Justices of the Peace Act 1997 (repealed)

Inner London area E+W

7 (1) If section 83(1) of the 1994 Act (administrative and financial arrangements for magistrates’ courts) has not come into force in relation to the inner London area before the commencement of this Act then, until the relevant commencement date, sections 55 and 56 of this Act shall not apply in relation to that area.

(2) If section 83(2) of the 1994 Act (repeal of sections 57 and 58 of 1979 Act), so far as it relates to section 58 of the 1979 Act (duties of Receiver in relation to inner London area), and the repeal of section 58 of the 1979 Act by Part II of Schedule 9 to the 1994 Act have not come into force before the commencement of this Act then, until the relevant commencement date—

(a) notwithstanding the repeal of the 1979 Act by this Act—

(i) section 58 of the 1979 Act shall continue to have effect; and

(ii) section 70 of the 1979 Act (interpretation) shall continue to have effect for the purpose of interpreting section 58 of that Act;

(b) section 54 of this Act shall have effect as if the Receiver for the Metropolitan Police District were the paying authority for the purposes of that section in respect of a justice or justices’ clerk acting for the inner London area;

(c) any reference in any enactment to Part VI of this Act (including the reference in section 57(1)(a) of this Act) shall have effect as if it included a reference to section 58 of the 1979 Act;

(d) the Receiver for the Metropolitan Police District shall be—

(i) the paying authority and the responsible authority for the purposes of section 82 of the M1 Road Traffic Offenders Act 1988 (accounting for fixed penalties); and

(ii) the paying authority for the purposes of section 76 of the M2 Criminal Justice Act 1991 (provision of court security officers)

in relation to the magistrates’ courts committee for the inner London area;

(e) the provisions of subsections (3) and (4) of section 76 of the Criminal Justice Act 1991 shall not apply in relation to the magistrates’ courts committee for the inner London area; and

(f) the repeals by this Act of—

(i) section 60(6) of the M3 Local Government Act 1985;

(ii) paragraph 7 of Schedule 11 to the M4 Children Act 1989, so far as that repeal relates to paragraph (c) of that paragraph; and

(iii) paragraph 40(2)(k) of Schedule 11 to the Criminal Justice Act 1991,

shall not come into force.

(3) If paragraph 1 of Schedule 8 to the 1994 Act has not come into force before the commencement of this Act then, until the relevant commencement date, section 10 of this Act shall have effect—

(a) as if in subsection (7), after paragraph (a), there were inserted—

“(aa) in relation to a justice for the inner London area, the Receiver for the Metropolitan Police District;”; and

(b) with the omission of subsections (8)(a) and (9).

(4) If paragraph 19(3) of Schedule 8 to the 1994 Act has not come into force in relation to the inner London area before the commencement of this Act then, until the relevant commencement date, section 57 of this Act shall have effect in relation to the inner London area as if the Receiver for the Metropolitan Police District were the responsible authority for the purposes of that section.

(5) If paragraph 23 of Schedule 8 to the 1994 Act has not come into force before the commencement of this Act then, until the relevant commencement date, paragraph 27(2) below shall have effect as if the reference to sections 55 and 56 of this Act included a reference to section 58 of the 1979 Act.

(6) If the repeal by Part II of Schedule 9 to the 1994 Act of words in section 59(1)(b) of the 1979 Act has not come into force before the commencement of this Act then, until the relevant commencement date, section 57 of this Act shall have effect as if, at the end of subsection (1)(b), there were inserted the words “or, in the case of the Receiver for the Metropolitan Police District, his corresponding functions”.

(7) “Relevant commencement date”, in relation to any of sub-paragraphs (1) to (6) above, means—

(a) if before the commencement of this Act a date on or after the date of that commencement has been appointed by an order under section 94 of the 1994 Act (commencement and transitional provisions) as the date on which the provision (or provisions) of the 1994 Act mentioned in that sub-paragraph is (or are) to come into force (or is to come into force in relation to the area, or for the purpose, so mentioned), the date so appointed; and

(b) otherwise, such date as the Lord Chancellor may by order appoint.

(8) Subsections (4), (5), (7) and (8) of section 94 of the 1994 Act shall apply to an order under sub-paragraph (7)(b) above as they would apply to an order under subsection (2) of that section.

Marginal Citations

M1 1988 c. 53.

M2 1991 c. 53.

M3 1985 c. 51.

M4 1989 c. 41.

8 (1) If paragraph 24 of Schedule 8 to the 1994 Act has not come into force before the commencement of this Act, then paragraph 4 of Schedule 5 to this Act shall not come into force until immediately after that provision of the 1994 Act has come into force.

(2) If paragraph 35 of Schedule 8 to the 1994 Act has not come into force before the commencement of this Act, then paragraph 30(a) of Schedule 5 to this Act shall not come into force until immediately after that provision of the 1994 Act has come into force.

9 The committee established for the purposes of section 34A of the 1979 Act (division of work in inner London area) shall after the commencement of this Act continue in existence as the committee established for the purposes of section 20 of this Act and each person who immediately before the commencement of this Act holds office as a member of the committee shall continue to hold office as a member until the expiry of the period for which he was appointed under section 34A(3) of the 1979 Act.

10 Subject to any order made under section 32 of this Act—

(a) any reference in any document to the committee of magistrates shall have effect, in relation to any time on or after 1 April 1995, as a reference to the magistrates’ courts committee for the inner London area; and

(b) without prejudice to the generality of paragraph 1 above or 13 below, the body corporate formerly constituted under section 35 of the 1979 Act (committee of magistrates for inner London area) which, by virtue of section 79(2) of the 1994 Act (savings), is the magistrates’ courts committee for that area shall continue to be that magistrates’ courts committee.

11 (1) Sub-paragraph (2) below applies to any person who, immediately before the commencement of this Act is treated by virtue of section 80(2) or (3) of the 1994 Act (abolition of offices of principal chief clerk and chief clerk: savings) as having been appointed by the magistrates’ courts committee for the inner London area—

(a) under section 24D of the 1979 Act, as justices’ chief executive; or

(b) as a justices’ clerk—

(i) under section 25 of that Act, for any petty sessional division of the inner London area; or

(ii) under section 34B of that Act, for the youth courts or family proceedings courts for that area and the City of London.

(2) Subject to section 42(5) to (7) of this Act, any person to whom this sub-paragraph applies shall hold and vacate office—

(a) in accordance with the terms of his appointment; or

(b) if he has entered into a contract of service, in accordance with the terms of his contract of service.

(3) Where, immediately before the commencement of this Act, a person is employed under a contract of service to which subsection (5) of section 80 of the 1994 Act (abolition of offices of senior deputy chief clerk and deputy chief clerk: savings for contract of service) applies—

(a) the repeal by this Act of that subsection shall not affect the continuation of that person’s contract of service;

(b) he shall not be dismissed from his employment without the approval of the Lord Chancellor; and

(c) before approving his dismissal the Lord Chancellor shall consider any representations made by him.

(4) Any reference in any instrument or document to the chief clerk for any petty sessional division of the inner London area or for the youth courts or family proceedings courts for that area and the City of London shall have effect, in relation to any time on or after 1st April 1995, as a reference to the justices’ clerk for [F1 the corresponding petty sessions area] or, as the case may be, for those courts.

Textual Amendments

F1 Words in Sch. 4 para. 11 substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3)(c), Sch. 10 para. 53 (with Sch. 14 para. 7(2))