Justices of the Peace Act 1979 (repealed 19.6.1997)

• (1) Where a general rate has been made, approved and published, and a warrant of distress is issued against a person on whom the rate has been levied, no action shall be brought against the justice or justices who granted the warrant by reason of any irregularity or defect in the rate, or by reason that the person in question was not liable to the rate.

• (2) Any reference in this section to a general rate shall—

• (a) in relation to the City of London, be construed as including a reference to a poor rate, and

• (b) in relation to the Inner Temple and the Middle Temple, be construed as a reference to any rate in the nature of a general rate.

• (3) Subsection (2) above shall have effect without prejudice to the generality of section 26 of the Administration of Justice Act 1964 (whereby, for the purposes of the law relating to justices of the peace and other matters therein mentioned, the Temples are included in the City) in its application to this Act.

Where action prohibited, proceedings may be set aside

50

If any action is brought in circumstances in which this Part of this Act provides that no action is to be brought, a judge of the court in which the action is brought may, on the application of the defendant and upon an affidavit as to the facts, set aside the proceedings in the action, with or without costs, as the judge thinks fit.

No action in county court if defendant justice objects

51

No action shall be brought in the county court against a justice of the peace for anything done by him in the execution of his office as such a justice if he objects to it; and if within six days after being served with a summons in any such action the justice, or his solicitor or agent, gives written notice to the plaintiff that the justice objects to being sued in the county court in respect of the cause of action in question, all subsequent proceedings in the county court in the action shall be null and void.

Limitation of damages

52

• (1) The provisions of this section shall have effect where, in any action brought against a justice of the peace for anything done by him in the execution of his office as such a justice, the plaintiff is (apart from this section) entitled to recover damages in respect of a conviction or order, and proves the levying or payment of a penalty or sum of money under the conviction or order as part of the damages which he seeks to recover, or proves that he was imprisoned under the conviction or order and seeks to recover damages for the imprisonment, but it is also proved—

• (a) that the plaintiff was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum he was so ordered to pay, and

• (b) where he was imprisoned, that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted or for non-payment of the sum he was so ordered to pay.

• (2) In the circumstances specified in subsection (1) above, the plaintiff shall not be entitled to recover the amount of the penalty or sum levied or paid as mentioned in that subsection or (as the case may be) to recover any sum beyond the sum of one penny as damages for the imprisonment, and shall not be entitled to any costs.

Indemnification of justices and justices' clerks

53

• (1) Subject to the provisions of this section and of section 54 below, a justice of the peace or justices' clerk may be indemnified out of local funds in respect of—

• (a) any costs reasonably incurred by him in or in connection with proceedings against him in respect of anything done or omitted in the exercise or purported exercise of the duty of his office, or in taking steps to dispute any claim which might be made in such proceedings;

• (b) any damages awarded against him or costs ordered to be paid by him in any such proceedings ; or

• (c) any sums payable by him in connection with a reasonable settlement of any such proceedings or claim ;

and shall be entitled to be so indemnified if, in respect of the matters giving rise to the proceedings or claim, he acted reasonably and in good faith.

• (2) Any question whether, or to what extent, a person is to be indemnified under this section shall be determined by the magistrates' courts committee for the area for which he acted at the material time; and a determination under this subsection with respect to any such costs or sums as are mentioned in paragraph (a) or paragraph (c) of subsection (1) above may, if the person claiming to be indemnified so requests, be made in advance before those costs are incurred or the settlement made, as the case may be:

Provided that any such determination in advance for indemnity in respect of costs to be incurred shall be subject to such limitations, if any, as the committee think proper and to the subsequent determination of the amount of the costs reasonably incurred and shall not affect any other determination which may fall to be made in connection with the proceedings or claim in question.

• (3) An appeal shall lie to a person appointed for the purpose by the Lord Chancellor—

• (a) on the part of the person claiming to be indemnified, from any decision of the magistrates' courts committee under subsection (2) above, other than a decision to postpone until after the conclusion of the proceedings any determination with respect to his own costs or to impose limitations on making a determination in advance for indemnity in respect of such costs;

• (b) on the part of the local authority, from any determination of the magistrates' courts committee under that subsection, other than a determination in advance for indemnity in respect of costs to be incurred by the person claiming to be indemnified.

• (4) The Lord Chancellor may by statutory instrument make rules prescribing the procedure to be followed in any appeal under this section; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) In this section " justices' clerk" includes a person appointed by a magistrates' courts committee to assist a justices' clerk and any member of the staff of a part-time justices' clerk assisting the clerk in his duties as such; " local funds ", in relation to a justice or a justices' clerk, means funds out of which any salary or allowance to which he is entitled (or, if he is entitled to more than one, is entitled in the relevant capacity) is payable; and " local authority " means the authority responsible for the payment of any such salary or allowance.

• (6) Subsection (5) above shall not apply to the inner London area, but in the application of the other provisions of this section to that area—

• (a) for any reference to local funds there shall be substituted a reference to the metropolitan police fund ;

• (b) for any reference to a magistrates' courts committee there shall be substituted a reference to the committee of magistrates set up under section 35 of this Act; and

• (c) for any reference to a local authority there shall be substituted a reference to the Receiver,

and " justices' clerk" includes any officer employed by the committee of magistrates.

Provisions as to prerogative proceedings and membership of Crown Court

54

• (1) Section 53 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 a member of the Crown Court.

• (2) The Lord Chancellor may, if he thinks fit, defray out of moneys provided by Parliament any costs awarded against a justice or justices' clerk in proceedings for an order of prohibition, mandamus or certiorari (other than proceedings relating to the jurisdiction of the Crown Court) or any part of such costs.

• (3) In this section " justices' clerk " has the same meaning as in section 53 of this Act.

PART VI — Administrative and Financial Arrangements

Duties of local authorities outside Greater London

55

• (1) Subject to the provisions of this Act, the council of each non-metropolitan county and of each metropolitan district shall provide the petty sessional court-houses and other accommodation, and the furniture, books, and other things, proper for the due transaction of the business, and convenient keeping of the records and documents, of the county justices or any committee of such justices, or for enabling the justices' clerk for the non-metropolitan county or metropolitan district or any part thereof to carry out his duties.

• (2) The council of each non-metropolitan county or metropolitan district shall pay—

• (a) any expenses of the magistrates' courts committee, or, in the case of a committee acting for the area of more than one such council, the proper proportion of those expenses; and

• (b) the sums payable under Part II of this Act on account of a person's salary or expenses as justices' clerk for the non-metropolitan county or metropolitan district or any part thereof and the remuneration of any staff employed by the magistrates' courts committee to assist him, together with—

• (i) secondary Class I contributions payable in respect of any such person or staff under Part I of the Social Security Act 1975, and

• (ii) state scheme premiums so payable under Part III of the Social Security Pensions Act 1975 ; and

• (c) so far as they are not otherwise provided for, all other costs incurred with the general or special authority of the magistrates' courts committee by the county justices.

• (3) Subject to section 16(2) of this Act, any accommodation provided under this section for any justices or justices' clerk may be outside the area for which the justices act and, in the case of a petty sessional court-house, shall be deemed to be in that area for the purposes of the jurisdiction of the justices when acting in the court-house.

• (4) Two or more councils may arrange for accommodation, furniture, books or other things provided for the purposes of this section by one of them to be used also as if provided for those purposes by the other or each of the others.

Provisions supplementary to s. 55

56

• (1) Subject to the provisions of this section—

• (a) the petty sessional court houses and other accommodation, furniture, books and other things to be provided by a council under section 55 of this Act;

• (b) the salary to be paid to a justices' clerk and the staff to be provided for him ; and

• (c) the nature and amount of the expenses which a magistrates' courts committee may incur in the discharge of any functions or may authorise to be incurred, including the sums payable to a justices' clerk in respect of accommodation, staff or equipment provided by him,

shall be such as may from time to time be determined by the magistrates' courts committee after consultation with the council or councils concerned.

• (2) Where the expenses of the magistrates' courts committee, or the sums payable to or in respect of a justices' clerk holding more than one clerkship or to or in respect of staff provided for any such clerk, fall to be borne by more than one council, any question as to the manner in which they are to be borne by the councils concerned shall be determined by agreement between those councils or, in default of such agreement, shall be determined by the Secretary of State.

• (3) Any council concerned which is aggrieved by a determination of a magistrates' courts committee under subsection (1) above may, within one month from the receipt by the council of written notice of the determination, appeal to the Secretary of State, whose decision shall be binding upon the magistrates' courts committee and any council concerned.

• (4) The approval of the Secretary of State shall be required for any determination under subsection (1) above reducing the salary of a justices' clerk, unless the clerk consents to the reduction.

Application of ss. 55 and 56 to outer London areas and City of London

57

• (1) The provisions of sections 55 and 56 of this Act shall have effect in relation to each of the outer London areas as if each such area were a non-metropolitan county and as if the Greater London Council were the council of that county.

