includes the petty sessions area for which the justice acts.

[F16(f)in relation to any other commission area—

(i)the council of the county or unitary district which is or includes the petty sessions area for which the justice acts, or

(ii)where the justice acts for a petty sessions area which is partly included in two or more counties or unitary districts, the councils of those counties and unitary districts;]

(6)Regulations may make provision as to the manner in which this section is to be administered, and in particular—

(a)for prescribing the forms to be used and the particulars to be provided for the purpose of claiming payment of allowances; and

(b)for avoiding duplication between payments under this section and under other arrangements where expenditure is incurred for more than one purpose, and otherwise for preventing abuses.

(7)Regulations for the purposes of this section shall be made by the [F12Lord Chancellor] by statutory instrument, F17. . .

Textual Amendments

F12Words in s. 12(4)(7) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F13Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(3)

F14S. 12(5)(d) repealed (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(3)(a)

F15S. 12(5)(d) inserted (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. I para. 1(2)

F16S. 12(5)(f) inserted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(3)(b)

F17Words in s. 12(7) repealed (1.11.1994) by 1994 c. 29, s. 93, Sch. 9 Pt. II; S.I. 1994/2594, art. 7

Stipendiary magistrates other than metropolitan stipendiary magistratesE+W

13 Appointment and removal of stipendiary magistrates.E+W

(1)It shall be lawful for Her Majesty to appoint a [F18person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990,]to be, during Her Majesty’s pleasure, a whole-time stipendiary magistrate in any commission area or areas outside the inner London area and the City of London, and to appoint more than one such magistrate in the same area or areas.

(2)A person so appointed to be a magistrate in any commission area shall by virtue of his office be a justice of the peace for that area.

(3)Any appointment of a stipendiary magistrate under this section shall be of a person recommended to Her Majesty by the Lord Chancellor, and a stipendiary magistrate appointed under this section shall not be removed from office except on the Lord Chancellor’s recommendation.

(4)The number of stipendiary magistrates appointed under this section shall not at any time exceed forty or such larger number as Her Majesty may from time to time by Order in Council specify.

(5)Her Majesty shall not be recommended to make an Order in Council under subsection (4) above unless a draft of the Order has been laid before Parliament and approved by resolution of each House.

Textual Amendments

F18Words substituted by Courts and Legal Services Act 1990 (c.41, SIF 37), s. 71(2), Sch. 10 para. 44(1)

[F1914 Retirement of stipendiary magistrates.E+W

(1A)A stipendiary magistrate appointed after the coming into force of section 26 of the Judicial Pensions and Retirement Act 1993 shall vacate his office on the day on which he attains the age of 70.]

(1)A stipendiary magistrate appointed on or after the 25th October 1968 [F20and before the coming into force of section 26 of the Judicial Pensions and Retirement Act 1993] shall vacate his office at the end of the completed year of service in the course of which he attains the age of 70:

F21. . .

F22(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23(3)Subsections (1A) and (1) above are subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).]

Textual Amendments

F19S. 14(1A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 19(2); S.I. 1995/631, art.2.

F20Words in s. 14(1) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 19(3)(a); S.I. 1995/631, art.2.

F21Proviso in s. 14(1) repealed (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 19(3)(b), Sch.9; S.I. 1995/631, art.2.

F22S. 14(2) repealed (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 19(4), Sch.9; S.I. 1995/631, art.2.

F23S. 14(3) added (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 19(5); S.I. 1995/631, art.2.

15 Acting stipendiary magistrate.E+W

(1)Where it appears to the Lord Chancellor that it is expedient to do so in order to avoid delays in the administration of justice in any commission area in which a stipendiary magistrate can be appointed under section 13 of this Act, the Lord Chancellor—

(a)may authorise any person qualified to be so appointed to act as a stipendiary magistrate in that area during such period (not exceeding three months at one time) as the Lord Chancellor thinks fit, or

(b)may require so to act any stipendiary magistrate appointed under that section in another commission area.

(2)While acting as a stipendiary magistrate in any commission area under subsection (1) above, a person shall have the same jurisdiction, powers and duties as if he had been appointed stipendiary magistrate in that area and were a justice of the peace for that area.

[F24(2A)Sections 44, 45 and 53 of this Act shall apply to a person acting as a stipendiary magistrate under subsection (1) as they apply to a stipendiary magistrate.]

(3)The Lord Chancellor may, out of moneys provided by Parliament, pay to any person authorised to act under this section, not being a stipendiary magistrate, such remuneration as he may, with the approval of the Minister for the Civil Service, determine.

Textual Amendments

F24S. 15(2A)inserted by Courts and Legal Services Act 1990 (c.41, SIF 76:1), ss. 108(4), 125(6), Sch. 19 para. 16

16 Place of sitting and powers of stipendiary magistrates.E+W

(1)Subject to subsection (5) below, nothing in [F25the Magistrates’ Courts Act 1980]requiring a magistrates’ court to be composed of two or more justices, or to sit in a petty sessional court-house or an occasional court-house, or limiting the powers of a magistrates’ court composed of a single justice, or when sitting elsewhere than in a petty sessional court-house, shall apply to any stipendiary magistrate sitting in a place appointed for the purpose.

(2)A stipendiary magistrate appointed under section 13 of this Act in any commission area shall sit at such court houses in the area, on such days and at such times as may be determined by, or in accordance with, directions given by the Lord Chancellor from time to time.

(3)Subject to subsection (5) below, a stipendiary magistrate so appointed, sitting at a place appointed for the purpose, shall have power to do any act, and to exercise alone any jurisdiction, which can be done or exercised by two justices under any law, other than any law made after the 2nd August 1858 which contains an express provision to the contrary; and all the provisions of any Act which are auxiliary to the jurisdiction exercisable by two justices of the peace shall apply also to the jurisdiction of such a stipendiary magistrate.

(4)Subsection (3) above shall apply to cases where the act or jurisdiction in question is expressly required to be done or exercised by justices sitting or acting in petty sessions as it applies to other cases; and any enactment authorising or requiring persons to be summoned or to appear at petty sessions shall in the like cases authorise or require persons to be summoned or to appear before such a stipendiary magistrate at the place appointed for his sitting.

(5)Nothing in this section shall apply to the hearing or determination of [F26family proceedings]within the meaning of [F27section 65 of the Magistrates’ Courts Act 1980]; and nothing in subsection (3) above shall apply to any act or jurisdiction relating to the grant or transfer of any licence.

Textual Amendments

F25Words in s. 16(1) substituted by Magistrate's Courts Act 1980 (c. 43, SIF 82), s. 154(1), Sch. 7 para. 191(a)

F26Words in s. 16(5) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92(11), 108(6), Sch. 11 Pt. II para. 7(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F27Words in s. 16(5) substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(1), Sch. 7 para. 191(b)

Part IIE+W Organisation of Functions of Justices

Modifications etc. (not altering text)

C4Pt. II (ss. 17-30) extended (1.11.1994 for specified purposes and 1.4.1995 for all remaining purposes) by 1994 c. 29, s. 79(2)(6); S.I. 1994/2594, art. 4; S.I. 1995/685, art. 3.

General provisionsE+W

17 Chairman and deputy chairmen of justices.E+W

(1)In any petty sessions area there shall be a chairman and one or more deputy chairmen of the justices chosen from amongst themselves by the magistrates for the area [F28; and any contested election for the purposes of this section shall be held] by secret ballot.

(2)Subject to [F29subsections (2A) and (3)] below, if the chairman or a deputy chairman of the justices for a petty sessions area is present at a meeting of those justices, he shall preside unless he requests another justice to preside in accordance with rules made under the next following section.

[F30(2A)Subsection (2) above shall not confer on any chairman or deputy chairman of the justices the right to preside in court if, under rules made under the next following section, he is ineligible to preside in court.]

(3)Subsection (2) above shall not confer on the chairman and deputy chairmen of the justices as such any right to preside in a juvenile or [F31family proceedings court] or at meetings of a committee or other body of justices having its own chairman, or at meetings when any stipendiary magistrate is engaged as such in administering justice.

Textual Amendments

F28Words in s. 17(1) inserted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 2(2); S.I. 1994/2594, art.6

F29Words in s. 17(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 2(3); S.I. 1994/2594, art.6

F30S. 17(2A) inserted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 2(4); S.I. 1994/2594, art.6

F31Words in S. 17(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92(11), 108(6), Sch. 11 Pt. II para. 7(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C5S. 17(2) restricted by S.I. 1990/1554, rule 12

18 Rules as to chairmanship and size of bench.E+W

(1)The number of justices (other than metropolitan stipendiary magistrates) sitting to deal with a case as a magistrates’ court shall not be greater than the number prescribed by rules made under this section.

(2)Rules made under this section may make provision as to the manner in which section 17 of this Act and this section are to be administered, and in particular—

(a)as to the arrangements to be made for securing the presence on the bench of enough, but not more than enough, justices;

(b)as to the term of office and the procedure at an election of the chairman or a deputy chairman of the justices in a petty sessions area [F32(including any procedure for nominating candidates at any such election)], and the number of deputy chairmen to be elected in any such area; F33. . .

[F34(c)as to courses of instruction to be completed by justices before they may preside in court;

(d)as to the approval of justices, by committees of justices constituted in accordance with the rules, before they may preside in court, as to the justices who may be so approved and as to the courts to which the approval relates; and

(e)as to circumstances in which a justice may preside in court even though requirements imposed by virtue of paragraph (c) or (d) above are not satisfied in relation to him.]

(3)The right of magistrates to vote at an election of the chairman or a deputy chairman of the justices in a petty sessions area may, by rules made under this section, be restricted with a view to securing that the election is made by magistrates experienced as such in the area.

(4)No rules shall be made under this section except on the advice of, or after consultation with, the rule committee established under [F35section 144 of the Magistrates’ Courts Act 1980].

(5)Rules under this section shall be made by the Lord Chancellor by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subordinate Legislation Made

P1S. 18: power exercised by S.I. 1991/1966.

Textual Amendments

F32Words in s. 18(2)(b) inserted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 3(a); S.I. 1994/2594, art.6

F33Word in S. 18(2)(b) repealed (1.11.1994) by 1994 c. 29, s. 93, Sch. 9 Pt.II; S.I. 1994/2594, art.7

F34S. 18(2)(c)-(e) substituted for s. 18(2)(c) (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 3(b); S.I. 1994/2594, art.6

F35Words substituted by Magistrates' Courts Act 1980 (c.43, SIF 82), s. 154(1), Sch. 7 para. 192

Magistrates’ courts committeesE+W

19 General provisions as to magistrates’ courts committees.E+W

(1)There shall continue to be committees (to be called “magistrates’ courts committees”) set up in accordance with the following provisions of this Part of this Act, with such functions [F36as are or may be conferred on them by or under this or any other Act and such other functions relating to matters of an administrative character] as they may be authorised by the [F37Lord Chancellor] to undertake.

(2)Subject to [F38section 69 of the Police and Magistrates’ Courts Act 1994 and to any order made under subsection (3) of this section before the commencement of that section], there shall be a magistrates’ courts committee for each area to which this subsection applies, that is to say—

(a)every [F39relevant area][F40in England];

(b)every metropolitan district;

[F40(bb)every preserved county in Wales;]

(c)[F41every outer London borough];

[F42(cc)the inner London area; and]

(d)the City of London.

F43(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36Words in s. 19(1) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 4(2); S.I. 1994/2594, art. 6

F37Words in s. 19(1)(3)(a)(4) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F38Words in s. 19(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 4(3); S.I. 1994/2594, art. 6

F39Words in s. 19(2)(a) substituted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(4)

F40Words in s. 19(2)(a) and s. 19(2)(bb) inserted (1.4.1996) by 1994 c. 19, s. 1(3), Sch. 2 para. 10(3); S.I. 1995/3198, art. 3, Sch.1

F41Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(4)(b)

F42Words in s. 19(2) substituted (1.11.1994 for specified purposes and 1.4.1995 for all remaining purposes) by 1994 c. 29, s. 79(4); S.I. 1994/2594, art. 4; S.I. 1995/685, art. 3.

F43S. 19(3)(4) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 4(4), Sch. 9 Pt. II; S.I. 1994/2594, art. 6

Modifications etc. (not altering text)

C6Power to amend s. 19 conferred (5.7.1994) by 1994 c. 19, s. 55(3)(b).

[F4420 Constitution of magistrates’ courts committees.E+W

(1)A magistrates’ courts committee shall, subject to subsections (2) to (4) below, be composed of magistrates for the area to which the committee relates, chosen in accordance with regulations under section 21 of this Act.

(2)Not more than two other members, who need not be justices of the peace, may be either—

(a)co-opted by a magistrates’ courts committee to the committee with the approval of the Lord Chancellor, or

(b)appointed by the Lord Chancellor to the committee.

(3)The chief metropolitan stipendiary magistrate shall by virtue of his office be a member of the inner London magistrates’ courts committee.

(4)Until such day as the Lord Chancellor may by order made by statutory instrument appoint, two members of the inner London magistrates’ courts committee shall be other metropolitan stipendiary magistrates appointed by the chief metropolitan stipendiary magistrate.

(5)In subsections (3) and (4) above “the inner London magistrates’ courts committee” means the magistrates’ courts committee for an area consisting of or including the whole of the inner London area or, if there is no such committee, every magistrates’ courts committee for any area which consists of or includes any part of the inner London area.]

Textual Amendments

F44S. 20 substituted (1.11.1994 subject to saving in art. 5 of S.I. 1994/2594) by 1994 c. 29, s.70; S.I. 1994/2594, art. 3

Modifications etc. (not altering text)

C7S. 20(3)(4) excluded (1.4.1995) by 1994 c. 29, s. 88(6); S.I. 1995/685, art. 4

21 Powers of [F45Lord Chancellor] in relation to magistrates’ courts committees.E+W

(1)The [F45Lord Chancellor] may by statutory instrument make general regulations about the constitution, procedure and quorum of magistrates’ courts committees; but F46. . . any such regulations shall have effect subject to the provisions of section 20 of this Act.

[F47(1A)Any such regulations shall provide for the members referred to in section 20(1) of this Act to be chosen by a selection panel constituted in accordance with the regulations.]

[F48(2)Any such regulations may—

(a)lay down an upper limit for the number of members of a magistrates’ courts committee (inclusive of the members referred to in subsections (2), (3) and (4) of section 20 of this Act), and

(b)enable the Lord Chancellor to direct that, in relation to any magistrates’ courts committee to which the direction is given, any members co-opted or appointed under subsection (2) of that section are to be left out of account in applying the upper limit.

(2A)Any such regulations may also make different provision in relation to the magistrates’ courts committees for areas which consist of or include the whole or any part of the inner London area from that made in relation to other committees.]

(3)Any such regulations may also make provision with respect to the persons (other than the members, clerks and officers of the committee) who may be entitled to attend the meetings of a magistrates’ courts committee and the rights of such persons to make representations to the committee.

(4)The [F45Lord Chancellor] may give general or special directions with respect to summoning the first meeting of magistrates’ courts committees.

Textual Amendments

F45Words in s. 21 substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F46Words in s. 21(1) repealed (1.11.1994) by 1994 c. 29, s. 93, Sch. 9 Pt.II; S.I. 1994/2594, art.7

F47S. 21(1A) inserted (1.11.1994 subject to saving in art. 5 of S.I. 1994/2594) by 1994 c. 29, s. 71(2); S.I. 1994/2594, art.3

F48S. 21(2)(2A) substituted for s. 21(2) (1.11.1994 subject to saving in art. 5 of S.I. 1994/2594) by 1994 c. 29, s. 71(3); S.I. 1994/2594, art.3 (with art. 5)

22 Supplementary provisions as to magistrates’ courts committees.E+W

[F49(1)Subject to subsection (1A) below, a magistrates’ courts committee shall appoint one of their members to be chairman of the committee.

