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- Point in Time (01/11/1994)
- Original (As enacted)
Version Superseded: 01/04/1995
Point in time view as at 01/11/1994. This version of this part contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Justices of the Peace Act 1979 (repealed 19.6.1997), Part III.
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(1)Metropolitan stipendiary magistrates shall be appointed by Her Majesty, and Her Majesty shall from time to time appoint such number of persons as is necessary; but the number of metropolitan stipendiary magistrates shall not at any time exceed sixty or such larger number as Her Majesty may from time to time by Order in Council specify.
(2)A person shall not be qualified to be appointed a metropolitan stipendiary magistrate unless he [F1has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990].
(3)The Lord Chancellor shall designate one of the metropolitan stipendiary magistrates to be the chief metropolitan stipendiary magistrate.
(4)The following provisions shall apply to each metropolitan stipendiary magistrate, that is to say—
(a)he shall by virtue of his office be a justice of the peace for each of the London commission areas and for the counties of Essex, Hertfordshire, Kent and Surrey;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(c)he may be removed from office by the Lord Chancellor for inability or misbehaviour.
(5)A metropolitan stipendiary magistrate who is by virtue of his office a justice of the peace for any area mentioned in subsection (4) above shall not, by reason only of his being a justice of the peace for that area by virtue of that office, be qualified to be chosen under section 17(1) of this Act as chairman or deputy chairman of the justices for a petty sessional division of that area or to vote under that subsection at the election of any such chairman or deputy chairman.
(6)Section 14 of this Act shall apply to metropolitan stipendiary magistrates as well as to other stipendiary magistrates in England or Wales.
(7)Her Majesty shall not be recommended to make an Order in Council under subsection (1) above unless a draft of the Order has been laid before Parliament and approved by resolution of each House.
Textual Amendments
F1Words substituted by Courts and Legal Services Act 1990 (c.41, SIF 37), s. 71(2), Sch. 10 para. 44(2)
F2S. 31(4)(b) repealed by Courts and Legal Services Act 1990 (c.41, SIF 76:1), s. 125(7), Sch. 20
(1)The Lord Chancellor may assign metropolitan stipendiary magistrates to petty sessional divisions constituted under section 36 of this Act and may alter any assignment under this subsection; but the assignment of a magistrate to a particular division shall not preclude him from exercising jurisdiction for any other division of the inner London area.
(2)Metropolitan stipendiary magistrates shall sit at such courthouses provided for the inner London area under the following provisions of this Act, 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)The chief metropolitan stipendiary magistrate shall cause to be held, at least once in every quarter of a year, a meeting of all the metropolitan stipendiary magistrates, or such of them as are able to attend, and, if present, shall preside over the meeting.
(1)In the inner London area the jurisdiction conferred on justices of the peace by any enactment, by their commission or by the common law shall be exercisable both by metropolitan stipendiary magistrates and by justices of the peace for that area who are not metropolitan stipendiary magistrates (hereafter in this Part of this Act referred to as “lay justices”).
(2)Metropolitan stipendiary magistrates shall continue to exercise the jurisdiction conferred on them as such by any enactment; and the inner London area (having taken the place of the metropolitan stipendiary courts area) shall continue to be the area for which magistrates’ courts are to be held by metropolitan stipendiary magistrates.
(3)Lay justices for the inner London area may, in addition to exercising the jurisdiction mentioned in subsection (1) above, exercise the jurisdiction conferred on metropolitan stipendiary magistrates as such by any enactment except the following, that is to say—
(a)the Extradition Acts 1870 to 1935;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(c)section 25 of the M1Children and Young Persons Act 1933 (restrictions on persons under 18 going abroad for the purpose of performing for profit); and
(d)the M2Fugitive Offenders Act 1967;
but a magistrates’ court consisting of lay justices for the inner London area shall not by virtue of this subsection try an information summarily or hear a complaint except when composed of at least two justices.
(4)Without prejudice to subsection (1) above, subsections (3) to (5) of section 16 of this Act shall have effect in relation to a metropolitan stipendiary magistrate as they have effect in relation to a stipendiary magistrate appointed under section 13 of this Act.
Textual Amendments
F3S. 33(3)(b) repealed by Pilotage Act 1987 (c.21, SIF 111), s. 32(5), Sch. 3
Marginal Citations
(1)If it appears to the Lord Chancellor that it is expedient to do so in order to avoid delays in the administration of justice in the inner London area, he may authorise any person, who [F4has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990], to act as a metropolitan stipendiary magistrate during such period (not exceeding three months at any one time) as the Lord Chancellor thinks fit.
