Explanatory Note
(This note is not part of the Regulations)
These Regulations are consequential upon the provisions of the Local Government Act 1992 concerning local government reorganisation in England. The Regulations amend primary legislation, in particular the Justices of the Peace Act 1979 and the Magistrates' Courts Act 1980, and have the following effects.
(1) Commission areas outside London and the metropolitan counties are to be based not on counties but on “relevant areas”, namely the areas of the non-metropolitan counties as existing immediately before 1st April 1995.
(2) Petty sessions areas outside London and the metropolitan counties are to be “relevant areas” or divisions of such areas.
(3) Magistrates' courts committee areas outside London and the metropolitan counties are to be based on “relevant areas” and not on counties.
(4) Existing commissions of the peace, petty sessions areas and magistrates' courts committees are to continue after 1st April 1996, and provision is made for commissions of the peace to continue after orders are made creating, abolishing or altering commission areas until such time as new commissions are issued.
(5) Provisions in the Justices of the Peace Act 1979 governing certain functions of local authorities in relation to magistrates' courts are amended to cover cases in which the authority concerned is a unitary authority other than a county council, or where the commission area or petty sessions area concerned falls within the area of more than one authority.
(6) References to justices for a county in other legislation are amended or construed (in relation to areas outside Greater London) to refer to justices for a commission area.
The corresponding instrument made in relation to Wales is the Magistrates' Courts (Wales) (Consequences of Local Government Changes) Order 1996 (S.I. 1996/675).