(1A)Until such day as the Lord Chancellor may by order made by statutory instrument appoint, the chief metropolitan stipendiary magistrate shall by virtue of his office be the chairman of any magistrates’ courts committee for an area which consists of or includes the whole of the inner London area.]

F50(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where the magistrates for a petty sessions area are required to meet for the purpose of carrying out any functions under [F51section 21] of this Act, a meeting shall be convened by the magistrates’ courts committee or, if there is no such committee in being or the [F52Lord Chancellor] considers it appropriate, by the [F52Lord Chancellor].

(4)A magistrates’ courts committee may act through sub-committees appointed by them [F53which may, if they include at least one member of the committee, also include persons who are not members].

[F54(4A)A magistrates’ courts committee may also arrange for the discharge of any of their functions—

(a)by the chairman of the committee, or

(b)by the justices’ chief executive.]

(5)Subject to the provisions of this Act, a magistrates’ courts committee shall have power to regulate its own procedure, including quorum.

(6)The proceedings of a magistrates’ courts committee shall not be invalidated by reason of any vacancy therein or of any defect in the appointment of a member.

(7)A magistrates’ courts committee shall be a body corporate.

[F55(8)A magistrates’ courts committee shall, on at least one occasion in every calendar year, admit members of the public to a meeting of the committee.

(9)The minutes of proceedings of every meeting of a magistrates’ courts committee shall be open to inspection by members of the public at the offices of the committee, except to the extent that the committee determine that the minutes disclose information of a confidential nature.

(10)Copies of any minutes which are open to inspection under subsection (9) above shall be made available to the public on payment of such reasonable fee as the magistrates’ courts committee may in any case determine.

(11)A magistrates’ courts committee making a determination under subsection (9) above shall state their reasons for regarding the information in question as being of a confidential nature.]

Textual Amendments

F49S. 22(1)(1A) substituted for s. 21(1) (1.4.1995) by 1994 c. 29, s. 72(2); S.I. 1995/685, art.4(a)

F50S. 22(2) repealed (1.4.1995) by 1994 c. 29, s. 72(3), Sch. 9 Pt.II; S.I. 1995/685, art.4(a)

F51Words in s. 22(3) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. I para.5; S.I. 1995/685, art.7(a)

F52Words in s. 22(1)(3) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F53Words in s. 22(4) inserted (1.4.1995) by 1994 c. 29, s. 72(4); S.I. 1995/685, art.4(a)

F54S. 22(4A) inserted (1.4.1995) by 1994 c. 29, s. 72(5); S.I. 1995/685, art.4(a)

F55S. 22(8)-(11) added (1.4.1995, 1.10.1995, 1.1.1996 in relation to areas as specified in art. 5(1)-(3) of S.I. 1995/685) by 1994 c. 29, s. 72(6); S.I. 1995/685, arts.4(a), 5(1)-(3)

Modifications etc. (not altering text)

C8S. 22 extended (1.11.1994) by 1994 c. 29, s. 69(8)(c); S.I. 1994/2594, art.3

[F5622A General powers and duties of magistrates’ courts committees.E+W

(1)A magistrates’ courts committee shall be responsible for the efficient and effective administration of the magistrates’ courts for their area.

(2)A magistrates’ courts committee may, in particular—

(a)allocate administrative responsibilities among the justices’ chief executive, the justices’ clerks and the staff of the committee, and

(b)determine the administrative procedures to be followed by any of the persons mentioned in paragraph (a) above.

(3)It shall be the duty of every magistrates’ courts committee to provide courses of instruction for justices’ clerks and for staff of the committee.

(4)The Lord Chancellor may give directions to magistrates’ courts committees requiring each of them, in discharging their responsibilities under subsection (1) above, to meet specified standards of performance.

(5)The Lord Chancellor may also give directions to magistrates’ courts committees requiring each of them to take specified steps, at such intervals as may be specified—

(a)for the purpose of keeping the magistrates for their area informed as to the activities of the committee, or

(b)for the purpose of ascertaining the views of those magistrates on particular matters related to the functions of the committee.

(6)In discharging their responsibilities under subsection (1) above, a magistrates’ courts committee shall have regard to the needs of court users who are disabled; and so long as any direction under subsection (4) above is in force the standards of performance required under that subsection must include standards relating to the provision made for such court users.

(7)A direction under this section may be given to all magistrates’ courts committees or to one or more particular committees.

(8)The Lord Chancellor shall arrange for any direction given under this section to be published in such manner as he thinks fit.]

Textual Amendments

F56S. 22A inserted (1.4.1995) by 1994 c. 29, s.73; S.I. 1995/685, art. 4(b).

23 Powers and duties of committee as to petty sessional divisions.E+W

(1)Subject to the provisions of this and the next following section, a magistrates’ courts committee F57. . . may at any time submit to the [F58Lord Chancellor] a draft order making such provision about the division of [F59their area] or any part thereof into petty sessional divisions as the committee think fit.

(2)It shall be the duty of such a committee, if directed to do so by the [F58Lord Chancellor], to review the division of [F60their area], or any part thereof into petty sessional divisions and, on completion of the review, to submit to the [F58Lord Chancellor] either a draft order under subsection (1) above or a report giving reasons for making no change.

(3)Subject to the provisions of this and the next following section—

(a)where such a committee submit a draft order to the [F58Lord Chancellor] under this section, he may by statutory instrument make the order either in the terms of the draft or with such modifications as he thinks fit; and

(b)where such a committee fail to comply within six months with a direction of the [F58Lord Chancellor] under subsection (2) above, or the [F58Lord Chancellor] is dissatisfied with the draft order or report submitted in pursuance of such a direction, he may by statutory instrument make such order as he thinks fit about the division into petty sessional divisions of the area to which the direction related.

(4)An order under this section may provide for [F61an area] ceasing to be divided into petty sessional divisions, and a direction under subsection (2) above may be given with respect to the division of [F61an area] which is not for the time being so divided.

(5)Any order under this section may contain transitional and other consequential provisions.

Textual Amendments

F57Words in s. 23(1) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 6(2)(a), Sch. 9 Pt.II; S.I. 1994/2594, art.6

F58Words in s. 23(1)(2)(3)(a)(b) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F59Words in s. 23(1) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 6(2)(b); S.I. 1994/2594, art.6

F60Words in s. 23(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 6(3); S.I. 1994/2594, art.6

F61Words in s. 23(4) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 6(4); S.I. 1994/2594, art.6

24 Procedure relating to s. 23.E+W

(1)Before submitting to the [F62Lord Chancellor] a draft order or a report under section 23 of this Act about any area, a magistrates’ courts committee—

(a)shall consult the [F63council of every] non-metropolitan county [F64[F65unitary district][F66, county borough in Wales] or F67. . . London borough][F68which includes all or part of the area] and the magistrates for any existing petty sessional division in the area; and

(b)in the case of a draft order [F69concerning a non-metropolitan county][F70in England], after complying with paragraph (a) above, shall send a copy of their proposals to every interested authority and take into consideration any objections made in the prescribed manner and within the prescribed time.

(2)A magistrates’ courts committee submitting to the [F62Lord Chancellor] a draft order or a report under section 23 of this Act shall comply with such requirements (if any) as to notice as may be prescribed; and the [F62Lord Chancellor], before making an order under that section about any area otherwise than in accordance with a draft submitted to him by the magistrates’ courts committee, shall send a copy of his proposals to the committee, to the [F71council of every] non-metropolitan county [F72, [F65unitary district][F65, county borough in Wales] or F73. . . London borough [F74which includes all or part of the area], to the magistrates for any existing petty sessional division in the area and, if a non-metropolitan county [F70in England] is concerned, to every interested authority].

(3)Before making any order under section 23 of this Act the [F62Lord Chancellor] shall take into consideration any objections made in the prescribed manner and within the prescribed time, and may cause a local inquiry to be held.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

(5)Subject to the provisions of Schedule 1 to this Act, the powers conferred by section 23 of this Act shall be in substitution for any other power to create or alter petty sessional divisions F76. . ., except powers conferred by any other provision of this Act [F77or by section 69 of the Police and Magistrates’ Courts Act 1994].

