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 by secret ballot.

Subject to subsection (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.

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 F1family 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.

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.

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.

No rules shall be made under this section except on the advice of, or after consultation with, the rule committee established under F2section 144 of the Magistrates’ Courts Act 1980.

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.

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 in relation to justices’ clerks, to the division into petty sessional divisions of non-metropolitan counties, metropolitan districts and the outer London F3boroughs, to the provision of courses of instruction for justices and to other matters of an administrative character as are or may be provided by or under this Act or as they may be authorised by the F4Lord Chancellor to undertake.

Any order of the F4Lord Chancellor under subsection (3) above may, if it relates to an area for which a magistrates’ courts committee is already acting, contain such consequential and transitional provisions for the preservation of rights and liabilities of that committee or otherwise as appear to the F4Lord Chancellor to be necessary or expedient.

The magistrates’ courts committee for any area may, with his consent, co-opt a judge of the High Court, Circuit judge or Recorder to serve as a member of the committee.

The keeper of the rolls of a county shall by virtue of his office be a member of any magistrates’ courts committee acting for the county or any district thereof; and the keeper of the rolls of a London commission area shall by virtue of his office be a member of any magistrates’ courts committee acting for F8any borough inthat area.

The magistrates’ courts committee for an area to which section 19(2) of this Act applies which is divided into petty sessional divisions shall (in addition to any person who is a member of the committee by virtue of subsection (2) or subsection (3) above) consist of such number of magistrates chosen from amongst themselves by the magistrates for each of the petty sessional divisions of that area as may be determined in accordance with regulations made by the F9Lord Chancellor under the next following section.

The magistrates’ courts committee for an area to which section 19(2) of this Act applies which is not divided into petty sessional divisions shall (in addition to any person who is a member of the committee by virtue of subsection (2) or subsection (3) above) consist of such number of magistrates chosen from amongst themselves by the magistrates for that area as those magistrates may determine.

The F10Lord Chancellor may by statutory instrument make general regulations about the constitution, procedure and quorum of magistrates’ courts committees; but (except as provided by subsection (2) below) any such regulations shall have effect subject to the provisions of section 20 of this Act.

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.

The F10Lord Chancellor may give general or special directions with respect to summoning the first meeting of magistrates’ courts committees.

A magistrates’ courts committee shall appoint one of its members to be chairman of the committee and, subject to subsection (2) below, shall also appoint a clerk to the committee and may appoint such other officers (if any) as the F11Lord Chancellor may approve.

Where the magistrates for a petty sessions area are required to meet for the purpose of carrying out any functions under section 20 of this Act, a meeting shall be convened by the magistrates’ courts committee or, if there is no such committee in being or the F11Lord Chancellor considers it appropriate, by the F11Lord Chancellor.

A magistrates’ courts committee may act through sub-committees appointed by them.

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

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.

A magistrates’ courts committee shall be a body corporate.

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

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

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.

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.

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

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

Subject to the provisions of this and the next following section, a magistrates’ courts committee acting for a non-metropolitan county or metropolitan district or any of the outer London F13boroughsmay at any time submit to the F14Lord Chancellor a draft order making such provision about the division of the county, district or F13boroughor any part thereof into petty sessional divisions as the committee think fit.

It shall be the duty of such a committee, if directed to do so by the F14Lord Chancellor, to review the division of the county, district or F13borough, as the case may be, or any part thereof into petty sessional divisions and, on completion of the review, to submit to the F14Lord Chancellor either a draft order under subsection (1) above or a report giving reasons for making no change.

An order under this section may provide for a non-metropolitan county or metropolitan district or any of the outer London F13boroughsceasing to be divided into petty sessional divisions, and a direction under subsection (2) above may be given with respect to the division of a non-metropolitan county or metropolitan district or any of the outer London F13boroughswhich is not for the time being so divided.

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

A magistrates’ courts committee submitting to the F15Lord 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 F15Lord 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 council of the non-metropolitan county F18, metropolitan district or outer London borough concerned, to the magistrates for any existing petty sessional division in the area and, if a non-metropolitan county is concerned, to every interested authority.

