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Criminal Justice Act 1991, Section 76 is up to date with all changes known to be in force on or before 07 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In relation to each petty sessions area [F1outside Greater London], 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 [F2paying 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 [F2paying 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 F3. . ., the committee shall consult with the [F4paying authority or authorities].
(4)Where, [F5any 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 [F6Lord Chancellor], whose decision shall be binding on the committee and the authority.
[F7(4A)In relation to each petty sessions area within Greater London, the Greater London Magistrates’ Courts Authority shall from time to time determine—
(a)whether court security officers should be provided; and
(b)if so, how many such officers should be provided.
(4B)As soon as practicable after making a determination under subsection (4A)(b) above, the Greater London Magistrates’ Courts Authority 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.]
F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(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 [F10the Justices of the Peace Act 1997]].
Textual Amendments
F1Words in s. 76(1) inserted (1.4.2001) by 1999 c. 22, s. 83(3), Sch. 12 para. 7 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(i) (with transitional provisions and savings in Sch. 2 para. 2)
F2Words 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)
F3Words 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)
F4Words 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)
F5Words 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)
F6Words in s. 76(4)(5) substituted (1.4.1992) by S.I. 1992/709, art. 2(3), Sch. 1.
F7S. 76(4A)(4B) inserted (1.4.2001) by 1999 c. 22, s. 83(3), Sch. 12 para. 7 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(i) (with transitional provisions and savings in Sch. 2 para. 2)
F8S. 76(5) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(6) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(i) (with transitional provisions and savings in Sch. 2 para. 2)
F9S. 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)
F10Words 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.
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