(6)For the purposes of this section—

(a)“interested authority”, in relation to any order or draft order [F78concerning a non-metropolitan county [F70in England], means the council of any district in the county [F79(other than a unitary district)] which is wholly or partly included in the area to which the order or draft order relates; and]

(b)an order shall be deemed to be made in accordance with a draft order if either it is made in terms of the draft order or the departures from the draft order do not, in the opinion of the [F62Lord Chancellor], effect important alterations in the draft order.

Textual Amendments

F62Words in s. 24(1)(2)(3)(6)(b) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F63Words in s. 24(1)(a) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(2)(a); S.I. 1994/2594, art. 6

F64Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(a)(i)

F65Words in s. 24(1)(a)(2) substituted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(5)(a)

F66Word in s. 24(1)(a)(2) inserted (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. I para. 1(3)

F67Word in s. 24(1)(a) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 7(2)(b), Sch. 9 Pt. II; S.I. 1994/2594, arts. 6, 7

F68Words in s. 24(1)(a) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(2)(c); S.I. 1994/2594, art. 6

F69Words inserted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(a)(ii)

F70Words in s. 24(1)(b)(2)(6)(a) inserted (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. I para. 1(3)

F71Words in s. 24(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(3)(a); S.I. 1994/2594, art. 6

F72Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(b)

F73Word in s. 24(2) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 7(3)(b), Sch. 9 Pt. II; S.I. 1994/2594, arts. 6, 7

F74Words in s. 24(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(3)(c); S.I. 1994/2594, art. 6

F75S. 24(4) repealed by Local Government Act 1985 (c.51, SIF 81:1), s. 102, Sch. 17

F76Words in s. 24(5) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 7(4)(a), Sch. 9 Pt. II; S.I. 1994/2594, arts. 6, 7

F77Words in s. 24(5) inserted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(4)(b); S.I. 1994/2594, art. 6

F78Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(d)

F79Words in s. 24(6)(a) inserted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(5)(b)

[F8024A Alteration of names of petty sessions areas outside inner London Area.E+W

(1)Subject to the provisions of this and the next section, a magistrates’ courts committee F81. . . may at any time submit to the [F82Lord Chancellor] a draft order altering the name of the petty sessions area for which they are the committee or, if they are the committee for more than one petty sessions area, the name of any of those areas.

(2)Subject to the provisions of this and the next following section, where such a committee submit a draft order to the [F82Lord Chancellor] under this section, he may by statutory instrument make the order either in the terms of the draft or with such modifications as he thinks fit.

[F83(2A)Nothing in this section shall enable the name of the petty sessions area consisting of the City of London to be changed.]

(3)Any order under this section may contain transitional and other consequential provisions.]

Textual Amendments

F80Ss. 24A, 24B inserted by Criminal Justice Act 1988 (c.33, SIF 39:1), ss. 123(6), 164(1)(2), Sch. 8 para. 16

F81Words in s. 24A(1) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 8(2), Sch. 9 Pt.II; S.I. 1994/2594, arts.6, 7

F82Words in s. 24A(1)(2) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F83S. 24A(2A) inserted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 8(3); S.I. 1994/2594, art.6

24B Procedure relating to s. 24A.E+W

(1)Before submitting to the [F84Lord Chancellor] a draft order under section 24A of this Act, a magistrates’ courts committee—

(a)shall consult the council of the non-metropolitan county, [F85unitary district][F86, county borough in Wales] or [F87London borough] concerned and the magistrates of the petty sessions area to which their proposals relate; and

(b)after complying with paragraph (a) above, shall send a copy of their proposals to every interested authority and take into consideration any objections made in the prescribed manner and within the prescribed time.

(2)A magistrates’ courts committee submitting to the [F84Lord Chancellor] a draft order under section 24A of this Act shall comply with such requirements (if any) as to notice as may be prescribed; and the [F84Lord Chancellor], before making an order under that section otherwise than in accordance with a draft submitted to him by the magistrates’ court committee, shall send a copy of his proposals to the committee, to the council of the non-metropolitan county, [F85unitary district][F86, county borough in Wales] or [F87London borough] concerned and, if a non-metropolitan county [F88in England] is concerned, every interested authority.

(3)Before making any order under section 24A of this Act the [F84Lord Chancellor] shall take into consideration any objections made in the prescribed manner and within the prescribed time, and may cause a local inquiry to be held.

(4)For the purposes of this section—

(a)“interested authority” , in relation to any order or draft order concerning a non-metropolitan county [F88in England], means the council of any district in the county [F89(other than a unitary district)] which is wholly or partly included in the area to which the order or draft order relates; and

(b)an order shall be deemed to be made in accordance with a draft order if either it is made in terms of the draft order or the departures from the draft order do not, in the opinion of the [F84Lord Chancellor], effect important alterations in the draft order.

Textual Amendments

F84Words in s. 24B(1)(2)(3)(4)(b) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F85Words in s. 24B(1)(a)(2) substituted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(6)(a)

F86Words in s. 24B(1)(a)(2) inserted (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. I para. 1(4)

F87Words in s. 24B(1)(a)(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 9; S.I. 1994/2594, art. 6

F88Words in s. 24B(2)(4)(a) inserted (1.4.1996) by S.I. 1996/675, art. 2, sch. Pt. I para. 1(4)

F89Words in s. 24B(4)(a) inserted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(6)(b)

[F9024C Reports and plans.E+W

(1)The Lord Chancellor may by regulations made by statutory instrument require magistrates’ courts committees to submit to him such reports and plans, in relation to matters for which they are responsible, as may be prescribed.

(2)Any report or plan required by regulations under this section—

(a)shall be prepared in the prescribed manner, after such consultation as may be prescribed, and within such time as may be prescribed,

(b)shall be in the prescribed form,

(c)shall be sent to such persons as may be prescribed, and

(d)shall be made available to the public on payment of such reasonable fee as the magistrates’ courts committee may in any case determine.

(3)The Lord Chancellor may direct any one or more magistrates’ courts committees to produce such additional reports or plans in relation to matters for which they are responsible as may be specified in the direction.]

Textual Amendments

F90S. 24C inserted (1.11.1994) by 1994 c. 29, s.74; S.I. 1994/2594, art.3

Magistrates’ courts committeesE+W

19 General provisions as to magistrates’ courts committees.E+W

(a)every [F39relevant area][F40in England];

(b)every metropolitan district;

[F40(bb)every preserved county in Wales;]

(c)[F41every outer London borough];

[F42(cc)the inner London area; and]

(d)the City of London.

F43(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36Words in s. 19(1) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 4(2); S.I. 1994/2594, art. 6

F37Words in s. 19(1)(3)(a)(4) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F38Words in s. 19(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 4(3); S.I. 1994/2594, art. 6

F39Words in s. 19(2)(a) substituted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(4)

F40Words in s. 19(2)(a) and s. 19(2)(bb) inserted (1.4.1996) by 1994 c. 19, s. 1(3), Sch. 2 para. 10(3); S.I. 1995/3198, art. 3, Sch.1

F41Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(4)(b)

F42Words in s. 19(2) substituted (1.11.1994 for specified purposes and 1.4.1995 for all remaining purposes) by 1994 c. 29, s. 79(4); S.I. 1994/2594, art. 4; S.I. 1995/685, art. 3.

F43S. 19(3)(4) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 4(4), Sch. 9 Pt. II; S.I. 1994/2594, art. 6

Modifications etc. (not altering text)

C6Power to amend s. 19 conferred (5.7.1994) by 1994 c. 19, s. 55(3)(b).

[F4420 Constitution of magistrates’ courts committees.E+W

(2)Not more than two other members, who need not be justices of the peace, may be either—

(a)co-opted by a magistrates’ courts committee to the committee with the approval of the Lord Chancellor, or

(b)appointed by the Lord Chancellor to the committee.

