Administration of Justice Act 1964

Part I — Greater London

The Central Criminal Court

Jurisdiction and sessions of Central Criminal Court

1

Commissions and justices of the peace

The London commission areas

2

Power to adjust London commission areas

3

• (1) Her Majesty may by Order in Council substitute for any one or more of the areas specified in subsection (1) of section 2 of this Act any other area or areas comprising the whole or part of Greater London, or alter the boundaries of any area so specified ; but the City shall not by virtue of any such Order be included in an area for which a commission of the peace is issued under the said subsection (1).

• (2) An Order in Council under this section may contain such incidental, consequential, transitional or supplementary provisions as may be necessary or expedient for the purposes of the Order (including provisions amending this Act or any other enactment).

• (3) Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Quarter sessions

Whole-time chairmen and deputy chairmen

4

County court judges as deputy chairmen

5

• (1) The Lord Chancellor may appoint any county court judge for a district wholly or partly situated in Greater London to act during such period or on such occasions as the Lord Chancellor thinks fit as deputy chairman of the court or courts of quarter sessions for one or more of the London commission areas.

• (2) The limit imposed by section 4(1) of the County Courts Act 1959 on the total number of county court judges shall be increased from eighty to ninety and the number of judges who may be assigned to a district under section 4(4) of that Act shall, in the case of a district situated wholly or partly in a London commission area, be increased from two to three.

• (3) Every county court judge for the time being assigned to a district wholly or partly situated in a London commission area shall by virtue of his office be a justice of the peace for each of those areas; and section 11 of the County Courts Act 1959 (which provides for including county court judges in the commission of the peace for a county or borough in their district) shall not apply in relation to any of the London commission areas.

• (4) The Greater London Council shall, subject to subsection (5) of this section, pay to the Lord Chancellor by way of contribution towards the salary of a county court judge who has been appointed to act as deputy chairman of a court or courts of quarter sessions under this section, and towards the pension and other benefits payable under the Administration of Justice (Pensions) Act 1950 in respect of the service as a county court judge of a person who has so acted, such sums at such times as the Lord Chancellor may, after consultation with the Greater London Council and with the consent of the Treasury, determine.

• (5) Contributions shall not be required to be made under subsection (4) of this section in respect of any county court judges in excess of the relevant limit for any period during which that limit is exceeded; and for the purposes of this subsection the relevant limit at any time is a number equal to the difference between twenty-five and the number of whole-time deputy chairmen at that time of all the courts of quarter sessions for the London commission areas.

Temporary deputy chairmen

6

• (1) If it appears to the Lord Chancellor that it is expedient to do so in order to avoid delays in disposing of the business of the court of quarter sessions for a London commission area, he may appoint a person qualified to be a deputy chairman of the court to act as such during such period or on such occasions as the Lord Chancellor thinks fit.

• (2) The Greater London Council shall pay to any person appointed under this section such remuneration as the Lord Chancellor may, after consultation with the Greater London Council and with the consent of the Treasury, determine.

Proceedings and jurisdiction of quarter sessions

7

• (1) The court of quarter sessions for a London commission area may sit in more than one division simultaneously, and may sit at any place within Greater London or an adjoining county, notwithstanding that the place is not within the area for which the court is set up; and for the purposes of this subsection a county borough surrounded by or adjoining a county shall be treated as forming part of that county.

• (2) Section 4(1) of the Criminal Justice Administration Act 1962 (times for holding quarter sessions) shall apply to the court of quarter sessions for a London commission area as it applies to a court of quarter sessions for a county elsewhere in England and Wales.

• (3) For the purposes of section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1938 (extended jurisdiction of quarter sessions) and of this section a person shall be deemed to be a legally qualified chairman in relation to the court of quarter sessions for a London commission area if he is a whole-time chairman or deputy chairman of that or of another such court or is a person appointed to act as deputy chairman of that court under section 5 or 6 of this Act, and not otherwise.

• (4) The court of quarter sessions for a London commission area shall not be properly constituted for the purpose of any sitting unless a legally qualified chairman of the court is present and presiding, and in the case of the court of quarter sessions for any such area the Lord Chancellor may direct that the court or any division of the court shall, for the purpose of dealing with persons committed to the court for trial, persons committed to the court under section 5 of the Vagrancy Act 1824 or persons committed to the court for sentence or order by any court other than a juvenile court, be held before a legally qualified chairman of the court sitting alone.

• (5) Section 4(5) of the Criminal Justice Administration Act 1962 (power of legally qualified chairman to sit alone if no other members of the court are available) shall apply to the court of quarter sessions for a London commission area as it applies to a court of quarter sessions for a county elsewhere in England and Wales.

• (6) Subject to subsection (4) of this section, and to any directions given thereunder, the court of quarter sessions for a London commission area when sitting for the purpose of—

• (a) hearing appeals of any description ;

• (b) hearing applications under section 21 of the Firearms Act 1937; or

• (c) dealing with persons committed for sentence or order,

shall be constituted in like manner and in accordance with the like arrangements as a court of quarter sessions for a county elsewhere in England and Wales when sitting for the like purpose; and section 8 of the Summary Jurisdiction (Appeals) Act 1933 shall cease to have effect.

• (7) The powers of the court of quarter sessions for a London commission area under section 84(3) of the Magistrates' Courts Act 1952 (extension of (time for appealing) shall be exercised by a legally qualified chairman of the court.

Clerks of the peace and other officers

8

• (1) It shall be the duty of the court of quarter sessions for each London commission area to appoint a clerk of the peace for that area, a deputy clerk of the peace for that area and such other officers of the court as may be determined by the court after consultation with the Greater London Council to be necessary.

• (2) A person shall not be qualified to be appointed a clerk of the peace for a London commission area unless he is a barrister or solicitor of not less than five years' standing.

• (3) The salaries and other terms and conditions of service of the clerk of the peace and the deputy clerk of the peace for a London commission area and the other officers of the court of quarter sessions for such an area, and the grades in which those other officers are employed, shall be such as may from time to time be determined by the court after consultation with the Greater London Council.

• (4) The sums payable by way of salary or expenses to the said clerks and other officers, together with any employer's contributions payable in respect of those officers under the National Insurance Acts 1946 to 1963, shall be paid by the Greater London Council.

