Part IIIE+W Inner London Area

Provisions relating to committee of magistratesE+W

35 Committee of magistrates for inner London area.E+W

(1)No magistrates’ courts committee shall be set up under Part II of this Act for the inner London area, but instead there shall continue to be a committee (to be known as the “committee of magistrates”) set up for that area in accordance with the following provisions of this Part of this Act, with such functions in relation to—

(a)the division of that area into petty sessional divisions;

(b)the employment of clerks and other officers;

(c)the division of work between the metropolitan stipendiary magistrates and lay justices;

(d)the provision of courses of instruction for justices; and

(e)other matters of a financial or administrative character, as are or may be provided by or under this Act or as the committee may be authorised by the [F1Lord Chancellor] to undertake.

(2)The chief metropolitan stipendiary magistrate shall by virtue of his office be a member of the committee of magistrates.

(3)In addition to the chief metropolitan stipendiary magistrate, the committee of magistrates shall consist of the following members, that is to say—

(a)one lay justice chosen from amongst themselves by the lay justices for each petty sessional division;

(b)[F2one member of the juvenile court panel] for the inner London area and the City of London, chosen jointly by the members of that panel and by any chairmen of juvenile courts for that area and the City who are not members of that panel; and

[F3(bb)two members chosen, in such manner as may be prescribed by rules made for the purposes of this subsection, from any family panel or combined family panel for the inner London area]

(c)such number of metropolitan stipendiary magistrates nominated by the chief metropolitan stipendiary magistrate as is equal to the total number of members required to be chosen under paragraphs (a) and (b) above.

(4)The members of the committee of magistrates who are chosen or nominated under subsection (3) above shall hold office as such for the period of one year beginning on such date as the [F1Lord Chancellor] may direct, but may again be chosen or nominated as members of the committee.

(5)There shall be a chairman, a vice-chairman and deputy chairman of the committee of magistrates; and—

(a)the chief metropolitan stipendiary magistrate shall be the chairman;

(b)a metropolitan stipendiary magistrate chosen from amongst the members of the committee by the chief metropolitan stipendiary magistrate shall be vice-chairman; and

(c)a person chosen from amongst themselves by the lay justices who are members of the committee shall be the deputy chairman.

(6)Section 22 of this Act, with the exception of—

(a)so much of subsection (1) as relates to the chairman of a magistrates’ courts committee; and

(b)subsection (3),

shall apply to the committee of magistrates as it applies to a magistrates’ courts committee.

[F4(7)No rules shall be made under subsection (3)(bb) above except on the advice of, or after consultation with, the rule committee established under section 144 of the Magistrates’ Courts Act 1980.]

Textual Amendments

F1Words in s. 35 substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).