(3)The chief metropolitan stipendiary magistrate shall by virtue of his office be a member of the inner London magistrates’ courts committee.

Textual Amendments

F44S. 20 substituted (1.11.1994 subject to saving in art. 5 of S.I. 1994/2594) by 1994 c. 29, s.70; S.I. 1994/2594, art. 3

Modifications etc. (not altering text)

C7S. 20(3)(4) excluded (1.4.1995) by 1994 c. 29, s. 88(6); S.I. 1995/685, art. 4

21 Powers of [F45Lord Chancellor] in relation to magistrates’ courts committees.E+W

[F47(1A)Any such regulations shall provide for the members referred to in section 20(1) of this Act to be chosen by a selection panel constituted in accordance with the regulations.]

[F48(2)Any such regulations may—

(a)lay down an upper limit for the number of members of a magistrates’ courts committee (inclusive of the members referred to in subsections (2), (3) and (4) of section 20 of this Act), and

(4)The [F45Lord Chancellor] may give general or special directions with respect to summoning the first meeting of magistrates’ courts committees.

Textual Amendments

F45Words in s. 21 substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F46Words in s. 21(1) repealed (1.11.1994) by 1994 c. 29, s. 93, Sch. 9 Pt.II; S.I. 1994/2594, art.7

F47S. 21(1A) inserted (1.11.1994 subject to saving in art. 5 of S.I. 1994/2594) by 1994 c. 29, s. 71(2); S.I. 1994/2594, art.3

F48S. 21(2)(2A) substituted for s. 21(2) (1.11.1994 subject to saving in art. 5 of S.I. 1994/2594) by 1994 c. 29, s. 71(3); S.I. 1994/2594, art.3 (with art. 5)

22 Supplementary provisions as to magistrates’ courts committees.E+W

[F49(1)Subject to subsection (1A) below, a magistrates’ courts committee shall appoint one of their members to be chairman of the committee.

F50(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A magistrates’ courts committee may act through sub-committees appointed by them [F53which may, if they include at least one member of the committee, also include persons who are not members].

[F54(4A)A magistrates’ courts committee may also arrange for the discharge of any of their functions—

(a)by the chairman of the committee, or

(b)by the justices’ chief executive.]

(5)Subject to the provisions of this Act, a magistrates’ courts committee shall have power to regulate its own procedure, including quorum.

(6)The proceedings of a magistrates’ courts committee shall not be invalidated by reason of any vacancy therein or of any defect in the appointment of a member.

(7)A magistrates’ courts committee shall be a body corporate.

[F55(8)A magistrates’ courts committee shall, on at least one occasion in every calendar year, admit members of the public to a meeting of the committee.

(11)A magistrates’ courts committee making a determination under subsection (9) above shall state their reasons for regarding the information in question as being of a confidential nature.]

Textual Amendments

F49S. 22(1)(1A) substituted for s. 21(1) (1.4.1995) by 1994 c. 29, s. 72(2); S.I. 1995/685, art.4(a)

F50S. 22(2) repealed (1.4.1995) by 1994 c. 29, s. 72(3), Sch. 9 Pt.II; S.I. 1995/685, art.4(a)

F51Words in s. 22(3) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. I para.5; S.I. 1995/685, art.7(a)

F52Words in s. 22(1)(3) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F53Words in s. 22(4) inserted (1.4.1995) by 1994 c. 29, s. 72(4); S.I. 1995/685, art.4(a)

F54S. 22(4A) inserted (1.4.1995) by 1994 c. 29, s. 72(5); S.I. 1995/685, art.4(a)

F55S. 22(8)-(11) added (1.4.1995, 1.10.1995, 1.1.1996 in relation to areas as specified in art. 5(1)-(3) of S.I. 1995/685) by 1994 c. 29, s. 72(6); S.I. 1995/685, arts.4(a), 5(1)-(3)

Modifications etc. (not altering text)

C8S. 22 extended (1.11.1994) by 1994 c. 29, s. 69(8)(c); S.I. 1994/2594, art.3

23 Powers and duties of committee as to petty sessional divisions.E+W

(3)Subject to the provisions of this and the next following section—

(5)Any order under this section may contain transitional and other consequential provisions.

Textual Amendments

F57Words in s. 23(1) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 6(2)(a), Sch. 9 Pt.II; S.I. 1994/2594, art.6

F58Words in s. 23(1)(2)(3)(a)(b) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F59Words in s. 23(1) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 6(2)(b); S.I. 1994/2594, art.6

F60Words in s. 23(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 6(3); S.I. 1994/2594, art.6

F61Words in s. 23(4) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 6(4); S.I. 1994/2594, art.6

24 Procedure relating to s. 23.E+W

(1)Before submitting to the [F62Lord Chancellor] a draft order or a report under section 23 of this Act about any area, a magistrates’ courts committee—

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

(6)For the purposes of this section—

Textual Amendments

F62Words in s. 24(1)(2)(3)(6)(b) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F63Words in s. 24(1)(a) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(2)(a); S.I. 1994/2594, art. 6

F64Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(a)(i)

F65Words in s. 24(1)(a)(2) substituted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(5)(a)

F66Word in s. 24(1)(a)(2) inserted (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. I para. 1(3)

F67Word in s. 24(1)(a) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 7(2)(b), Sch. 9 Pt. II; S.I. 1994/2594, arts. 6, 7

F68Words in s. 24(1)(a) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(2)(c); S.I. 1994/2594, art. 6

F69Words inserted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(a)(ii)

F70Words in s. 24(1)(b)(2)(6)(a) inserted (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. I para. 1(3)

F71Words in s. 24(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(3)(a); S.I. 1994/2594, art. 6

F72Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(b)

F73Word in s. 24(2) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 7(3)(b), Sch. 9 Pt. II; S.I. 1994/2594, arts. 6, 7

F74Words in s. 24(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(3)(c); S.I. 1994/2594, art. 6

F75S. 24(4) repealed by Local Government Act 1985 (c.51, SIF 81:1), s. 102, Sch. 17

F76Words in s. 24(5) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 7(4)(a), Sch. 9 Pt. II; S.I. 1994/2594, arts. 6, 7

F77Words in s. 24(5) inserted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(4)(b); S.I. 1994/2594, art. 6

F78Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(d)

F79Words in s. 24(6)(a) inserted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(5)(b)

[F8024A Alteration of names of petty sessions areas outside inner London Area.E+W

[F83(2A)Nothing in this section shall enable the name of the petty sessions area consisting of the City of London to be changed.]

(3)Any order under this section may contain transitional and other consequential provisions.]

Textual Amendments

F80Ss. 24A, 24B inserted by Criminal Justice Act 1988 (c.33, SIF 39:1), ss. 123(6), 164(1)(2), Sch. 8 para. 16

F81Words in s. 24A(1) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 8(2), Sch. 9 Pt.II; S.I. 1994/2594, arts.6, 7

F82Words in s. 24A(1)(2) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F83S. 24A(2A) inserted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 8(3); S.I. 1994/2594, art.6

24B Procedure relating to s. 24A.E+W

(1)Before submitting to the [F84Lord Chancellor] a draft order under section 24A of this Act, a magistrates’ courts committee—

(4)For the purposes of this section—

(b)an order shall be deemed to be made in accordance with a draft order if either it is made in terms of the draft order or the departures from the draft order do not, in the opinion of the [F84Lord Chancellor], effect important alterations in the draft order.

Textual Amendments

F84Words in s. 24B(1)(2)(3)(4)(b) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F85Words in s. 24B(1)(a)(2) substituted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(6)(a)

F86Words in s. 24B(1)(a)(2) inserted (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. I para. 1(4)

F87Words in s. 24B(1)(a)(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 9; S.I. 1994/2594, art. 6

F88Words in s. 24B(2)(4)(a) inserted (1.4.1996) by S.I. 1996/675, art. 2, sch. Pt. I para. 1(4)

F89Words in s. 24B(4)(a) inserted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(6)(b)

Magistrates’ courts committeesE+W

19 General provisions as to magistrates’ courts committees.E+W

(a)every [F39relevant area][F40in England];

(b)every metropolitan district;

[F40(bb)every preserved county in Wales;]

(c)[F41every outer London borough];

[F42(cc)the inner London area; and]

(d)the City of London.

