SCHEDULES

SCHEDULE 14Transitional provisions and savings

Part VMagistrates and magistrates' courts

Magistrates' courts committees in Greater London

30

(1)

From the end of the period of two months beginning with the day on which this Act is passed until the Greater London Magistrates' Courts Authority becomes the magistrates' courts committee for Greater London, the Justices of the Peace Act 1997 shall continue to have effect in relation to magistrates' courts committees in Greater London without—

(a)

the amendments made by sections 81 and 82 of this Act, and

(b)

the repeal of sections 32 and 38(6) of that Act made by Part V(5) of Schedule 15 to this Act,

but subject to the modifications specified in sub-paragraphs (2) to (5).

(2)

Section 28 shall have effect as if—

(a)

in subsection (1), for “to (4)” there were substituted “and (3)”,

(b)

in subsection (2), for “Not more than two other” there were substituted “Other”,

(c)

for subsections (3) and (4) there were substituted—

“(3)

The inner London magistrates' courts committee shall include either—

(a)

the Senior District Judge (Chief Magistrate) and two District Judges (Magistrates' Courts) appointed by him; or

(b)

(if he decides not to be a member) three District Judges (Magistrates' Courts) appointed by him.”, and

(d)

in subsection (5), for “subsections (3) and (4)” there were substituted “subsection (3)”.

(3)

Section 29 shall have effect as if—

(a)

in subsection (3), for “, (3) and (4)” there were substituted “and (3)”, and

(b)

after that subsection there were inserted—

“(3A)

The regulations may make provision for the payment of remuneration to members of a magistrates' courts committee co-opted or appointed under section 28(2) above.”

(4)

Section 30 shall have effect as if the words “Subject to subsection (2) below,” in subsection (1) and subsection (2) were omitted.

(5)

Section 38(6) shall have effect as if—

(a)

for the words “chief metropolitan stipendiary magistrate” there were substituted “Senior District Judge (Chief Magistrate) (if he is a member)”, and

(b)

for “28(3) and (4)” there were substituted “28(3)”.

(6)

This paragraph has effect subject to paragraph 31.

31

(1)

If section 78 of this Act has not come into force at the end of the period of two months beginning with the day on which this Act is passed, paragraph 30 shall apply as follows until that section comes into force.

(2)

The subsection (3) treated as substituted by sub-paragraph (2)(c) of that paragraph shall have effect as if—

(a)

for “Senior District Judge (Chief Magistrate)” there were substituted “chief metropolitan stipendiary magistrate”, and

(b)

for “District Judges (Magistrates' Courts)” (in both places) there were substituted “metropolitan stipendiary magistrates”.

(3)

Sub-paragraph (5) of that paragraph shall have effect as if paragraph (a) read—

“(a)

after the words “chief metropolitan stipendiary magistrate” there were inserted “(if he is a member)”, and”.