Modifications etc. (not altering text)
C1Pt. 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.
(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
F1S. 24C inserted (1.11.1994) by 1994 c. 29, s.74; S.I. 1994/2594, art.3
(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 [F2as 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 [F3Lord Chancellor] to undertake.
(2)Subject to [F4section 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 non-metropolitan county;
(b)every metropolitan district;
(c)[F5every outer London borough];
[F6(cc)the inner London area; and]
(d)the City of London.
F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Words 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
F3Words in s. 19(1)(3)(a)(4) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).
F4Words 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
F5Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(4)(b)
F6Words 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.
F7S. 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, arts.6, 7
Modifications etc. (not altering text)
C2Power to amend s. 19 conferred (5.7.1994) by 1994 c. 19, s. 55(3)(b).
(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
F8S. 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)
C3S. 20(3)(4) excluded (1.4.1995) by 1994 c. 29, s. 88(6); S.I. 1995/685, art. 4
(1)The [F9Lord Chancellor] may by statutory instrument make general regulations about the constitution, procedure and quorum of magistrates’ courts committees; but F10. . . any such regulations shall have effect subject to the provisions of section 20 of this Act.
[F11(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.]
[F12(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 [F9Lord Chancellor] may give general or special directions with respect to summoning the first meeting of magistrates’ courts committees.
Textual Amendments
F9Words in s. 21 substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).
F10Words in s. 21(1) repealed (1.11.1994) by 1994 c. 29, s. 93, Sch. 9 Pt.II; S.I. 1994/2594, art.7
F11S. 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
F12S. 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)
(1)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 [F13Lord Chancellor] may approve.
(2)Where there is a separate magistrates’ courts committee for an area to which section 19(2) of this Act applies which is not divided into petty sessional divisions, the clerk to the justices (that is to say—
(a)in the case of a non-metropolitan county, the county justices;
(b)in the case of a metropolitan district, the justices acting for that district;
(c)in the case of any of the outer London [F14boroughs], the justices [F14acting for that borough]; or
(d)in the case of the City of London, the justices for the City),
shall by virtue of his office be the clerk to the committee.
(3)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 [F13Lord Chancellor] considers it appropriate, by the [F13Lord Chancellor].
(4)A magistrates’ courts committee may act through sub-committees appointed by them.
(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.
Textual Amendments
F13Words in s. 22(1)(3) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).
F14Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(6)
Modifications etc. (not altering text)
C4S. 22 extended (1.11.1994) by 1994 c. 29, s. 69(8)(c); S.I. 1994/2594, art. 3.
(1)Subject to the provisions of this and the next following section, a magistrates’ courts committee F15. . . may at any time submit to the [F16Lord Chancellor] a draft order making such provision about the division of [F17their 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 [F16Lord Chancellor], to review the division of [F18their area], or any part thereof into petty sessional divisions and, on completion of the review, to submit to the [F16Lord 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 [F16Lord 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 [F16Lord Chancellor] under subsection (2) above, or the [F16Lord 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 [F19an 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 [F19an 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
F15Words 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
F16Words in s. 23(1)(2)(3)(a)(b) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).
F17Words 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
F18Words 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
F19Words 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
(1)Before submitting to the [F20Lord Chancellor] a draft order or a report under section 23 of this Act about any area, a magistrates’ courts committee—
(a)shall consult the [F21council of every] non-metropolitan county [F22, metropolitan district or F23. . . London borough][F24which 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 [F25concerning 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 [F20Lord 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 [F20Lord 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 [F26council of every] non-metropolitan county [F27, metropolitan district or F28. . . London borough [F29which 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 [F20Lord 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
(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 F31. . ., except powers conferred by any other provision of this Act [F32or 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 [F33concerning 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 [F20Lord Chancellor], effect important alterations in the draft order.
Textual Amendments
F20Words in s. 24(1)(2)(3)(6)(b) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).
F21Words 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
F22Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(a)(i)
F23Word 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
F24Words 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
F25Words inserted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(a)(ii)
F26Words 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
F27Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(b)
F28Word 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
F29Words 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
F30S. 24(4) repealed by Local Government Act 1985 (c.51, SIF 81:1), s. 102, Sch. 17
F31Words 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
F32Words 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
F33Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(d)
(1)Subject to the provisions of this and the next section, a magistrates’ courts committee F35. . . may at any time submit to the [F36Lord 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 [F36Lord 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.
[F37(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
F34Ss. 24A, 24B inserted by Criminal Justice Act 1988 (c.33, SIF 39:1), ss. 123(6), 164(1)(2), Sch. 8 para. 16
F35Words 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
F36Words in s. 24A(1)(2) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).
F37S. 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
(1)Before submitting to the [F38Lord Chancellor] a draft order under section 24A of this Act, a magistrates’ courts committee—
(a)shall consult the council of the non-metropolitan county, metropolitan district or [F39London 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 [F38Lord 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 [F38Lord 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 [F39London borough] concerned and, if a non-metropolitan county is concerned, every interested authority.
(3)Before making any order under section 24A of this Act the [F38Lord 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, 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 [F38Lord Chancellor], effect important alterations in the draft order.
Textual Amendments
F38Words in s. 24B(1)(2)(3)(4)(b) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).
F39Words 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