F43(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36Words in s. 19(1) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 4(2); S.I. 1994/2594, art. 6

F37Words in s. 19(1)(3)(a)(4) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F38Words in s. 19(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 4(3); S.I. 1994/2594, art. 6

F39Words in s. 19(2)(a) substituted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(4)

F40Words in s. 19(2)(a) and s. 19(2)(bb) inserted (1.4.1996) by 1994 c. 19, s. 1(3), Sch. 2 para. 10(3); S.I. 1995/3198, art. 3, Sch.1

F41Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(4)(b)

F42Words in s. 19(2) substituted (1.11.1994 for specified purposes and 1.4.1995 for all remaining purposes) by 1994 c. 29, s. 79(4); S.I. 1994/2594, art. 4; S.I. 1995/685, art. 3.

F43S. 19(3)(4) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 4(4), Sch. 9 Pt. II; S.I. 1994/2594, art. 6

Modifications etc. (not altering text)

C6Power to amend s. 19 conferred (5.7.1994) by 1994 c. 19, s. 55(3)(b).

[F4420 Constitution of magistrates’ courts committees.E+W

(2)Not more than two other members, who need not be justices of the peace, may be either—

(a)co-opted by a magistrates’ courts committee to the committee with the approval of the Lord Chancellor, or

(b)appointed by the Lord Chancellor to the committee.

(3)The chief metropolitan stipendiary magistrate shall by virtue of his office be a member of the inner London magistrates’ courts committee.

Textual Amendments

F44S. 20 substituted (1.11.1994 subject to saving in art. 5 of S.I. 1994/2594) by 1994 c. 29, s.70; S.I. 1994/2594, art. 3

Modifications etc. (not altering text)

C7S. 20(3)(4) excluded (1.4.1995) by 1994 c. 29, s. 88(6); S.I. 1995/685, art. 4

21 Powers of [F45Lord Chancellor] in relation to magistrates’ courts committees.E+W

[F47(1A)Any such regulations shall provide for the members referred to in section 20(1) of this Act to be chosen by a selection panel constituted in accordance with the regulations.]

[F48(2)Any such regulations may—

(a)lay down an upper limit for the number of members of a magistrates’ courts committee (inclusive of the members referred to in subsections (2), (3) and (4) of section 20 of this Act), and

(4)The [F45Lord Chancellor] may give general or special directions with respect to summoning the first meeting of magistrates’ courts committees.

Textual Amendments

F45Words in s. 21 substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F46Words in s. 21(1) repealed (1.11.1994) by 1994 c. 29, s. 93, Sch. 9 Pt.II; S.I. 1994/2594, art.7

F47S. 21(1A) inserted (1.11.1994 subject to saving in art. 5 of S.I. 1994/2594) by 1994 c. 29, s. 71(2); S.I. 1994/2594, art.3

F48S. 21(2)(2A) substituted for s. 21(2) (1.11.1994 subject to saving in art. 5 of S.I. 1994/2594) by 1994 c. 29, s. 71(3); S.I. 1994/2594, art.3 (with art. 5)

22 Supplementary provisions as to magistrates’ courts committees.E+W

[F49(1)Subject to subsection (1A) below, a magistrates’ courts committee shall appoint one of their members to be chairman of the committee.

F50(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A magistrates’ courts committee may act through sub-committees appointed by them [F53which may, if they include at least one member of the committee, also include persons who are not members].

[F54(4A)A magistrates’ courts committee may also arrange for the discharge of any of their functions—

(a)by the chairman of the committee, or

(b)by the justices’ chief executive.]

(5)Subject to the provisions of this Act, a magistrates’ courts committee shall have power to regulate its own procedure, including quorum.

(6)The proceedings of a magistrates’ courts committee shall not be invalidated by reason of any vacancy therein or of any defect in the appointment of a member.

(7)A magistrates’ courts committee shall be a body corporate.

[F55(8)A magistrates’ courts committee shall, on at least one occasion in every calendar year, admit members of the public to a meeting of the committee.

(11)A magistrates’ courts committee making a determination under subsection (9) above shall state their reasons for regarding the information in question as being of a confidential nature.]

Textual Amendments

F49S. 22(1)(1A) substituted for s. 21(1) (1.4.1995) by 1994 c. 29, s. 72(2); S.I. 1995/685, art.4(a)

F50S. 22(2) repealed (1.4.1995) by 1994 c. 29, s. 72(3), Sch. 9 Pt.II; S.I. 1995/685, art.4(a)

F51Words in s. 22(3) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. I para.5; S.I. 1995/685, art.7(a)

F52Words in s. 22(1)(3) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F53Words in s. 22(4) inserted (1.4.1995) by 1994 c. 29, s. 72(4); S.I. 1995/685, art.4(a)

F54S. 22(4A) inserted (1.4.1995) by 1994 c. 29, s. 72(5); S.I. 1995/685, art.4(a)

F55S. 22(8)-(11) added (1.4.1995, 1.10.1995, 1.1.1996 in relation to areas as specified in art. 5(1)-(3) of S.I. 1995/685) by 1994 c. 29, s. 72(6); S.I. 1995/685, arts.4(a), 5(1)-(3)

Modifications etc. (not altering text)

C8S. 22 extended (1.11.1994) by 1994 c. 29, s. 69(8)(c); S.I. 1994/2594, art.3

23 Powers and duties of committee as to petty sessional divisions.E+W

(3)Subject to the provisions of this and the next following section—

(5)Any order under this section may contain transitional and other consequential provisions.

Textual Amendments

F57Words in s. 23(1) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 6(2)(a), Sch. 9 Pt.II; S.I. 1994/2594, art.6

F58Words in s. 23(1)(2)(3)(a)(b) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F59Words in s. 23(1) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 6(2)(b); S.I. 1994/2594, art.6

F60Words in s. 23(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 6(3); S.I. 1994/2594, art.6

F61Words in s. 23(4) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 6(4); S.I. 1994/2594, art.6

24 Procedure relating to s. 23.E+W

(1)Before submitting to the [F62Lord Chancellor] a draft order or a report under section 23 of this Act about any area, a magistrates’ courts committee—

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

(6)For the purposes of this section—

Textual Amendments

F62Words in s. 24(1)(2)(3)(6)(b) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F63Words in s. 24(1)(a) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(2)(a); S.I. 1994/2594, art. 6

F64Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(a)(i)

F65Words in s. 24(1)(a)(2) substituted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(5)(a)

F66Word in s. 24(1)(a)(2) inserted (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. I para. 1(3)

F67Word in s. 24(1)(a) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 7(2)(b), Sch. 9 Pt. II; S.I. 1994/2594, arts. 6, 7

F68Words in s. 24(1)(a) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(2)(c); S.I. 1994/2594, art. 6

F69Words inserted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(a)(ii)

F70Words in s. 24(1)(b)(2)(6)(a) inserted (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. I para. 1(3)

F71Words in s. 24(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(3)(a); S.I. 1994/2594, art. 6

F72Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(b)

F73Word in s. 24(2) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 7(3)(b), Sch. 9 Pt. II; S.I. 1994/2594, arts. 6, 7

F74Words in s. 24(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(3)(c); S.I. 1994/2594, art. 6

F75S. 24(4) repealed by Local Government Act 1985 (c.51, SIF 81:1), s. 102, Sch. 17

F76Words in s. 24(5) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 7(4)(a), Sch. 9 Pt. II; S.I. 1994/2594, arts. 6, 7

F77Words in s. 24(5) inserted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(4)(b); S.I. 1994/2594, art. 6

F78Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(d)

F79Words in s. 24(6)(a) inserted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(5)(b)

[F8024A Alteration of names of petty sessions areas outside inner London Area.E+W

[F83(2A)Nothing in this section shall enable the name of the petty sessions area consisting of the City of London to be changed.]

