C1Part II Organisation of Functions of Justices
Magistrates’ courts committees
24 Procedure relating to s. 23.
1
Before submitting to the F1Lord Chancellor a draft order or a report under section 23 of this Act about any area, a magistrates’ courts committee—
a
b
in the case of a draft order F6concerning a non-metropolitan county, 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 F1Lord 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 F1Lord 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 F7council of every non-metropolitan county F8, metropolitan district or F9. . . London borough F10which 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 is concerned, to every interested authority.
3
Before making any order under section 23 of this Act the F1Lord 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
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 F12. . ., except powers conferred by any other provision of this Act F13or 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 F14concerning a non-metropolitan county, means the council of any district in the county 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 F1Lord Chancellor, effect important alterations in the draft order.
Magistrates’ courts committees
24 Procedure relating to s. 23.
1
Before submitting to the Lord Chancellor a draft order or a report under section 23 of this Act about any area, a magistrates’ courts committee—
a
shall consult the council of every non-metropolitan county , metropolitan district or F4. . . London boroughwhich 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 concerning a non-metropolitan county, 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 Lord 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 Lord 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 every non-metropolitan county , metropolitan district or F9. . . London borough which 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 is concerned, to every interested authority.
3
Before making any order under section 23 of this Act the Lord 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
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 F12. . ., except powers conferred by any other provision of this Act or 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 concerning a non-metropolitan county, means the council of any district in the county 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 Lord Chancellor, effect important alterations in the draft order.
Pt. 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.