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Justices of the Peace Act 1979

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This is the original version (as it was originally enacted).

23Powers and duties of committee as to petty sessional divisions

(1)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 areas may at any time submit to the Secretary of State a draft order making such provision about the division of the county, district or 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 Secretary of State, to review the division of the county, district or area, as the case may be, or any part thereof into petty sessional divisions and, on completion of the review, to submit to the Secretary of State 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 Secretary of State 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 Secretary of State under subsection (2) above, or the Secretary of State 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 a non-metropolitan county or metropolitan district or any of the outer London areas ceasing 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 areas which is not for the time being so divided.

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

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