Children and Young Persons Act 1933

Part II E+W Metropolitan Area

13 The following provisions of this Part of this Schedule shall have effect [F1 as respects the area consisiting of the petty sessions areas falling wholly or partly within the area consisting of the inner Londodn boroughs and the City of London] (in this Part of this Schedule referred to as the metropolitan area).

Textual Amendments

F1 Words in Sch. 2 para. 13 substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3)(c), Sch. 10 paras. 14, 16(4) (with Sch. 14 para. 7(2)) (which substitution fell (prosp.) by reason of the repeal of Sch. 10 para. 16(4) (prosp.) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(2) (with Sch. 14 paras. 7(2), 36(9)))

14 [F2 Youth courts] shall be constituted for the whole of the metropolitan area but shall sit for such divisions and in such places as the [F3 Lord Chancellor] may by order specify, without prejudice, however, to their jurisdiction with respect to the whole area.

Textual Amendments

F2 Words in Sch. 2 para. 14 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch.2

F3 Words in Sch. 2 para. 14 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

15 Subject to the following provisions of this Schedule—

(a) each [F4 youth court]shall [F5 either consist of a metropolitan stipendiary magistrate sitting alone or]consist of a chairman and two other members and F6 . . . have both a man and a woman among its members;

(b) the chairman [F7 (where applicable)]shall be a person nominated by [F8 the Lord Chancellor] to act as chairman of [F4 youth courts] for the metropolitan area and shall be either a metropolitan stipendiary magistrate or [F9 a lay justice for the inner London area] selected, in such manner as may be provided by an order of [F8 the Lord Chancellor], from a panel of such justices from time to time nominated by him; and

(c) the other members [F10 (where applicable)] shall be justices so selected from that panel.

Textual Amendments

F4 Words in Sch. 2 para. 15(a)(b) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

F5 Words in Sch. 2 para. 15(a) inserted (30.9.1998) by 1998 c. 37, s. 48(1)(a); S.I. 1998/2327, art. 2(1)(k).

F6 Word in Sch. 2 para. 15(a) repealed (30.9.1998) by 1998 c. 37, ss. 48(1)(a), 120(2), Sch. 10; S.I. 1998/3237, art. 2(1)(k)(3)(g).

F7 Words in Sch. 2 para. 15(b) inserted (30.9.1998) by 1998 c. 37, s. 48(1)(b); S.I. 1998/2327, art. 2(1)(k).

F8 Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(3)

F9 Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(2)

F10 Words in Sch. 2 para. 15(c) inserted (30.9.1998) by 1998 c. 37, s. 48(1)(c); S.I. 1998/2327, art. 2(1)(k).

Modifications etc. (not altering text)

C1 Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

[F11 15A (1) Where, in the the case of any sitting of a [F12 youth court], a person nominated under paragraph 15(b)of this Schedule—

(a) is available to act as chairman; but

(b) considers that it would be appropriate for another member of the court to act as chairman,

he may nominate that member to act as chairman at that sitting.

(2) A member of a [F12 youth court] nominated to act as chairman under sub-paragraph (1) shall only so act while the person making the nomination continues to sit as a member of the court.]

Textual Amendments

F11 Sch. 2 para. 15A inserted by virtue of Administration of Justice Act 1985 (c. 61, SIF 76:1), s. 61

F12 Words in Sch. 2 para. 15A substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch.2

16 If at any time, by reason of illness or other emergency, no person nominated under paragraph 15(b) of this Schedule is available to act as chairman of a [F13 youth court], any metropolitan stipendiary magistrate or, with the consent of [F14 the Lord Chancellor] any justice of the peace selected as aforesaid from the said panel, may act temporarily as chairman.

Textual Amendments

F13 Words in Sch. 2 para. 16 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

F14 Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(3)

Modifications etc. (not altering text)

C2 Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

17 Where it appears to the chairman that a [F15 youth court] cannot, without adjournment, be fully constituted, and that an adjournment would not be in the interests of justice, the chairman may sit with one other member (whether a man or a woman) F16 . . ..

Textual Amendments

F15 Words in Sch. 2 para. 17 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

F16 Words in Sch. 2 para. 17 repealed (30.9.1998) by 1998 c. 37, ss. 48(2), 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(k)(3)(g).

Modifications etc. (not altering text)

C3 Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

18 [F17 The Lord Chancellor], in nominating any persons under this Part of this Schedule shall have regard to the previous experience of the persons available and their special qualifications for dealing with juvenile cases; and every such nomination shall be for a specified period and shall be revocable by [F18 the Lord Chancellor].

Textual Amendments

F17 Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(2)

F18 Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(3)

Modifications etc. (not altering text)

C4 Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

19

Textual Amendments

F19 Sch. 2 para. 19 repealed by virtue of Administration of Justice Act 1964 (c. 42, SIF 82), s. 48(1), Sch. 5