(2)All things required or authorised by law to be done by, to or before a metropolitan stipendiary magistrate may be done by, to or before any person acting as such in pursuance of this section.
[F5(2A)Sections 44, 45 and 53 of this Act shall apply to a person acting as a metropolitan stipendiary magistrate under subsection (1) as they apply to a metropolitan stipendiary magistrate.]
(3)The Lord Chancellor may, out of moneys provided by Parliament, pay to any person authorised to act under this section such remuneration as he may, with the approval of the Minister for the Civil Service, determine.
Textual Amendments
F4Words substituted by Courts and Legal Services Act 1990 (c.41, SIF 37), s. 71(2), Sch. 10 para. 44(2)
Valid from 01/04/1995
(1)There shall be established for the purposes of this section a committee consisting of the following members—
(a)the chief metropolitan stipendiary magistrate,
(b)six lay justices appointed by the chairmen of the petty sessional divisions of the inner London area, and
(c)six metropolitan stipendiary magistrates appointed by the chief metropolitan stipendiary magistrate.
(2)The lay justices eligible for appointment under paragraph (b) of subsection (1) above include any of the chairmen referred to in that paragraph.
(3)The members of the committee shall hold office for a period of twelve months, but shall be eligible for re-appointment.
(4)The chief metropolitan stipendiary magistrate shall be the chairman of the committee.
(5)It shall be the duty of the committee—
(a)to keep under consideration the division of work in the inner London area between the metropolitan stipendiary magistrates and the lay justices, and
(b)to give general directions to any magistrates’ courts committee for any area which consists of or includes the whole or any part of the inner London area as to the division of the work.]
Textual Amendments
F6S. 34A inserted (1.4.1995) by 1994 c. 29, s.81; S.I. 1995/685, art.4(g)
Valid from 01/04/1995
Textual Amendments
F7Cross heading and s. 34B inserted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. I para.15; S.I. 1995/685, art.7(1)(g)
(1)The inner London magistrates’ courts committee shall appoint one or more justices’ clerks for the youth courts and family proceedings courts for the metropolitan area.
(2)Subsections (2) to (4), (5)(b), (6) and (7) of section 25 of this Act have effect in relation to any justices’ clerk appointed under subsection (1) above as they have effect in relation to a justices’ clerk for a petty sessions area, but with the substitution for any reference to the magistrates for a petty sessions area of a reference to the justices of the peace who are members of the youth court panel for the metropolitan area or (as the case may be) of a family panel for that area, other than any such justice whose name is for the time being entered on the supplemental list.
(3)In this section—
“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, all the magistrates courts’ committees for areas which consist of or include any part of the inner London area acting jointly; and
“the metropolitan area” means the inner London area and the City of London.
Textual Amendments
F8S. 34B inserted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. I para.15; S.I. 1995/685, art.7(1)(g)
Textual Amendments
F9S. 35 repealed (1.11.1994 for specified purposes and 1.4.1995 for all remaining purposes) by 1994 c. 29, ss. 79(1), 93, Sch. 9 Pt.II; S.I. 1994/2594, art.4; S.I. 1995/685, art.3
(1)The [F10Lord Chancellor] may, on the recommendation of or after consultation with the committee of magistrates, by order made by statutory instrument make provision for the division of the inner London area or any part of that area into petty sessional divisions.
(2)It shall be the duty of the committee of magistrates from time to time, and also when directed to do so by the [F10Lord Chancellor], to take into consideration the division of the inner London area into petty sessional divisions and to recommend to the [F10Lord Chancellor] (giving reasons for their recommendation) whether or not to make any changes in those divisions and, if changes are recommended, what changes; and the [F10Lord Chancellor] shall not act otherwise than in accordance with any recommendation under this subsection except after consultation with the committee.
(3)An order under this section may contain transitional and other consequential provisions.
Textual Amendments
F10Words in s. 36(1)(2) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).
(1)The committee of magistrates may at any time submit to the [F12Lord Chancellor] a draft order altering the name of any petty sessions area in the inner London area.
(2)Where the committee submit a draft order to the [F12Lord 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.
(3)Any order under this section may contain transitional and other consequential provisions.]
Textual Amendments
F11S. 36A inserted by Criminal Justice Act 1988 (c.33, SIF 39:1), ss. 123(6), 164(1)(3), Sch. 8 para. 16
F12Words in s. 36A(1)(2) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).