(3)Any order under this section may contain transitional and other consequential provisions.]

Textual Amendments

F80Ss. 24A, 24B inserted by Criminal Justice Act 1988 (c.33, SIF 39:1), ss. 123(6), 164(1)(2), Sch. 8 para. 16

F81Words in s. 24A(1) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 8(2), Sch. 9 Pt.II; S.I. 1994/2594, arts.6, 7

F82Words in s. 24A(1)(2) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F83S. 24A(2A) inserted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 8(3); S.I. 1994/2594, art.6

24B Procedure relating to s. 24A.E+W

(1)Before submitting to the [F84Lord Chancellor] a draft order under section 24A of this Act, a magistrates’ courts committee—

(4)For the purposes of this section—

(b)an order shall be deemed to be made in accordance with a draft order if either it is made in terms of the draft order or the departures from the draft order do not, in the opinion of the [F84Lord Chancellor], effect important alterations in the draft order.

Textual Amendments

F84Words in s. 24B(1)(2)(3)(4)(b) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F85Words in s. 24B(1)(a)(2) substituted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(6)(a)

F86Words in s. 24B(1)(a)(2) inserted (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. I para. 1(4)

F87Words in s. 24B(1)(a)(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 9; S.I. 1994/2594, art. 6

F88Words in s. 24B(2)(4)(a) inserted (1.4.1996) by S.I. 1996/675, art. 2, sch. Pt. I para. 1(4)

F89Words in s. 24B(4)(a) inserted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(6)(b)

[F9024C Reports and plans.E+W

(2)Any report or plan required by regulations under this section—

(a)shall be prepared in the prescribed manner, after such consultation as may be prescribed, and within such time as may be prescribed,

(b)shall be in the prescribed form,

(c)shall be sent to such persons as may be prescribed, and

(d)shall be made available to the public on payment of such reasonable fee as the magistrates’ courts committee may in any case determine.

Textual Amendments

F90S. 24C inserted (1.11.1994) by 1994 c. 29, s.74; S.I. 1994/2594, art.3

[F91 Justices’ chief executives, justices’ clerks and staff]E+W

Textual Amendments

F91Cross heading and ss. 24D, 24E inserted (1.4.1995 except in relation to specified purposes) by 1994 c. 29, s.75; S.I. 1995/685, arts. 4(C), 5(4).

F9224D Appointment of justices’ chief executive.E+W

(1)Every magistrates’ courts committee shall appoint a justices’ chief executive.

(2)A person may not be appointed as justices’ chief executive unless—

(a)the magistrates’ courts committee have submitted to the Lord Chancellor, in accordance with regulations, an application for approval of one or more persons offering themselves for the appointment,

(b)the Lord Chancellor has approved one or more of those persons, and

(c)the person appointed is a person so approved.

(3)For the purposes of subsection (2) above, appointment as justices’ chief executive does not include, in relation to a person employed as such under a contract for a fixed term, re-appointment on the expiry of that term.

(4)Where the Lord Chancellor declines to approve any person who is named in an application under subsection (2)(a) above, he shall inform the magistrates’ courts committee of the reasons for his decision.

(5)A person may not be appointed as justices’ chief executive unless he is eligible under section 26 of this Act for appointment as justices’ clerk.

(6)A person may not be appointed both as justices’ chief executive and as justices’ clerk for a petty sessions area unless the Lord Chancellor has agreed that he may hold both appointments.

(7)Where, in accordance with subsection (6) above, a person holds an appointment as justices’ chief executive with an appointment as justices’ clerk for a petty sessions area, he shall not exercise any functions as justices’ clerk for the petty sessions area unless authorised to do so (either generally or in any particular case) by the magistrates’ courts committee for the area which includes that petty sessions area.

(8)In this section “regulations” means regulations made by the Lord Chancellor by statutory instrument.

Textual Amendments

F92Ss. 24D, 24E inserted (1.4.1995 except in relation to specified purposes) by 1994 c. 29, s.75; S.I. 1995/685, arts.4(c), 5(4).

Modifications etc. (not altering text)

C9S. 24D modified (1.4.1995) by 1994 c. 29, s. 80(2); S.I. 1995/685, art.4(f)

F9324E Functions of justices’ chief executive.E+W

(1)The justices’ chief executive in relation to any magistrates’ courts committee shall—

(a)act as clerk to the committee, and

(b)subject to and in accordance with any directions given by the committee, carry on the day to day administration of the magistrates’ courts for the area to which the committee relates.

(2)A justices’ chief executive may arrange for his functions under subsection (1)(a) above to be exercised by any member of the staff of the magistrates’ courts committee.

(3)It shall be the duty of the justices’ chief executive to make arrangements for discussions relating to law, practice and procedure among the justices’ clerks for petty sessions areas within the area of the committee.

Textual Amendments

F93Ss. 24D, 24E inserted (1.4.1995 except in relation to specified purposes) by 1994 c. 29, s.75; S.I. 1995/685, arts. 4(c), 5(4).

Justices’ clerks and their staffsE+W

[F9425 Appointment and removal of justices’ clerks.E+W

(1)Justices’ clerks shall be appointed by the magistrates’ courts committee; and a magistrates’ courts committee may appoint more than one justices’ clerk for any petty sessions area.

(2)A person may not be appointed as justices’ clerk unless—

(b)the Lord Chancellor has approved one or more of those persons, and

(c)the person appointed is a person so approved.

(3)For the purposes of subsection (2) above, appointment as justices’ clerk does not include, in relation to a person employed as such under a contract for a fixed term, re-appointment on the expiry of that term.

(5)The approval of the Lord Chancellor shall be required—

(a)for any decision to increase the number of justices’ clerks in a petty sessions area or to have more than one justices’ clerk in a new petty sessions area, or

(b)for the removal of the justices’ clerk for a petty sessions area where the magistrates for the area do not consent to the removal.

(6)A magistrates’ courts committee shall consult the magistrates for any petty sessions area—

(a)on the appointment of a justices’ clerk for the area, except in the case of a re-appointment on the expiry of a fixed term, or

(b)on the removal of a justices’ clerk for the area.

(7)Before—

(a)approving any persons under subsection (2) above, or

(b)approving the removal of a justices’ clerk,

the Lord Chancellor shall consider any representations made to him by the magistrates for the petty sessions area concerned; and before approving the removal of a justices’ clerk the Lord Chancellor shall also consider any representations made to him by the clerk.

(8)For the purposes of subsections (5) to (7) above, removal as justices’ clerk shall be taken to include, in relation to a person employed as such under a contract for a fixed term, the expiry of that term without renewal in any case where the clerk has not consented to the failure to renew.

(9)In this section “regulations” means regulations made by the Lord Chancellor by statutory instrument.]

Textual Amendments

F94S. 25 substituted (1.4.1995) by 1994 c. 29, s.76; S.I. 1995/685, art.4(d)

Modifications etc. (not altering text)

C10S. 25 modified (1.4.1995) by 1994 c. 29, s. 80(3); S.I. 1995/685, art.4(f)

26 Qualifications for appointment as justices’ clerk.E+W

(1)Except as provided by this section, no person shall be appointed as justices’ clerk F95. . . unless either—

(a)at the time of appointment he [F96has a 5 year magistrates’ court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990,]. . ., or

(b)he then is or has previously been a justices’ clerk.

F97(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F98(3)A person not having the qualification which is required by subsection (1)(a) above may be appointed as justices’ clerk if at the time of the appointment he is a barrister or solicitor and has served for not less than five years as assistant to a justices’ clerk.]

