- Latest available (Revised)
- Point in Time (01/04/2007)
- Original (As enacted)
Version Superseded: 21/07/2008
Point in time view as at 01/04/2007.
Courts Act 2003, Cross Heading: District Judges (Magistrates' Courts) is up to date with all changes known to be in force on or before 06 July 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person who has a 7 year general qualification to be a District Judge (Magistrates' Courts).
(2)A District Judge (Magistrates' Courts) must, before acting as such, take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Act 1868 (c. 72) and the Promissory Oaths Act 1871 (c. 48).
(3)The Lord Chancellor may pay to a District Judge (Magistrates' Courts) such allowances as he may determine.
(4)Any such allowances are in addition to the salary charged on and paid out of the Consolidated Fund under section 9 of the Administration of Justice Act 1973 (c. 15).
(5)The Lord Chancellor may [F1, with the concurrence of the Lord Chief Justice,] remove a District Judge (Magistrates' Courts) from office on the ground of incapacity or misbehaviour.
Textual Amendments
F1Words in s. 22(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 323; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)
[F2Her Majesty]
(a)may designate one of the District Judges (Magistrates' Courts) to be Senior District Judge (Chief Magistrate), and
(b)if [F3she] does so, may designate another of them to be the deputy of the Senior District Judge (Chief Magistrate).
Textual Amendments
F2Words in s. 23 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 14, Sch. 3 para. 5(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 9
F3Words in s. 23 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 14, Sch. 3 para. 5(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 9
(1)The Lord Chancellor may appoint a person who has a 7 year general qualification to be a Deputy District Judge (Magistrates' Courts) for such period as the Lord Chancellor considers appropriate (but subject to subsection (4)).
(2)A Deputy District Judge (Magistrates' Courts) must, before acting as such, take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Act 1868 and the Promissory Oaths Act 1871.
(3)The Lord Chancellor may pay to a Deputy District Judge (Magistrates' Courts) such remuneration and allowances as he may determine.
(4)The Lord Chancellor may [F4, with the concurrence of the Lord Chief Justice,] remove a Deputy District Judge (Magistrates' Courts) from office on the ground of incapacity or misbehaviour.
(5)During the period of his appointment, a Deputy District Judge (Magistrates' Courts)—
(a)is to act as a District Judge (Magistrates' Courts), and
(b)is to be treated for all purposes (apart from appointment, tenure, remuneration, allowances and pensions) as if he were a District Judge (Magistrates' Courts).
Textual Amendments
F4Words in s. 24(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 324; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)
(1)A District Judge (Magistrates' Courts) is by virtue of his office a justice of the peace for England and Wales.
(2)It is the duty of a District Judge (Magistrates' Courts) to act as a justice of the peace in any local justice area in accordance with arrangements made by [F5the Lord Chief Justice, after consulting the Lord Chancellor] .
[F6(3)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).]
Textual Amendments
F5S. 25(2): words 'or on behalf of the Lord Chancellor' left out, and words 'the Lord Chief Justice, after consulting the Lord Chancellor' inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 325(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)
F6S. 25(3) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 325(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)
(1)Nothing in the 1980 Act—
(a)requiring a magistrates' court to be composed of two or more justices, or
(b)limiting the powers of a magistrates' court when composed of a single justice,
applies to a District Judge (Magistrates' Courts).
(2)A District Judge (Magistrates' Courts) may—
(a)do any act, and
(b)exercise alone any jurisdiction,
which can be done or exercised by two justices, apart from granting or transferring a licence.
(3)Any enactment making provision ancillary to the jurisdiction exercisable by two justices of the peace also applies to the jurisdiction of a District Judge (Magistrates' Courts), unless the provision relates to granting or transferring a licence.
(4)This section does not apply to the hearing or determination of family proceedings (as defined by section 65 of the 1980 Act).
(5)“The 1980 Act” means the Magistrates' Courts Act 1980 (c. 43).
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: