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The Greater London Magistrates' Courts Authority (Constitution) Regulations 1999

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Regulation 3(1)

SCHEDULE 2TRANSITIONAL PROVISIONS

Interpretation

1.  In this Schedule—

(a)“MCC” means magistrates' courts committee; and

(b)“the outer London SMB” means the Strategic Management Body representing MCCs in Greater London, other than the Inner London MCC and the City of London MCC.

Clerk designate

2.—(1) As soon as reasonably practicable after these Regulations come into force, and no later than 14th February 2000, the Inner London MCC, the City of London MCC and the outer London SMB (acting jointly) shall appoint a clerk designate for the Authority.

(2) The clerk designate (who may be the clerk to the selection panel appointed under paragraph 10) shall hold office until such time as the Authority appoints a person to be its justices' chief executive, and upon such appointment the office of clerk designate shall cease to exist.

(3) The clerk designate shall not be eligible for appointment as justices' chief executive to the Authority.

First selection panel

3.  The first selection panel appointed after these Regulations come into force shall take office for a term commencing on 31st December 1999 and ending on 31st December 2001, after which regulation 6(10) shall apply.

4.—(1) Members of the first selection panel shall be nominated by the following, in the following numbers:

(a)by the Inner London MCC, four members;

(b)by the City of London MCC, one member;

(c)by the outer London SMB, five members;

(d)by the ALG, one member.

(2) The members of the selection panel nominated under sub-paragraphs (1)(a) to (c) shall be either lay magistrates who are justices of the peace for a commission area in Greater London or District Judges (Magistrates' Courts) who are for the time being acting as justices of the peace in Greater London.

5.  The first selection panel shall consist of the members nominated under paragraph 4.

6.  The names of the nominees for the first selection panel shall be notified to the clerk to the selection panel by 31st December 1999.

7.—(1) The first selection panel shall decide and publish the date by which candidates for appointment as first members of the Authority (apart from mayoral nominees) must give written notice of candidature, and the other details specified in regulation 8, to the clerk to the first selection panel.

(2) The date to be decided under sub-paragraph (1) shall be no later than 14th January 2000.

8.—(1) The first selection panel shall select the first members of the Authority (apart from mayoral nominees) from those candidates whose written notice of candidature has been received by the date published under paragraph 7 and who meet the selection criteria.

(2) The first selection panel shall notify the candidates in writing of the result of the selection no later than 14th February 2000.

9.—(1) Subject to sub-paragraphs (2) and (3), if a casual vacancy on the first selection panel occurs, the Authority shall appoint a replacement.

(2) If the member to be replaced was nominated by the ALG, the replacement member shall also be nominated by the ALG.

(3) If the vacancy occurs before section 30A(1)(1) is in force, the replacement member shall be nominated by the body that nominated the member to be replaced.

10.  The Inner London MCC, the City of London MCC and the outer London SMB (acting jointly) shall by 14th December 1999 appoint a clerk to the selection panel and the clerk to the selection panel shall act as such until the Authority appoints a justices' chief executive.

Notice of candidature for first members of the Authority

11.  Candidates for appointment as first members of the Authority (apart from mayoral nominees) shall give written notice of candidature, and the other details specified in regulation 8, to the clerk to the first selection panel by the date published under paragraph 7.

Appointment of first chairman of the Authority

12.—(1) The Authority shall appoint a chairman at its first meeting after 1st March 2000.

(2) The chairman appointed under sub-paragraph (1) shall hold office until 31st March 2002, after which regulation 11 shall apply.

(1)

Section 30A(1) is inserted into the Justices of the Peace Act 1997 (c. 25) by section 83(1) of the Access to Justice Act 1999 (c. 22). That part of section 83(1) which inserts section 30A(1) into the Justices of the Peace Act 1997 comes into force on such day as the Lord Chancellor may by order appoint.

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