Before making any order under section 23 of this Act the F15Lord 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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

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 in a F20non-metropolitan county, metropolitan district or outer London borough, except powers conferred by any other provision of this Act.

Subject to the provisions of this and the next section, a magistrates’ courts committee for an area mentioned in section 19(2) above other than the City of London may at any time submit to the F23Lord 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.

Subject to the provisions of this and the next following section, where such a committee submit a draft order to the F23Lord 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.

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

A magistrates’ courts committee submitting to the F24Lord 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 F24Lord 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, metropolitan district or outer London borough concerned and, if a non-metropolitan county is concerned, every interested authority.

Before making any order under section 24A of this Act the F24Lord 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.

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.

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.

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

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.

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.

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.

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.

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.

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

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.

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.

Justices’ clerks shall be appointed by the magistrates’ courts committee and shall hold office during the pleasure of the committee; and a magistrates’ courts committee may appoint more than one justices’ clerk for any area.

A magistrates’ courts committee shall consult the magistrates for any petty sessional division on the appointment or removal of a justices’ clerk for the division; and the F27Lord Chancellor, before approving the appointment or removal of a justices’ clerk for such a division, shall consider any representations made to him by the magistrates for the division, and before approving the removal of any such clerk shall consider any representations made to him by the clerk.

The magistrates’ courts committee shall inform the F27Lord Chancellor of the age, qualification and experience of any person proposed to be appointed a justices’ clerk and, if the F27Lord Chancellor so requires, of any other person offering himself for the appointment.

Subsections (1) to (4) above shall not apply to the inner London area.

A lower as well as an upper limit of age may be prescribed under subsection (1) above for appointments to any class or description of clerkship.

A person may be appointed a justices’ clerk notwithstanding that he is over the upper limit of age mentioned in subsection (1) of this section if he has served continuously in service to which subsection (3) above applies from a time when he was below that limit to the time of appointment.

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.

A justices’ clerk shall be paid a salary for his personal remuneration, and the salary shall be deemed to be remuneration for all business which he may by reason of his office as justices’ clerk be called upon to perform, other than any duties as secretary to a licensing planning committee under Part VII of the M1Licensing Act 1964.

A justices’ clerk may be paid a single salary in respect of two or more clerkships.

Subject to subsection (5) below, a justices’ clerk shall be provided with the accommodation and staff, and the furniture, books and other things, proper to enable him to carry out his duties.

A justices’ clerk shall, in addition to his salary, be paid the amount of any expenses of a description specified when his salary is determined, being expenses incurred by him with the general or special authority of the magistrates’ courts committee.

Where a justices’ clerk devotes part of his time to work other than the duties appertaining to his clerkship or clerkships, he may by arrangement with the magistrates’ courts committee make use for the purpose of those duties of any accommodation, staff or equipment which he has for other purposes; and the sums payable to him under subsection (4) above may include payments for accommodation, staff or equipment so provided by him, whether or not he thereby incurs additional expense.

Any staff provided for a justices’ clerk shall be employed by the magistrates’ courts committee but shall work under the direction of the clerk, and subject to this Act the committee may make any arrangements they think fit for staff to be engaged and dismissed, and the terms of their employment fixed, on behalf of the committee.

Before any such staff are engaged or dismissed (otherwise than by the clerk himself on behalf of the committee) the clerk shall be consulted.

The power conferred by F30section 144 of the Magistrates’ Courts Act 1980to 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.

Subsections (1) to (7) above shall not apply to the inner London area.

Rules made in accordance with F31section 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.

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.

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.

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.

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

Subsections (1) and (2) above shall have effect without prejudice to the provisions of F33F34sections 59 and 59A of the Magistrates’ Courts Act 1980(periodical payments through justices’ clerk F35and proceedings by the clerk, etc.) or F33section 62 of that Act(relating to payments required to be made to a child).

The provisions of this section shall have effect where, in any petty sessions area outside the inner London area, 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.

Subject to any rules made under F36section 144 of the Magistrates’ Courts Act 1980and 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.

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.

The functions referred to in subsection (1) above are functions conferred by rules made in accordance with section 144 of the M4Magistrates’ Courts Act 1980 by virtue of section 28(1) or (1A) of this Act.