(1)It shall be the duty of the committee of magistrates, subject to the following provisions of this section, to appoint—
(a)a principal chief clerk for the inner London area, one or more chief clerks for each petty sessional division of that area and one or more chief clerks for the [F13youth courts][F14and family proceedings courts]for that area and the City of London, and
(b)such [F15senior deputy chief clerks,]deputy chief clerks and other officers as may be necessary;
and the committee shall, where there is more than one chief clerk for such a division or for those courts, designate one of them to be the senior chief clerk for that division or for all those courts, as the case may be necessary [F16and, where there is only one, designate him];
(2)The officers mentioned in subsection (1)(a) above shall rank as justices’ clerks and be treated as such for the purposes of the enactments relating to justices’ clerks, including (except where otherwise expressly provided) any such enactment contained in this Act.
(3)The justices’ clerks [F17senior deputy chief clerks]and deputy chief clerks mentioned in subsection (1) above shall not be appointed or dismissed by the committee of magistrates without the approval of the [F18Lord Chancellor], and—
(a)the committee shall inform the [F18Lord Chancellor] of the age, qualification and experience of any person proposed to be appointed such a clerk, and, if the [F18Lord Chancellor] so requires, of any other person offering himself for the appointment; and
(b)before approving the dismissal of any such clerk the [F18Lord Chancellor] shall consider any representations made to him by the clerk.
(4)The number of justices’ clerks and of other officers employed by the committee of magistrates in each grade below that of principal chief clerk, the grades in which such officers below that of deputy clerk are to be employed and the terms and conditions of employment of all officers employed by the committee shall be such as may from time to time be determined by the committee.
(5)The following provisions of this subsection shall have effect with respect to determinations under subsection (4) above and related matters, that is to say—
(a)no such determination shall have effect unless confirmed, with or without modifications, by the [F18Lord Chancellor];
(b)the committee of magistrates shall not make or refuse to make any such determination with respect to terms and conditions of employment except after consultation with persons appearing to the committee to represent the interests of the officers affected;
(c)any refusal of the committee to make any such determination with respect to any terms and conditions of employment may be reviewed by the [F18Lord Chancellor], and on the review the [F18Lord Chancellor] may confirm the refusal or make such determination with respect to those terms and conditions as he thinks fit;
(d)in the case of any matter which falls to be determined under subsection (4) above and affects officers employed by the committee who immediately before the 1st April 1965—
(i)were clerks or other officers of metropolitan stipendiary courts, or
(ii)were justices’ clerks or officers employed by the magistrates’ courts committee for the county of London,
the functions of the [F18Lord Chancellor] under paragraphs (a) to (c) above shall be exercised in such manner as he thinks necessary for protecting the interests of those officers.
(6)The [F18Lord Chancellor] may by order made by statutory instrument amend subsection (1)(a) above by substituting for or adding to the offices therein mentioned such other offices as he thinks fit; and any such order may contain transitional and other consequential provisions (including provisions amending the preceding provisions of this section).
(7)Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F13Words in s. 37(1) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(1)(2)(k); S.I. 1992/333, art. 2(2), Sch.2
F14Words in s. 37(1)(a) inserted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 82), s. 10(5); S.I. 1991/1364, art. 2, Schedule
F15Words in s. 37(1)(b) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 165(1)–(3), Sch. 8 para. 16
F16Words in s. 37(1) added by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 165(1)–(3), Sch. 8 para. 16
F17Words in s. 37(3) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 165(1)(4), Sch. 8 para. 16
F18Words in s. 37 substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).
(1)It shall be the duty of the committee of magistrates to keep under consideration the division of work in the inner London area between the metropolitan stipendiary magistrates and the lay justices, and to give general directions as to the division of the work.
[F19(2)The chief metropolitan stipendiary magistrate shall, subject to and in accordance with any directions given by the committee of magistrates, carry on the day to day administration of the magistrates’ courts in the inner London area (including [F20family proceedings courts]and including [F21youth courts] for that area and the City of London).]
(3)The principal chief clerk for the inner London area shall assist the chief metropolitan stipendiary magistrate to perform his duty under subsection (2) above of carrying on the day to day administration of the magistrates’ courts in that area.
(4)In addition to exercising the functions conferred on them by, or by virtue of, the preceding provisions of this Part of this Act, the committee of magistrates shall consider any matters referred to them by the Lord Chancellor F22. . . and, if required to do so, shall make recommendations on any matter so referred.
Textual Amendments
F19S. 38(2) ceased to have effect (1.11.1994 for specified purposes and otherwiseprosp.) by virtue of 1994 c. 29, ss. 79(4), 94(1); S.I. 1994/2594, art. 4.
F20Words in s. 38(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92(11), 108(6), Sch. 11 Pt. II para. 7(c)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F21Words in s. 38(2) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(1)(2)(k); S.I. 1992/333, art. 2(2), Sch. 2
F22Words in s. 38(4) omitted (1.4.1992) by virtue of S.I. 1992/709, art. 2(5).
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