(1)In relation to each petty sessions area, the committee shall from time to time determine—
(a)whether court security officers should be provided, that is to say, persons whose duty it is to maintain order in any court-house to which they are for the time being assigned by the committee; and
(b)if so, how many such officers should be provided, and whether they should be provided by the committee or by the [F1paying authority or authorities].
(2)As soon as practicable after the making of a determination under subsection (1)(b) above, the committee or, as the case may be, the [F1paying authority or authorities] shall provide the required number of court security officers, on such terms and conditions as they may determine—
(a)by employing persons to act as court security officers; or
(b)by entering into a contract with another person for the employment by him of persons to act as such officers.
(3)Before making any determination under subsection (1) or (2) above F2. . ., the committee shall consult with the [F3paying authority or authorities].
(4)Where, [F4any paying authority] is aggrieved by any determination made by the committee under subsection (1) or (2) above, the authority may, within one month from the receipt by the authority of written notice of the determination, appeal to the [F5Lord Chancellor], whose decision shall be binding on the committee and the authority.
(5)Any determination which, in relation to a petty sessions area which [F6falls wholly or partly within]the inner London area, is made by the committee under subsection (1) or (2) above, other than a determination that court security officers should not be provided for that area, shall not have effect unless it is confirmed, with or without modifications, by the [F5Lord Chancellor].
[F7(6)In this section—
“the committee”, in relation to a petty sessions area, means the magistrates’ courts committee whose area consists of or includes that petty sessions area, and
“paying authority”, in relation to a committee, has the same meaning as in section 55 of [F8the Justices of the Peace Act 1997]].
Textual Amendments
F1Words in s. 76(1)(b)(2) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 33(2); S.I. 1995/685, art. 4(1)(l), 7(2)(i)
F2Words in s. 76(3) repealed (1.4.1995) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. II para. 33(3)(a), Sch. 9 Pt. II; S.I. 1995/685, arts. 4(n), 8(u)
F3Words in s. 76(3) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 33(3)(b); S.I. 1995/685, art. 4(1)(l), 7(2)(i)
F4Words in s. 76(4) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 33(4); S.I. 1995/685, art. 4(1)(l), 7(2)(i)
F5Words in s. 76(4)(5) substituted (1.4.1992) by S.I. 1992/709, art. 2(3), Sch. 1.
F6Words in s. 76(5) substituted (27.7.1999) by 1999 c. 22, ss. 76, 108(3)(c), Sch. 10 para. 39 (with s. 107, Sch. 14 para. 7(2))
F7S. 76(6) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 33(6); S.I. 1995/685, arts. 4(1)(l), 7(2)(i)
F8Words in s. 76(6) substituted (19.6.1997) by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 29(2)
Modifications etc. (not altering text)
C1S. 76 amended (temp.)(1.4.1995) by S.I. 1995/685, art. 6(2)(c)
S. 76 modified (19.6.1997) by 1997 c. 25, ss. 73(1), 74(1), Sch. 4 para. 7(2)(d)(ii)
C2Functions of the Secretary of State under s. 76(4)(5) transferred (1.4.1992) to the Lord Chancellor by S.I. 1992/709, art. 2(1)(c), Sch. 1.
S. 76(3)(4) excluded (19.6.1997) by 1997 c. 25, ss. 73(1), 74(1), Sch. 4 para. 7(2)(e)
Commencement Information
I1S. 76 wholly in force at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 1.