• (5) The salary paid to the clerk of the peace for a London commission area shall be deemed to be remuneration for all business which he may by reason of his office of clerk of the peace be called upon to perform, and all fees and costs payable to the clerk of the peace, except any fees and costs expressly excluded when his salary is determined, shall, in accordance with such directions as may be given by the Greater London Council, be accounted for and paid to the Council.

• (6) If the Greater London Council are aggrieved by any determination of a court of quarter sessions under this section, or if the clerk of the peace for a London commission area is aggrieved by any such determination with respect to his salary, the Council or the clerk, as the case may be, may appeal to the Secretary of State.

• (7) The clerk of the peace and the deputy clerk of the peace for a London commission area and the other officers of the court of quarter sessions for such an area shall be treated for the purposes of section 75 of the London Government Act 1963 as if they were whole-time officers of the Greater London Council.

• (8) The Minister of Housing and Local Government may by regulations provide that the Local Government Superannuation Acts 1937 to 1953 and any regulations made thereunder shall apply, subject to such adaptations, modifications, and exceptions as may be prescribed by the regulations, to clerks of the peace and deputy clerks of the peace for a London commission area and other officers of the court of quarter sessions for such an area or to any class of such officers; and any such regulations may make different provision with respect to different classes of officers and may contain such incidental, consequential or supplementary provisions as appear to the Minister to be necessary or expedient.

• (9) Any regulations under subsection (8) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (10) The Local Government (Clerks) Act 1931, except sections 4(5) and (7) and 5(2) and (3), shall not apply to a London commission area or the clerk or deputy clerk of the peace thereof.

• (11) The Recorders, Stipendiary Magistrates, and Clerks of the Peace Act 1906 shall not apply in relation to a London commission area.

Summary jurisdiction in inner London

Integration of jurisdiction of stipendiary and lay magistrates

9

Metropolitan stipendiary magistrates

10

• (1) Metropolitan stipendiary magistrates shall be appointed by Her Majesty and Her Majesty shall from time to time appoint such number of persons as is necessary, but the number of metropolitan stipendiary magistrates shall not at any time exceed forty.

• (2) A person shall not be qualified to be appointed a metropolitan stipendiary magistrate unless he is a barrister or solicitor of not less than seven years' standing.

• (3) The Lord Chancellor shall designate one of the metropolitan stipendiary magistrates to be the chief metropolitan stipendiary magistrate.

• (4) The following provisions shall apply to each metropolitan stipendiary magistrate, that is to say—

• (a) he shall by virtue of his office be a justice of the peace for each of the London commission areas and for the counties of Essex, Hertfordshire, Kent and Surrey;

• (b) he shall not during his continuance in office practise as a barrister or solicitor;

• (c) he may be removed from office by the Lord Chancellor for inability or misbehaviour.

• (5) A metropolitan stipendiary magistrate who is by virtue of his office a justice of the peace for any area mentioned in paragraph (a) of subsection (4) of this section shall not by reason only of his being a justice of the peace for that area by virtue of that office—

• (a) act as a member of a court of quarter sessions for that area; or

• (b) be qualified to be chosen under section 13(2) of the Justices of the Peace Act 1949 as chairman or deputy chairman of the justices for a petty sessional division of that area or to vote under that subsection at the election of any such chairman or deputy chairman.

• (6) The Lord Chancellor may assign metropolitan stipendiary magistrates to petty sessional divisions constituted under section 14 of this Act and may alter any assignment under this subsection, but the assignment of a magistrate to a particular division shall not preclude him from exercising jurisdiction for any other division of the inner London area.

• (7) Metropolitan stipendiary magistrates shall sit at such courthouses provided for the inner London area under the following provisions of this Act, on such days and at such times as may be determined by or in accordance with directions given by the Lord Chancellor from time to time.

• (8) The chief metropolitan stipendiary magistrate shall cause to be held at least once in every quarter of a year a meeting of all the metropolitan stipendiary magistrates or such of them as are able to attend and, if present, shall preside over the meeting.

Composition of courts for domestic proceedings

11

Composition of juvenile courts

12

• (1) . . . and Part II of that Schedule shall apply accordingly to the inner London area and the City subject to the following provisions of this section.

• (2) In paragraph 15 of the said Schedule 2 for any reference to a justice or justices of the peace for the county of London there shall be substituted a reference to a lay justice or justices for the inner London area.

• (3) The functions of the Secretary of State under the said Part II with respect to the nomination or selection of the chairmen and other members of the youth courts shall be transferred to the Lord Chancellor, and accordingly for any reference to the Secretary of State in paragraphs 15, 16 and 18 of the said Schedule 2 there shall be substituted a reference to the Lord Chancellor.

The committee of magistrates

13

Establishment of petty sessional divisions

14

• (1) The Secretary of State may, on the recommendation of or after consultation with the committee of magistrates, by order make provision for the division of the inner London area or any part thereof into petty sessional divisions.

• (2) It shall be the duty of the committee of magistrates from time to time and also when directed to do so by the Secretary of State to take into consideration the division of the inner London area into petty sessional divisions and to recommend to the Secretary of State (giving reasons for their recommendation) whether or not to make any changes in those divisions and, if changes are recommended, what changes; and the Secretary of State shall not act otherwise than in accordance with any recommendations under this subsection except after consultation with the committee.

• (3) An order under this section may contain transitional and other consequential provisions.

Appointment of justices' clerks and other officers

15

• (1) It shall be the duty of the committee of magistrates, subject to the following provisions of this section, to appoint—

• (a) a principal chief clerk for the inner London area, one or more chief clerks for each petty sessional division of that area and one or more chief clerks for the juvenile courts for that area and the City ; and

• (b) such deputy chief clerks and other officers as may be necessary;

and the committee shall, where there is more than one chief clerk for such a division or for those courts, designate one of them to be the senior chief clerk for that division or all those courts, as the case may be.

• (2) The officers mentioned in subsection (1)(a) of this section shall rank as justices' clerks and be treated as such for the purposes of the enactments relating to justices' clerks.

• (3) The principal chief clerk shall assist the chief metropolitan stipendiary magistrate to perform the latter's duty under section 13(6) of this Act of carrying on the day to day administration of the magistrates' courts in the inner London area.

• (4) The justices' clerks and deputy chief clerks mentioned in subsection (1) of this section shall not be appointed or dismissed by the committee of magistrates without the approval of the Secretary of State, and—

• (a) the committee shall inform the Secretary of State of the age, qualification and experience of any person proposed to be appointed such a clerk and, if the Secretary of State so requires, of any other person offering himself for the appointment;

• (b) before approving the dismissal of any such clerk the Secretary of State, shall consider any representations made to him by the clerk.

• (5) The number of justices' clerks and of other officers employed by the committee of magistrates in each grade below that of principal chief clerk, the grades in which such officers below that of deputy chief clerk are to be employed and the terms and conditions of employment of all officers employed by the committee shall be such as may from time to time be determined by the committee.

• (6) The following provisions of this subsection shall have effect with respect to determinations under subsection (5) of this section and related matters:—

• (a) no such determination shall have effect unless confirmed with or without modifications, by the Secretary of State ;

• (b) the committee of magistrates shall not make or refuse to make any such determination with respect to terms and conditions of employment except after consultation with persons appearing to the committee to represent the interests of the officers affected ;

• (c) any refusal of the Committee to make any such determination with respect to any terms and conditions of employment may be reviewed by the Secretary of State and on the review the Secretary of State may confirm the refusal or make such determination with respect to those terms and conditions as he thinks fit;

• (d) in the case of any matter which falls to be determined under the said subsection (5) and affects officers employed by the committee who immediately before 1st April 1965—

• (i) were clerks or other officers of metropolitan stipendiary courts; or

• (ii) were justices' clerks or officers employed by the magistrates' courts committee for the county of London,

the functions of the Secretary of State under paragraphs (a) to (c) of this subsection shall be exercised in such manner as he thinks necessary for protecting the interests of those officers.

• (7) The Secretary of State may by order amend subsection (1)(a) of this section by substituting for or adding to the offices therein mentioned such other offices as he thinks fit; and any such order—

• (a) may contain transitional and other consequential provisions (including provisions amending the foregoing provisions of this section); and

• (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (8) Sections 19 and 23 of the Justices of the Peace Act 1949 (appointment and conditions of service of justices' clerks) shall not apply to the inner London area.

Other functions of the committee of magistrates

16

• (1) It shall be the duty of the committee of magistrates to keep under consideration the division of work in the inner London area between the metropolitan stipendiary magistrates and the lay justices and to give general directions as to the division of the work.

• (2) It shall be the duty of the committee of magistrates, in accordance with arrangements approved by the Lord Chancellor, to make and administer schemes providing for courses of instruction for justices of the peace of the inner London area.

• (3) In addition to exercising the functions conferred on them by or by virtue of the foregoing provisions of this Part of this Act, the committee of magistrates shall consider any matters referred to them by the Lord Chancellor or the Secretary of State and, if required to do so, shall make recommendations on any matter so referred.

Administrative and financial provisions

17

• (1) The Receiver shall provide such courthouses and other accommodation, and such furniture, books and other things, as the committee of magistrates may determine to be proper for the due transaction of the business, and convenient keeping of the records and documents, of magistrates' courts in the inner London area (including domestic courts and including juvenile courts for that area and the City) or for enabling the justices' clerks for that area or for juvenile courts for that area and the City to carry out their duties; but any determination under this subsection shall not have effect unless confirmed, with or without modifications, by the Secretary of State.

• (2) The Receiver shall pay out of the metropolitan police fund—

• (a) any expenses of the committee of magistrates, to such an amount and of such a nature as may be approved by the Secretary of State ;

• (b) the sums payable by way of salary or expenses to justices' clerks and other officers employed by the committee of magistrates, together with any employer's contributions payable in respect of those officers under the National Insurance Acts 1946 to 1963 ;

• (c) any superannuation benefits payable in respect of such clerks and other officers under the enactments and instruments applied to them under section 24 of this Act, other than benefits payable by the Greater London Council, and any superannuation contributions and other payments for which the committee of magistrates may be liable as their employer under those enactments and instruments.

• (3) Any accommodation provided under this section for any magistrates' court or justices' clerk may be outside the area for which the court or clerk acts and, if outside that area, shall be deemed to be in that area for the purpose of the jurisdiction of the court.

• (4) The Secretary of State may assign courthouses and other accommodation either to petty sessional divisions of the inner London area or to particular magistrates' courts for that area (including domestic courts and including juvenile courts for that area and the City) and may alter any assignment under this subsection, but after the committee of magistrates has been set up shall not exercise his powers under this subsection except after consultation with the committee.

• (5) Sections 25 and 26 of the Justices of the Peace Act 1949 (which impose on councils of counties and certain boroughs duties similar to those imposed by this section on the Receiver) shall not apply to the inner London area.

Lieutenant and Sheriff

Lieutenant of Greater London

18

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sheriff of Greater London

19

• (1) For Greater London other than the City a sheriff, who shall be known as the sheriff of Greater London, shall be appointed in accordance with the enactments and customs applied by the following provisions of this section and an under-sheriff shall be so appointed for each area of Greater London (not including any part of the City) specified by the Lord Chancellor by order; and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) Subject to the following provisions of this section—

• (a) for the purposes of the Sheriffs Act 1887 and the customs relating to the appointment of sheriffs Greater London other than the City shall be treated as a county;

• (b) any enactment not contained in the said Act of 1887 or the House of Commons Disqualification Act 1975 shall apply to the sheriff of Greater London as if Greater London other than the City were a county and shall apply to the under-sheriff of any area specified by virtue of subsection (1) of this section as if that area were a county;

• (c) any reference in any enactment to the sheriff of the county of London or of Middlesex shall be construed as a reference to the sheriff of Greater London.

• (3) Paragraphs (a) . . . of subsection (2) of this section . . . shall not apply to any reference to a county adapted by subsection (4) of this section or to any reference to a court of quarter sessions for a county.

• (4) The Sheriffs Act 1887 shall, in its application to Greater London, the sheriff of Greater London and the under-sheriff of any area specified by virtue of subsection (1) of this section, have effect subject to the following additional modifications:—

• (a) in sections 7(1), 17, 23(3) and 26(1) any reference to a county shall be construed as a reference to Greater London;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the documents required by sections 6(3), 23(1) and 30 to be sent to the clerk of the peace shall be sent to the officer specified by the Lord Chancellor by order made by statutory instrument..

Miscellaneous and Supplementary

Extension of jurisdiction of magistrates' courts to try offences

20

Juries

21

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The probation service

22

Superannuation of chairmen of quarter sessions

23

Superannuation of justices' clerks

24

Counties adjoining Greater London

25

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Inner and Middle Temples

26

It is hereby declared that the Inner Temple and the Middle Temple are included in the City of London, and in no other area, for the purposes of the law relating to county courts, . . . justices of peace, . . ., magistrates’ courts, . . . sheriffs, juries and matters connected therewith.

Part II

Indemnification of justices and clerks

General provision for indemnity

27

Prerogative proceedings and acts done in quarter sessions

28

• (1) Section 27 of this Act shall not apply to proceedings for an order of prohibition, mandamus or certiorari, or to proceedings arising out of anything done or omitted by any person in his capacity as or as a member of a court of quarter sessions.

• (2) The Lord Chancellor may, if he thinks fit, defray out of moneys provided by Parliament—

• (a) any costs awarded against a justice, justices' clerk or clerk of the peace in proceedings for an order of prohibition, mandamus or certiorari, or any part of such costs;

• (b) any such costs, damages or other sums as could be the subject of indemnity under section 27 of this Act if that section applied to proceedings in respect of things done or omitted in quarter sessions and the persons qualified for indemnity thereunder included (as well as a recorder) any deputy or assistant recorder and any clerk of the peace.

• (3) In this section " justices' clerk " has the same meaning as in section 27 of this Act and " clerk of the peace " includes a deputy clerk of the peace and a member of the staff of a clerk of the peace.

Miscellaneous

Administrative provisions relating to quarter sessions and their staff

29

Promissory oaths of justices of the peace

30

Allowances of justices and members of committees

31

Compensation under Justices of the Peace Act 1949, s. 42

32

Chairmanship of bench of magistrates

33

Assessors in Lancashire Crown Courts in juvenile cases

34

Part III — Supplemental

Application of supplementary provisions of the London Government Act 1963

35

Orders, rules and regulations

36

Financial provisions

37

• (1) Any increase attributable to the provisions of this Act in the sums payable under any other enactment out of the Consolidated Fund or out of moneys provided by Parliament shall be paid out of that Fund or out of moneys so provided.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

38

• (1) In this Act, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say—

• “the City” means the City of London;

• “committed for sentence or order” means committed to be dealt with under section 37 or 38 of the Magistrates’ Courts Act 1980, or under section 67 of the Mental Health Act 1959;

• . . .

• “existing”, in relation to any authority or thing, means that authority or thing as it existed immediately before the commencement of this Act;

• . . .

• “officer” includes the holder of any place, situation or employment and “office” shall be construed accordingly;

• “Receiver” means the Receiver for the metropolitan police district;

• . . .

• (2) References in this Act to any enactment shall, except in so far as the context otherwise requires, be construed as references to that enactment as amended by or under any subsequent enactment including this Act.

Consequential and minor modifications and amendments

39

• (1) Part I of Schedule 3 to this Act shall have effect for the purpose of making general adaptations of enactments in consequence of the foregoing provisions of this Act.

• (2) The enactments specified in Part II of the said Schedule 3 shall have effect subject to the modifications and amendments set out in that Part, being modifications and amendments consequential on the foregoing provisions of this Act and other minor amendments.

Transitional provisions

40

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) No provision contained in this Act or any instrument thereunder shall be construed as prejudicing the powers conferred by section 148 of the Local Government Act 1933, Part II of the Local Government Act 1958 or section 84 or 87 of the London Government Act 1963 (whether as originally enacted or as extended by section 35 of this Act).

Short title, commencement, extent and repeal

41

• (1) This Act may be cited as the Administration of Justice Act 1964.

• (2) Subject to the provisions of Schedule 4 to this Act, Part I of this Act shall come into force on 1st April 1965 except that if the Secretary of State by order appoints an earlier day for the commencement of any provision of the said Part I, that provision shall come into force on that earlier day.

• (3) The following provisions of this Act, that is to say, Part II (except section 31), section 39 and subsection (8) of this section shall come into force on such day as the Secretary of State may by order appoint.

• (4) Different days may be appointed under this section for different purposes of this Act; and any reference in any provision of this Act to the commencement of this Act shall, unless otherwise provided by any order under this section, be construed as a reference to the day on which that provision comes into operation.

• (5) Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provisions of this Act then in force as appear to him necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

• (6) This Act, except section 31 . . ., shall not extend to Scotland.

• (7) This Act, . . . shall not extend to Northern Ireland.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULES 1, 2

Constitution

1

The Central Criminal Court (hereafter in this Schedule referred to as " the Court") shall consist of ex officio judges, additional judges and such other persons as may be included in any commission issued under paragraph 4 of this Schedule, and those judges and commissioners shall be the judges of the Court.

2

The ex officio judges shall be the holders of the following offices, that is to say—

City	Supreme Court
Lord Mayor of the City.	Lord Chancellor.
Alderman of the City.	Lord Chief Justice.
Recorder of London.	Judge of the Queen's Bench
Common Serjeant.	Division of the High Court.

3

The additional judges shall be the judges of the Court appointed or holding office under Part II of the City of London (Courts) Act 1964.

Jurisdiction

4

Her Majesty may by commissions of oyer and terminer and gaol delivery for Greater London addressed to the judges of the Court assign to them the duty to exercise jurisdiction under the commissions as judges of the Court, and the commissions shall have the like effect as respects Greater London as commissions of oyer and terminer and gaol delivery issued for a county elsewhere in England and Wales have as respects that county.

5

The jurisdiction of the Court shall include jurisdiction to try and determine indictments for offences committed within the jurisdiction of the Admiralty of England.

6

Her Majesty may by Order in Council direct that the area of jurisdiction of the Central Criminal Court for any session of the Court specified in the Order shall extend to any specified area adjoining Greater London ; and any enactment (including any enactment in this Act) relating to the Central Criminal Court shall have effect as respects the session specified in the Order as if the area so specified were part of Greater London.

7

Every Order in Council under the last foregoing paragraph shall be laid before Parliament after being made.

8

The jurisdiction of the Court may be exercised by any one or more of the judges of the Court and those judges shall, when exercising that jurisdiction, be deemed to constitute a court of the High Court.

Sittings

9

The Lord Chief Justice shall fix and cause to be published the date of the beginning of each session of the Central Criminal Court together with a date in that session which is to be the relevant date for the purposes of paragraph 10 of this Schedule.

10

A magistrates' court who would apart from this paragraph be required to commit an accused person for trial to the next session of the Court shall, if the committal falls to be made between the beginning of a session of the Court and the relevant date in that session, commit him to the current session of the Court; and accordingly section 14(1) of the Criminal Justice Administration Act 1962 (which enables a magistrates' court to commit an accused person to current assizes or quarter sessions with the consent of the accused, the prosecutor and the judge) shall, so far as it relates to committal to the Court, only apply to committal to the Court on or after the relevant date in any session of the Court.

11

Where an accused person is committed for trial to the current session of the Court, his trial shall not, except with his and the prosecutor's consent, begin until the expiration of the period of fourteen days beginning with the date of his committal.

12

Where an accused person is committed for trial to the Court, his trial shall, unless the Court has otherwise ordered, begin not later than whichever of the following dates is applicable, that is to say—

• (a) where he is committed to the current session, the expiration of the period of twenty-eight days beginning with the date of his committal;

• (b) where he is committed to the next session, the expiration of the period of twenty-eight days beginning with the date of his committal or of the period of seven days beginning with the beginning of the next session, whichever is the later.

13

For the purposes of this Schedule the trial of a person committed to the Court shall be deemed to begin when he is arraigned on the charges for which he is indicted in consequence of the committal.

14

The Court may sit at any place in the City and may sit in more than one division simultaneously.

Officers

15

The clerk of the Court and such other officers of the Court as may be necessary shall be appointed by the judges of the Court, and the salaries and any allowances payable to the clerk and other officers shall be such as may be determined by the judges of the Court.

16

The remuneration and expenses of the clerk and other officers of the Court, and any expenses incurred in the provision and maintenance of office machinery and stationery for the office of the clerk of the Court, shall be defrayed by the Greater London Council.

Supplemental

17

Any commission under paragraph 4 of this Schedule may be issued and revoked in the same manner as a commission of assize and, if not so revoked, shall continue in force until superseded by a new commission thereunder.

18

The foregoing provisions of this Schedule shall be without prejudice to the jurisdiction of a court of quarter sessions for any part of Greater London.

SCHEDULE 2

1

Where a person to whom this Schedule applies retires from the office of chairman or deputy chairman of the court of quarter sessions for a London commission area having qualified for a pension under section 22 of the Administration of Justice (Pensions) Act 1950 as applied by section 23(1) of this Act, then, if he so elects—

• (a) the amount of the pension which may be paid to him under the said section 22 shall be an amount equal to the pension for which he would have been eligible if he had continued to serve in his former office of stipendiary magistrate until his retirement at the salary then payable to a holder of that office ; and

• (b) any lump sum payable in his case under Part I of the said Act of 1950 shall be calculated as if his last annual salary were the salary payable at the date of his retirement to a holder of his former office.

2

Where a person to whom this Schedule applies dies while still holding office as chairman or deputy chairman of the court of quarter sessions for a London commission area, and his legal personal representatives so elect, any derivative benefit payable in respect of him under the said Act of 1950 shall be calculated as if the pension for which he would have been eligible if he had retired at the time of his death were a pension of the amount described in paragraph 1(a) of this Schedule, and as if his last annual salary were the salary payable at the time of his death to a holder of his former office.

3

Where the amount of any pension or other benefit payable to or in respect of a person under section 22 of the said Act of 1950 is calculated in accordance with paragraph 1 or 2 of this Schedule, the Greater London Council shall, if he served for not less than five years as a stipendiary magistrate, be entitled to contributions in respect of his former service as a stipendiary magistrate and the contributions shall be paid by the authority who paid his salary in his last office of stipendiary magistrate.

4

The amount of any contribution payable under paragraph 3 of this Schedule in respect of any pension or other benefit to or in respect of any person—

• (a) shall be such as may be agreed between the Greater London Council and the other authority concerned ; or

• (b) in default of agreement, shall be the amount which the contributing authority would have to pay in respect of that benefit on the date of the payment of the benefit if—

• (i) that person had on ceasing to hold his last office of stipendiary magistrate retired from that office on the ground that he was permanently incapacitated by reason of infirmity of mind or body from discharging the duties of his office ; and

• (ii) the Lord Chancellor or the contributing authority, as the case may be, had been satisfied of that ground by means of a medical certificate.

5

Section 33(6) of the Justices of the Peace Act 1949 (which provides for contributions from one authority to another in respect of a pension under that section of a stipendiary magistrate who has served in more than one office) shall apply to the contribution payable by a contributing authority under paragraph 3 of this Schedule as it applies to a pension payable under that section.

6

An election under paragraph 1 or 2 of this Schedule shall be made within the period of three months beginning with the retirement or death of the person by or in respect of whom it is made and shall be made in writing addressed to the clerk to the Greater London Council.

7

Any contribution payable by the Treasury under paragraph 3, or by virtue of paragraph 5, of this Schedule shall be paid out of the Consolidated Fund.

SCHEDULE 3

Part I — General adaptation of enactments

1

Any reference in any enactment to the Central Criminal Court district shall be construed as a reference to Greater London.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

The foregoing provisions of this Schedule shall apply to any reference mentioned in those provisions, whatever the terms of the reference, but shall have effect subject to any specific provision elsewhere in this Act and, in particular, to the following provisions of this Schedule.

Part II — Particular Amendments and Modifications

THE METROPOLITAN POLICE ACT 1829

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE METROPOLITAN POLICE ACT 1856

7

In section 2 the word " Middlesex " shall be omitted and after the word " therein " there shall be inserted the words " and for each of the London commission areas ".

THE STIPENDIARY MAGISTRATES' ACT 1858

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE EXTRADITION ACT 1870

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Central Criminal Court (Prisons) Act 1881

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE MUNICIPAL CORPORATIONS ACT 1882

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE LOCAL GOVERNMENT ACT 1888

12

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE JURIES ACT 1922

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE LOCAL GOVERNMENT (CLERKS) ACT 1931

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE LOCAL GOVERNMENT ACT 1933

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE LOCAL GOVERNMENT SUPERANNUATION ACT 1937

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE ADMINISTRATION OF JUSTICE (MISCELLANEOUS PROVISIONS) ACT 1938

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE LONDON BUILDING ACTS (AMENDMENT) ACT 1939

18

In section 151(1), in paragraph (b) the words “or of the metropolitan police” shall be omitted and after that paragraph there shall be inserted the following paragraph:—

(bb) every building, structure or work vested in the Receiver for the metropolitan police, the magistrates’ courts in the inner London area within the meaning of the Administration of Justice Act 1964 (including the juvenile courts for that area and the City of London) or the probation system in that area

.

THE CRIMINAL JUSTICE ACT 1948

19

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE JUSTICES OF THE PEACE ACT 1949

20

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE COSTS IN CRIMINAL CASES ACT 1952

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE MAGISTRATES' COURTS ACT 1952

22

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE HOUSE OF COMMONS DISQUALIFICATION ACT 1957

23

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE SOLICITORS ACT 1957

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE COUNTY COURTS ACT 1959

25

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DISTRESS FOR RATES ACT 1960

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Matrimonial Proceedings (Magistrates’ Courts) Act 1960

27

In section 1(2), after the word “shall” there shall be inserted the words “subject to section 11 of the Administration of Justice Act 1964 and any determination of the committee of magistrates thereunder.”

THE CRIMINAL JUSTICE ADMINISTRATION ACT 1962

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Betting, Gaming and Lotteries Act 1963

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Offices, Shops and Railway Premises Act 1963

30

In section 52(3) for paragraph (c) there shall be substituted the following paragraph—

(c) premises provided and maintained for purposes connected with the administration of justice by the council of a county, the Greater London Council, a local authority or the receiver for the metropolitan police district

.

The Licensing Act 1964

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

Commissions of the peace

1

Each commission granted under section 2 of this Act shall be issued in time to enable persons mentioned in the commission to exercise all such administrative functions as may be necessary for the purpose of enabling courts of quarter sessions and magistrates' courts for the London commission areas to begin to exercise their jurisdiction on 1st April 1965, but until that date shall not confer on those courts any right to exercise jurisdiction or affect the jurisdiction of any existing court.

Quarter sessions

2

As from the issuing of a commission of the peace for a London commission area specified in column 1 of the following Table until the appointment of a clerk of the peace for that area under the arrangements mentioned in paragraph 3(1) of this Schedule or until 1st April 1965, whichever first occurs, the clerk specified in relation to that area in column 2 of that Table shall act as clerk of the peace for that area, and references in the following paragraphs of this Schedule to the clerk of the peace shall be construed accordingly.

Area	Acting Clerk of the peace
Inner London area.	Clerk of the peace for the county of London.
North-east London area.	Clerk of the peace for Essex.
South-east London area.	Clerk of the peace for Kent.
South-west London area.	Clerk of the peace for Surrey.
Middlesex area.	Clerk of the peace for Middlesex.

3

• (1) After the issue of a commission of the peace for a London commission area and before 1st April 1965 the court of quarter sessions for that area shall make all such arrangements, including the making of appointments, the holding of elections and the making of rules with respect to the procedure of the court, to compensation committees and to other matters, as are necessary for the purpose of enabling the court to begin to exercise their jurisdiction on that date, of establishing committees of the court before that date and of enabling any such committee to exercise all their functions not later than that date.

• (2) The Lord Chancellor may at any time after the issue of a commission of the peace for a London commission area and before 1st April 1965 appoint a person to act as chairman of the court of quarter sessions for that area until the appointment of a whole-time chairman of the court under this Act or until 1st April 1965, whichever first occurs, and any person appointed under this paragraph shall while acting as aforesaid exercise all the administrative functions of the whole-time chairman and be a member and, if the case so requires, chairman of any committee of which the whole-time chairman would be a member or, as the case may be, chairman.

4

• (1) After the issue of a commission of the peace for a London commission area and before 1st April 1965 the Greater London Council shall make all necessary arrangements for satisfying the initial requirements of the court of quarter sessions for that area as to accommodation and equipment, and subsections (2) to (4) and (12) of section 29 of this Act shall apply for that purpose notwithstanding that that section has not come into force.

• (2) In the case of the court of quarter sessions for the north-east, south-east or south-west London area, if the county council of Essex, Kent or Surrey, as the case may be, are requested by the Greater London Council to provide any accommodation or equipment necessary for the purposes of the said arrangements and decline to do so or fail to agree with the Greater London Council about the terms or conditions on which it is to be provided, the dispute shall be referred to the Secretary of State who may give such directions in the matter as he thinks fit, but no county council shall be required by virtue of this sub-paragraph to provide any accommodation or equipment for those purposes after 1st April 1970.

Petty sessional divisions

5

• (1) The Secretary of State shall as soon as may be after the passing of this Act make the following orders :—

• (a) an order under section 14 of this Act dividing the inner London area into petty sessional divisions ;

• (b) an order dividing each of the outer London areas into petty sessional divisions ;

• (c) an order creating such new petty sessional divisions of a county adjoining Greater London or such alterations of existing petty sessional divisions in any such county as he thinks appropriate in consequence of the changes effected in the area of that county by section 3 of the London Government Act 1963.

• (2) Any order made under or by virtue of sub-paragraph (1) of this paragraph may contain transitional and other consequential provisions.

• (3) Any order under section 14 of this Act making the initial division of the inner London area into petty sessional divisions may be made without the recommendation or consultation required by that section.

• (4) An order under sub-paragraph (1)(b) or (c) of this paragraph shall be treated for the purposes of the Justices of the Peace Act 1949 as if it had been made under section 18 of that Act.

Magistrates' courts, etc.

6

• (1) Subject to paragraph 14 of this Schedule, after the division of a London commission area into petty sessional divisions and before 1st April 1965 the justices of the respective divisions of that area shall make all such arrangements, including the making of appointments and the holding of elections, as are necessary for the purpose of enabling magistrates' courts for the area to begin to exercise their jurisdiction on that date and of establishing before that date the several committees and other bodies to which members fall to be appointed or elected by the justices for that area or any division thereof.

• (2) Without prejudice to sub-paragraph (1) of this paragraph, but subject as aforesaid, any committee or other body to which members are appointed or elected by justices of the peace for a London commission area or any petty sessional division thereof shall after being established and before 1st April 1965 make all such arrangements for the area or division for which they act, including the making of appointments and holding of elections, as are necessary for the purpose of enabling the magistrates' courts for that area to begin to exercise their jurisdiction on that date and of enabling that body to exercise all their functions not later than that date.

• (3) In particular, a magistrates' courts committee for an outer London area shall before 1st April 1965 consider the desirability of, and if necessary make recommendations under Schedule 2 to the Children and Young Persons Act 1963 for, forming combined juvenile court panels for two or more petty sessional divisions in that area.

7

• (1) The Lord Chancellor shall after the issue of a commission of the peace for the inner London area and before 1st April 1965 appoint persons to be members of the juvenile court panel for that area and the City and to be chairmen of juvenile courts for that area and the City.

• (2) For the purpose of establishing the committee of magistrates for the inner London area—

• (a) the persons appointed in pursuance of sub-paragraph (1) of this paragraph shall as soon as practicable after being appointed choose members of the panel in accordance with section 13(3)(b) of this Act to be members of the committee of magistrates ;

• (b) the chief metropolitan stipendiary magistrate shall as soon as practicable after the issue of a commission of the peace for that area nominate metropolitan stipendiary magistrates in accordance with section 13(3)(c) of this Act to be members of that committee; and

• (c) the lay justices elected to the committee under paragraph 6(1) of this Schedule or paragraph (a) of this sub-paragraph shall as soon as practicable after being elected choose a person in accordance with section 13(5) of this Act to be deputy chairman of the committee.

8

• (1) This paragraph applies to a petty sessional division of a county adjoining Greater London, being a division which has been created or altered by an order under paragraph 5 of this Schedule and with respect to which the Secretary of State has directed that this paragraph shall apply thereto.

• (2) After the making of an order under paragraph 5 of this Schedule with respect to a petty sessional division to which this paragraph applies and before 1st April 1965 the justices for the division and any committee or other body to which they appoint or elect members shall, subject to sub-paragraph (3) of this paragraph, make the like arrangements as are required to be made under paragraph 6 of this Schedule in the case of a petty sessional division of an outer London area.

• (3) Sub-paragraph (2) of this paragraph shall not be construed as requiring the magistrates' courts committee for a county comprising a petty sessional division to which this paragraph applies to be reconstituted for any purpose before 1st April 1965, but until that date the magistrates' courts committee when considering any matter or taking any action affecting any such division shall afford an opportunity to persons chosen by the justices for the division under the arrangements made by virtue of the said sub-paragraph (2) to attend and take part in the proceedings of the committee.

9

• (1) The chairman and deputy chairman of the justices for a petty sessional division of an outer London area elected under arrangements mentioned in paragraph 6 of this Schedule shall hold office until 31st December 1965.

• (2) A member of a magistrates' courts committee for an outer London area appointed under any such arrangements shall hold office until 1st December 1965.

• (3) A member of a juvenile court panel for an outer London area appointed under any such arrangements shall hold office until 31st October 1967.

• (4) A member of a juvenile court panel for one or more petty sessional divisions of a county adjoining Greater London appointed under arrangements mentioned in paragraph 8 of this Schedule shall hold office until 31st October 1967.

• (5) Any requirements imposed by the foregoing provisions of this paragraph shall have effect subject to the provisions of any instrument made under any enactment, including this Act.

10

• (1) The clerk of the peace for the inner London area or a person appointed by him shall act as justices' clerk for each petty sessional division of that area and for the juvenile courts of that area until a chief clerk is appointed for those divisions or those courts by the committee of magistrates under arrangements mentioned in paragraph 6 of this Schedule or until 1st April 1965, whichever first occurs.

• (2) An order under paragraph 5(1)(b) of this Schedule and an order under paragraph 5(1)(c) thereof creating a new petty sessional division shall specify the clerk to the justices for an existing petty sessional division who is to act as clerk to the justices for the new petty sessional division until a clerk for the new division is appointed by the magistrates' courts committee under arrangements mentioned in paragraph 6 or 8 of this Schedule or until 1st April 1965, whichever first occurs.

• (3) The clerk of the peace for a London commission area shall act as clerk to the committee of magistrates or the magistrates' courts committee, as the case may be, until a clerk is appointed by the committee or until 1st April 1965, whichever first occurs.

11

Unless the justices for a petty sessions area which will be abolished or altered by this Act otherwise resolve—

• (a) the election of a chairman or deputy chairman of the justices for that area due apart from this paragraph to take place in October 1964 shall not be held, and the persons holding office as chairman or deputy chairman at the time at which the election would apart from this paragraph have been held shall continue to hold office until 1st April 1965 ;

• (b) no appointments shall be made after the passing of this Act to a juvenile court panel for that area and the persons who are members of the existing panel shall continue in office until 1st April 1965.

12

Any person who—

• (a) is a member of a magistrates' courts committee for the county of Essex, Kent, Surrey or Hertfordshire or of any other body which has functions in relation to that county or any part thereof and will continue to exist after 1st April 1965; and

• (b) is such a member by virtue of his being a justice of the peace acting for an existing petty sessional division the area of which on that date will be wholly or partly included in Greater London ;

shall on that date cease to be a member of that committee or other body.

Juries

13

• (1) The jurors book prepared during 1964 for the area of the county of London, Middlesex, Essex, Kent, Surrey or Hertfordshire shall, notwithstanding the abolition of the county or the alteration of its area as from 1st April 1965, continue to be the jurors book for the area constituting the county before that date until it is superseded by the new jurors book on 15th August 1965.

• (2) A person whose name is included in a jurors book continued in force by sub-paragraph (1) of this paragraph by virtue of his residence in an area within Greater London shall not after 1st April 1965 be liable to serve on a jury for a county outside Greater London, and a person whose name is included as aforesaid by virtue of his residence in an area outside Greater London shall not after that date be liable to serve on a jury for Greater London or a London commission area.

• (3) Precepts shall be issued before 1st April 1965—

• (a) by the High Court and the Central Criminal Court for the summoning and return of jurors from any area of Greater London to serve after that date as jurors at the High Court or the Central Criminal Court, as the case may be ;

• (b) by the court of quarter sessions for a London commission area for the summoning and return of jurors from that area to serve after that date as jurors at the court;

and any precept issued under this sub-paragraph with respect to jurors from any area shall be directed to the sheriff having jurisdiction in that area at the time of the issue of the precept.

• (4) On or about 1st April 1965—

• (a) there shall be handed over to the sheriff of Greater London so much of the jurors books for any county mentioned in sub-paragraph (1) of this paragraph as relates to any area which as from that date forms part of Greater London;

• (b) there shall be handed over to the sheriff of Surrey or the sheriff of Hertfordshire so much of the jurors book for the county of Middlesex as relates to any area which as from that date forms part of the county of Surrey or of the county of Hertfordshire, as the case may be.

