Part 2Justices of the peace

Lay justices

15Lay justices' allowances

1

A lay justice is entitled to payments by way of—

a

travelling allowance,

b

subsistence allowance, and

c

financial loss allowance.

2

Allowances under this section are to be paid by the Lord Chancellor at rates determined by him.

3

A lay justice’s travelling allowance is an allowance in respect of expenditure—

a

which is incurred by him on travelling, and

b

which is necessarily incurred for the purpose of enabling him to perform his duties.

4

A lay justice’s subsistence allowance is an allowance in respect of expenditure—

a

which is incurred by him on subsistence, and

b

which is necessarily incurred for the purpose of enabling him to perform his duties.

5

A lay justice’s financial loss allowance is an allowance in respect of—

a

any other expenditure incurred by reason of the performance of his duties, and

b

any loss of earnings or social security benefits suffered by reason of the performance of his duties.

6

A lay justice is not entitled to a payment under this section in respect of the performance of his duties if—

a

a payment of a similar kind in respect of those duties may be made to him apart from this section, or

b

entitlement to the payment is excluded by regulations made by the Lord Chancellor.

7

For the purposes of this section the performance of a lay justice’s duties includes taking a training course provided by or on behalf of the F1Lord Chief Justice .

8

The Lord Chancellor may by regulations make provision about the way in which this section is to be administered and may in particular make provision—

a

prescribing sums (including tax credits) that are to be treated as social security benefits for the purposes of financial loss allowances,

b

prescribing the particulars to be provided for claiming payment of allowances, and

c

for avoiding duplication between payments under this section and under other arrangements where expenditure is incurred for more than one purpose.

F29

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 (7).