Modifications etc. (not altering text)
C1Pt. VI (ss. 55–62) extended by Magistrates' Courts Act 1980 (c.43, SIF 82), s. 87(4)
C2Pt. VI (ss. 55–62) amended by Magistrates' Courts Act 1980 (c.43, SIF 82), s. 87A(2) (as inserted by Criminal Justice Act 1988 (c.33, SIF 39:1), ss. 62(1), 123, Sch. 8 para. 16)
(1)The Receiver shall provide such court houses and other accommodation, and such furniture, books and other things, as the committee of magistrates may determine to be proper for the due transaction of the business, and convenient keeping of the records and documents, of magistrates’ courts in the inner London area (including [F1family proceedings courts]and including [F2youth courts] for that area and the City of London) or for enabling the justices’ clerks for that area (or for [F2youth courts] for that area and the City) to carry out their duties; but any determination under this subsection shall not have effect unless confirmed, with or without modifications, by the [F3Lord Chancellor].
(2)The Receiver shall pay out of the metropolitan police fund—
(a)any expenses of the committee of magistrates, of such amount and of such a nature as may be approved by the [F3Lord Chancellor];
[F4(b)the sums payable by way of salary or expenses to justices’ clerks and other officers employed by the committee of magistrates and the remuneration of any court security officers employed (whether by that committee or the Receiver) under section 76(2)(a) of the Criminal Justice Act 1991, together with—
(i)secondary Class I contributions payable in respect of any such officers under Part I of the [F5Social Security Contributions and Benefits Act 1992], and
(ii)state scheme premiums so payable under Part III of the Social Security Pensions Act 1975;
(bb)the sums payable under any contract entered into (whether by the committee of magistrates or the Receiver) under section 76(2)(b) of the Criminal Justice Act 1991;]
(c)any superannuation benefits payable in respect of such clerks and other officers under any enactment or instrument applied to them by regulations having effect in accordance with section 15(9) of the M1Superannuation (Miscellaneous Provisions) Act 1967, other than benefits payable by [F6the London Residuary Body], and any superannuation contributions and other payments for which the committee of magistrates may be liable as their employer under any such enactment or instrument.
[F7(2A)Nothing in subsection (1) or (2) above shall require the Receiver to incur any expenditure or make any payment which would—
(a)cause the net cost to him in any year of the matters mentioned in subsection (1) of section 59 of this Act to exceed the amount which, in relation to the Receiver and that year, is for the time being determined by the [F3Lord Chancellor] under subsection (3)(b) of that section; or
(b)cause his capital expenditure in any year in pursuance of functions under this Part of this Act to exceed the amount which, in relation to the Receiver and that year, is for the time being determined by the [F3Lord Chancellor] under subsection (4)(b) of that section;
and in determining any such net cost as is mentioned in paragraph (a) above there shall be disregarded any such capital expenditure as is mentioned in paragraph (b) above.]
(3)Without prejudice to subsection (2) above, the expenses of and incidental to the magistrates’ courts for the inner London area, except the salaries and superannuation allowances of metropolitan stipendiary magistrates, shall be paid out of the metropolitan police fund; and, if any question arises as to what expenses are expenses of or incidental to any such court, the question shall be determined by the [F3Lord Chancellor], with the concurrence of the Treasury so far as the question affects the amount of any charge on the Exchequer.
(4)Any accommodation provided under this section for any magistrates’ court or justices’ clerk may be outside the area for which the court or clerk acts, and, if outside that area, shall be deemed to be in that area for the purposes of the jurisdiction of the court.
(5)The [F3Lord Chancellor], after consultation with the committee of magistrates, may assign court houses and other accommodation either to petty sessional divisions of the inner London area or to particular magistrates’ courts for that area (including [F1family proceedings courts]and including [F2youth courts] for that area and the City of London) and may alter any assignment under this subsection.
Textual Amendments
F1Words in s. 58(1)(5) 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)
F2Words in s. 58(1)(5) 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.
F3Words in s. 58 substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).
F4S. 58(2)(b)(bb) substituted (1.4.1992) for s. 58(2)(b) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 79(2); S.I. 1992/333, art. 2(1), Sch. 1 .
F5Words in s. 58(2)(b) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 58.
F6Words in s. 58(2)(c) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 60(6)
F7S. 58(2A) inserted (31. 10. 1991) by Criminal Justice Act 1991 (c. 53. SIF 39:1), s. 93(2); S.I. 1991/2208, art. 2(4), Sch. 3.
Marginal Citations