Probation

14

• (1) An order under paragraph 1 of Schedule 5 to the Criminal Justice Act 1948 (whether as originally enacted or extended by section 22 of this Act) combining in any probation area two or more petty sessional divisions of a London commission area may be made at any time after the issuing of a commission of the peace for that area, and if any such order is made paragraph 6(1) and (2) of this Schedule shall not apply in relation to the petty sessional divisions comprised in a probation area established by the order or to probation committees for that area or case committees for those divisions.

• (2) Any probation or case committee for a petty sessions area abolished or altered by this Act shall remain in being until 1st April 1965.

Licensing

15

• (1) Any order made, licence granted or other thing done under the Licensing Act 1964 by the licensing justices for a licensing district which will be abolished or altered by this Act, being an order or licence in force or a thing having effect immediately before that date, shall continue to have the like effect on and after that date as if the district had not been abolished or altered on that date, but shall be treated as if it had been made, granted or done by the licensing justices for the new licensing district comprising the first-mentioned district or, if there is more than one new licensing district, that in which the premises concerned are situated.

• (2) Any compensation committee for a county or borough abolished by section 3 of the London Government Act 1963 and any licensing committee for a licensing district the area of which will on 1st April 1965 be wholly or partly included in Greater London shall continue in being until that date and shall continue until that date to act for the area of the county or borough or that district, as the case may be.

• (3) Any proceedings before a compensation committee or licensing committee mentioned in sub-paragraph (2) of this paragraph, being proceedings which have not been finally disposed of before 1st April 1965, shall be continued and disposed of as if the London Government Act 1963 and this Act had not been passed, and sub-paragraph (1) of this paragraph shall with necessary modifications apply to things done by any such committee for the purpose of disposing of proceedings in pursuance of this sub-paragraph.

Preliminary expenditure

16

• (1) Any expenditure incurred before 1st April 1965 in connection with the following matters, that is to say—

• (a) the court of quarter sessions for a London commission area and the clerk of the peace and other officers of any such court;

• (b) magistrates' courts for an outer London area, the magistrates' courts committee for any such area, justices' clerks and other officers appointed by any such committee, and any other body having functions in relation to that area or any part thereof and composed wholly or mainly of justices of the peace for that area ;

shall be defrayed by the Greater London Council.

• (2) Any existing authority shall be entitled to recover from the Greater London Council in respect of work undertaken in connection with any of the matters mentioned in sub-paragraph (1) of this paragraph by a person acting as clerk of the peace or by any other person remunerated by them such sum as may be agreed between that authority and the Greater London Council or, in default of agreement, determined by the Secretary of State.

• (3) Any expenditure incurred by the Greater London Council under this paragraph in connection with any of the matters mentioned in sub-paragraph (1)(b) of this paragraph shall be chargeable only on the outer London boroughs.

17

Any expenditure incurred before 1st April 1965 in connection with the following matters, that is to say, magistrates' courts for the inner London area, the committee of magistrates, justices' clerks and other officers appointed by that committee, and any other body having functions in relation to that area or any part thereof and composed wholly or mainly of justices of the peace for that area, shall be defrayed by the Receiver out of the metropolitan police fund.

18

Any expenditure of the Greater London Council or the Receiver under paragraph 16 or 17 of this Schedule—

• (a) shall, so far as it relates to probation committees, be treated for the purposes of section 77(3) of the Criminal Justice Act 1948 as having been incurred under Schedule 5 to that Act;

• (b) shall, so far as it relates to any functions mentioned in section 27(2) of the Justices of the Peace Act 1949, be treated for the purposes of that section as having been incurred in connection with those functions.

Pending proceedings

19

• (1) Any proceedings the hearing of which has begun but is not completed before 1st April 1965 before the court of quarter sessions for a county or borough abolished by section 3 of the London Government Act 1963 shall be continued and disposed of as if that Act and this Act had not been passed.

• (2) Any expenses incurred by a court exercising jurisdiction or other powers by virtue of the foregoing sub-paragraph, including such sums in respect of the remuneration and allowances of the chairman, recorder and officers of the court as may be agreed between the persons to be remunerated and the Greater London Council or, in default of agreement, as may be determined by the Secretary of State, shall be defrayed by the Greater London Council.

20

Subject to paragraph 19 of this Schedule, any person who immediately before 1st April 1965 stands committed for trial or sentence or order to the court of quarter sessions for a county or borough abolished by section 3 of the London Government Act 1963 shall be deemed to have been committed to the court of quarter sessions for the London commission area in which the county or borough is wholly or mainly situated and may be tried, sentenced or otherwise dealt with by the last-mentioned court as if he had originally been committed thereto by a magistrates' court for that area ; and any recognizance entered into in connection with the committal shall have effect accordingly.

21

• (1) The inclusion in a London commission area of any existing part of the county of Essex, Kent, Surrey or Hertfordshire shall not affect the jurisdiction or other powers of a court of assize or quarter sessions for that county to hear and determine any proceedings of which the court has cognizance immediately before 1st April 1965.

• (2) The inclusion in the county of Surrey or Hertfordshire of any part of the existing district of the Central Criminal Court shall not affect the jurisdiction of that Court to hear and determine any proceedings of which the Court has cognizance immediately before 1st April 1965.

• (3) For the purposes of this paragraph the court shall be deemed to have cognizance of any proceedings immediately before 1st April 1965 if—

• (a) in the case of criminal proceedings, the accused has before that date been committed to the court for trial, sentence or order or under section 5 of the Vagrancy Act 1824 or otherwise been ordered to be tried before the court;

• (b) in the case of an appeal to a court of quarter sessions, notice of appeal has been given before that date ;

• (c) in any other case, the proceedings have been instituted before that date ;

and the proceedings have not been concluded.

22

Any documents in the custody, by virtue of his office as such, of the custos rotulorum or the clerk of the peace for a county or borough abolished by section 3 of the London Government Act 1963 shall be transferred to the custody of the custos rotulorum or the clerk of the peace, as the case may be, for the London commission area in which that county or borough is wholly or mainly situated.

Miscellaneous

23

A deputy lieutenant of the county of London or of Middlesex holding office immediately before 1st April 1965 shall on and after that date be treated for the purposes of section 18 of this Act and the enactments applied by that section as if he had been appointed a deputy lieutenant of Greater London under section 30 of the Militia Act 1882.

24

• (1) A person who immediately before 1st April 1965 is qualified to be appointed sheriff of a county adjoining the county of London by reason of holding land in that adjoining county shall notwithstanding that that land becomes part of Greater London, continue until the 1st April 1967, to be qualified to be appointed sheriff of that adjoining county.