Magistrates’ Courts Act 1980

Rules about [F1 youth courts] E+W

Textual Amendments

F1 Words in s. 146 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(n); S.I. 1992/333, art. 2(2), Sch.2

146 Rules relating to [F2 youth court panels] and composition of [F3 youth courts]. E+W

(1) Without prejudice to the generality of the power to make rules under section 144 above relating to the procedure and practice to be followed by magistrates’ courts, provision may be made by such rules with respect to any of the following matters, namely,—

(a) the formation and revision of [F2 youth court panels], that is to say, panels of justices specially qualified to deal with juvenile cases and the eligibility of justices to be members of such panels;

(b) the appointment of persons as chairmen of [F3 youth courts]; and

(c) the composition of [F3 youth courts].

(2) Rules making any such provisions as are referred to in subsection (1) above may confer powers on the Lord Chancellor with respect to any of the matters specified in the rules and may, in particular, provide for the appointment of [F2 youth court panels] by him and for the removal from a [F2 youth court panel] of any justice who, in his opinion, is unsuitable to serve on a [F3 youth court].

(3) Rules made by virtue of this section may make different provision in relation to different areas for which [F2 youth court panels] are formed; and in the application of this section to the county palatine of Lancaster, for any reference in subsection (2) above to the Lord Chancellor there shall be substituted a reference to the Chancellor of the Duchy.

(4) Nothing in this section or in any rules made under section 144 above shall affect—

(a) the areas for which [F2 youthcourt panels] are formed and [F3 youth courts] are constituted;

(b) the provisions of Part I of Schedule 2 to the M1 Children and Young Persons Act 1963 (and, as it has effect by virtue of section 17(1) of that Act, Part I of Schedule 2 to the M2 Children and Young Persons Act 1933) with respect to the making of recommendations and orders relating to the formation of combined [F2 youth court panels]; or

(c) the provisions of paragraph 14 of that Schedule relating to the divisions of the metropolitan area for which [F3 youth courts] sit;

but rules under section 144 above may repeal, either generally or with respect to any part of the metropolitan area, any provision contained in paragraphs 15 to 18 of that Schedule (which contain provisions applicable in the metropolitan area with respect to certain of the matters referred to in subsection (1) above) and in subsections (2) and (3) of section 12 of the M3 Administration of Justice Act 1964 (which amend those paragraphs).

(5) In this section “the metropolitan area” means the [F4 area consisting of the inner London boroughs] and the City of London.

Textual Amendments

F2 Words in s. 146 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(e); S.I. 1992/333, art. 2(2), Sch. 2

F3 Words in s. 146 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(n); S.I. 1992/333, art. 2(2), Sch. 2

F4 Words in s. 146(5) substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3), Sch. 10 paras. 33, 35 (with s. 107, Sch. 14 para. 7(2))

Marginal Citations

M1 1963 c. 37.

M2 1933 c. 12.

M3 1964 c. 42