F97(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95Words in s. 26(1) repealed (1.4.1995) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 10(2), Sch. 9 Pt.II; S.I. 1995/685, arts. 7(1)(b),8(f)

F96Words substituted by Courts and Legal Services Act 1990 (c.41, SIF 37), s. 71(2), Sch. 10 para. 45

F97S. 26(2)(4)(5) repealed (1.4.1995) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 10(4), Sch. 9 Pt.II; S.I. 1995/685, arts. 7(1)(b),8(f)

F98S. 26(3) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 10(3); S.I. 1995/685, art.7(l)(b)

[F9926A Justices’ chief executives and justices’ clerks to be employed under contracts of service.E+W

(1)Except as provided by this Act, a justices’ chief executive or justices’ clerk—

(a)shall be employed by the magistrates’ courts committee, on such terms as they may determine, and

(b)shall hold and vacate office in accordance with the terms of his contract of service.

(2)Subsection (1) above shall not have effect in relation to any person appointed by a magistrates’ courts committee before the commencement of this section as justices’ clerk for a petty sessions area so long as he—

(a)continues to hold office as a justices’ clerk for that area or for any one or more petty sessions areas including any part of that area, and

(b)has not entered into a contract of service after the commencement of this section.

(3)Any justices’ clerk in relation to whom, by virtue of subsection (2) above, subsection (1) above does not have effect shall hold office during the pleasure of the magistrates’ courts committee concerned.]

Textual Amendments

F99S. 26A inserted (1.4.1995) by 1994 c. 29, s.77; S.I. 1995/685, art.4(e)

27 Conditions of service and staff of justices’ clerks.E+W

F100(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F101(6)A magistrates’ courts committee may employ staff on such terms as they think fit.]

F100(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The power conferred by [F102section 144 of the Magistrates’ Courts Act 1980] to make rules for regulating and prescribing the procedure and practice to be followed by justices’ clerks shall, without prejudice to the generality of subsection (1) of that section, include power to provide that, subject to any exceptions prescribed by the rules, persons shall not be employed to assist a justices’ clerk in any capacity so prescribed, or shall not be permitted to do on behalf of a justices’ clerk any such acts as may be so prescribed, unless those persons are qualified (any age limits apart) to be appointed justices’ clerk or have such other qualifications as may for any purpose be allowed by the rules [F103or approved by the Lord Chancellor in accordance with the rules].

F100(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F100S. 27(1)-(5)(7)(9) repealed (1.4.1995) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 11(2), Sch. 9 Pt.II; S.I. 1995/685, arts. 7(1)(c),8(g)

F101S. 27(6) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 11(3); S.I. 1995/685, art.7(l)(c)

F102Words substituted by Magistrates' Courts Act 1980 (c.43, SIF 82), s. 154(1), Sch. 7 para. 193

F103Words in s. 27(8) inserted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 11(4); S.I. 1994/685, art.7(l)(c)

28 General powers and duties of justices’ clerks.E+W

(1)Rules made in accordance with [F104section 144 of the Magistrates’ Courts Act 1980] may (except in so far as any enactment passed after the 25th October 1968 otherwise directs) make provision enabling things authorised to be done by, to or before a single justice of the peace to be done instead by, to or before a justices’ clerk.

[F105(1A)Such rules may also make provision enabling things authorised to be done by, to or before a justices’ clerk (whether by virtue of subsection (1) above or otherwise) to be done instead by, to or before—

(a)a person appointed by a magistrates’ courts committee to assist him;

F106(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)Any enactment (including any enactment contained in this Act) or any rule of law regulating the exercise of any jurisdiction or powers of justices of the peace, or relating to things done in the exercise or purported exercise of any such jurisdiction or powers, shall apply in relation to the exercise or purported exercise thereof by virtue of subsection (1) above by the clerk to any justices as if he were one of those justices.

(3)It is hereby declared that the functions of a justices’ clerk include the giving to the justices to whom he is clerk or any of them, at the request of the justices or justice, of advice about law, practice or procedure on questions arising in connection with the discharge of their or his functions, including questions arising when the clerk is not personally attending on the justices or justice, and that the clerk may, at any time when he thinks he should do so, bring to the attention of the justices or justice any point of law, practice or procedure that is or may be involved in any question so arising.

In this subsection the reference to the functions of justices or a justice is a reference to any of their or his functions as justices or a justice of the peace, other than functions as a judge of the Crown Court.

(4)The enactment of subsection (3) above shall not be taken as defining or in any respect limiting the powers and duties belonging to a justices’ clerk or the matters on which justices may obtain assistance from their clerk.

Textual Amendments

F104Words in s. 28(1) substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(1), Sch. 7 para. 194

F105S. 28(1A) inserted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 117; S.I. 1991/1364, art. 2, Sch.

F106S. 28(1A)(b)(c) repealed (1.4.1995) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 12, Sch. 9 Pt.II; S.I. 1995/685, arts. 7(1)(d),8(h)

29 Functions of justices’ clerk as collecting officer.E+W

(1)A justices’ clerk shall by virtue of his office be collecting officer of any magistrates’ court of which he is the clerk.

(2)In his capacity as such a collecting officer, a justices’ clerk—

(a)shall discharge all such functions as are conferred by any enactment on a collecting officer appointed by the justices for a petty sessional division under the M3Affiliation Orders Act 1914; and

(b)shall act under any order directing the payment of money to him which was made by any court under section 30 of the M4Criminal Justice Administration Act 1914 (which provided for periodical payments under court orders to be made through an officer of the court or other third party) and which continues to have effect in accordance with the provisions of paragraph 14 of Schedule I to this Act.

(3)Subsections (1) and (2) above shall have effect without prejudice to the provisions of [F107[F108sections 59 and 59A] of the Magistrates’ Courts Act 1980](periodical payments through justices’ clerk [F109and proceedings by the clerk, etc.]) or [F107section 62 of that Act](relating to payments required to be made to a child).

Textual Amendments

F107Words in s. 29(3) substituted by Magistrates' Courts Act 1980 (c.43, SIF 82), s. 154(1), Sch. 7 para. 195

F108Words in s. 29(3) substituted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(1), Sch. 2 para. 4(a); S.I. 1992/455, art.2

F109Words in s. 29(3) inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(1), Sch. 2 para. 4(b); S.I. 1992/455, art.2

Marginal Citations

M31914 c. 6.

M41914 c. 58.

30 Person acting as substitute clerk to justices.E+W

(1)The provisions of this section shall have effect where, in any petty sessions area F110. . ., a person who is not the justices’ clerk or one of the justices’ clerks appointed in that petty sessions area by the magistrates’ courts committee acts as clerk to the justices for that petty sessions area.

(2)Subject to any rules made under [F111section 144 of the Magistrates’ Courts Act 1980]and to subsection (3) below, the person so acting shall be treated as having acted as deputy to the justices’ clerk appointed by the magistrates’ courts committee in that petty sessions area, and shall make a return to the justices’ clerk so appointed of all matters done before the justices and of all matters that the clerk to the justices is required to register or record.

(3)In relation to a petty sessions area in which there are two or more justices’ clerks appointed by the magistrates’ courts committee, any reference in subsection (2) above to the justices’ clerk so appointed shall be construed as a reference to such one of them as may be designated for the purpose by the committee.

Textual Amendments

F110Words in s. 30(1) repealed (1.4.1995) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 13, Sch. 9 Pt.II; S.I. 1995/685, arts. 7(1)(e),8(i)

F111Words substituted by Magistrates' Courts Act 1980 (c.43, SIF 82), s. 154(1), Sch. 7 para. 196

[F11230A Independence of justices’ clerk and staff in relation to legal functions.E+W

(1)When exercising the functions specified in subsection (2) below or giving advice to justices of the peace in an individual case—

(a)a justices’ clerk shall not be subject to the direction of the magistrates’ courts committee, the justices’ chief executive or any other person, and

(b)any member of the staff of a magistrates’ courts committee shall not be subject to the direction of that committee or of the justices’ chief executive (when acting as such).

(2)The functions referred to in subsection (1) above are functions conferred by rules made in accordance with section 144 of the M5Magistrates’ Courts Act 1980 by virtue of section 28(1) or (1A) of this Act.]

Textual Amendments

F112S. 30A inserted (1.11.1994) by 1994 c. 29, s.78; S.I. 1994/2594, art.3

Marginal Citations

M51980 c. 43.