Statutory Instruments

1996 No. 577

MAGISTRATES' COURTS

The Youth Courts (Constitution) (Amendment) Rules 1996

Made

5th March 1996

Laid before Parliament

6th March 1996

Coming into force

1st April 1996

The Lord Chancellor, in exercise of the powers conferred on him by section 144 of the Magistrates' Courts Act 1980(1) and after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules—

1.  These Rules may be cited as the Youth Courts (Constitution) (Amendment) Rules 1996, and shall come into force on 1st April 1996.

2.  For rule 1(4) of the Youth Courts (Constitution) Rules 1954(2) there shall be substituted the following—

(4) If the justices for a petty sessions area consider that a sufficient number of persons cannot otherwise be appointed to the panel, they may appoint a justice for the commission area which includes that petty sessions area, who is specially qualified as aforesaid, notwithstanding that he is not a justice for that petty sessions area..

3.  In rule 14(1) of those Rules, for “petty sessional division of a county” there shall be substituted “petty sessions area forming part of a commission area”, and for “that division” there shall be substituted “that petty sessions area”.

Mackay of Clashfern, C.

Dated 5th March 1996

Explanatory Note

(This Note is not part of the Rules)

These Rules amend the Youth Courts (Constitution) Rules 1954 in consequence of the amendments concerning counties and commission areas made by or under the Local Government Act 1992 (c. 19) and the Local Government (Wales) Act 1994 (c. 19). The effect of the amendments is that the justices for a petty sessions area may appoint to their youth court panel a justice for the same commission area, whether or not that commission area coincides with a county.

(1)

1980 c. 43, as extended by section 146 of that Act.

(2)

S.I. 1954/1711; relevant amendments are made by S.I. 1991/2099 and section 70 of the Criminal Justice Act 1991 (c. 53).