• (2) The sums payable by the Greater London Council under section 55(2) as applied by subsection (1) above shall be chargeable only on the outer London boroughs.

• (3) Sections 55 and 56 of this Act shall have effect in relation to the City of London as if in section 55 above—

• (a) references to a non-metropolitan county and to county justices were references to the City and to justices for the City respectively, and

• (b) any reference to the council of a non-metropolitan county were a reference to the Corporation of the City acting through the Common Council,

and references to a council in section 56 of this Act shall be construed accordingly.

Corresponding arrangements in inner London area

58

• (1) The Receiver shall provide such court houses 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 of London) 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, of such 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—

• (i) secondary Class I contributions payable in respect of those officers under Part I of the Social Security Act 1975, and

• (ii) state scheme premiums so payable under Part III of the Social Security Pensions Act 1975 ; and

• (c) any superannuation benefits payable in respect of such clerks and other officers under any enactment or instrument applied to them by regulations having effect in accordance with section 15(9) of the Superannuation (Miscellaneous Provisions) Act 1967, 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 any such enactment or instrument.

• (3) Without prejudice to subsection (2) above, the expenses of and incidental to the magistrates' courts for the inner London area, except the salaries and superannuation allowances of metropolitan stipendiary magistrates, shall be paid out of the metropolitan police fund; and, if any question arises as to what expenses are expenses of or incidental to any such court, the question shall be determined by the Secretary of State, with the concurrence of the Treasury so far as the question affects the amount of any charge on the Exchequer.

• (4) 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 purposes of the jurisdiction of the court.

• (5) The Secretary of State, after consultation with the committee of magistrates, may assign court houses 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 of London) and may alter any assignment under this subsection.

Grants by Secretary of State to responsible authorities

59

• (1) The Secretary of State may out of moneys provided by Parliament pay to the responsible authorities grants towards the net cost to them in any year—

• (a) of their functions under Part II or this Part of this Act, or under any such regulations as are mentioned in subsection (2) below, or, in the case of the Receiver, his corresponding functions ; and

• (b) of making payments under section 12 or section 53 of this Act.

• (2) The regulations referred to in subsection (1) (a) above are any regulations made, or having effect as if made, under section 7 of the Superannuation Act 1972 with respect to persons appointed or deemed to have been appointed as justices' clerks, or employed by a magistrates' courts committee to assist a justices' clerk, under Part III of the Justices of the Peace Act 1949 or under Part II of this Act.

• (3) The amount of any grant under this section shall not exceed 80 per cent, of the expenditure in respect of which it is made.

• (4) The Secretary of State, with the concurrence of the Treasury, may by statutory instrument make regulations as to the manner in which income and expenditure of responsible authorities are to be taken into account in determining the net cost to them in any year of the matters mentioned in subsection (1) above; and for the purposes of this section any question as to that cost shall (subject to any such regulations) be determined by the Secretary of State.

• (5) Grants under this section shall be paid at such times, in such manner and subject to such conditions as the Secretary of State may with the approval of the Treasury determine.

• (6) In this section " responsible authority " means any of the following, namely, the council of a non-metropolitan county or metropolitan district, the Greater London Council, the Corporation of the City of London and the Receiver.

Special provision as to grants to Greater London Council

60

• (1) Any grant paid to the Greater London Council under section 59 of this Act shall be placed to the credit of the special London account out of which the relevant expenses of the Council are payable.

• (2) In this section " the relevant expenses " means expenses under section 55(2) as applied by section 57(1) of this Act.

Application of fines and fees

61

• (1) Subject to paragraphs (a) and (b) of section 114 (1) of the Magistrates Courts Act 1952 (which relates to the disposal of sums adjudged to be paid by a summary conviction) and to the following provisions of this section, there shall be paid to the Secretary of State—

• (a) all fines imposed by a magistrates' court and all sums which become payable by virtue of an order of such a court and are by any enactment made applicable as fines so imposed or any class or description of such fines; and

• (b) all other sums received by a justices' clerk by reason of his office except sums to which a person other than the Secretary of State is by law entitled and which are paid to that person.

• (2) The sums payable to the Secretary of State by virtue of paragraph (a) of subsection (1) above shall not include—

• (a) any sums which by or in pursuance of any provision in the enactments relating to those sums are directed to be paid to the Commissioners of Customs and Excise or to any officer of theirs or person appointed by them; or

• (b) any sums which by or in pursuance of any such provision are directed to be paid to or for the benefit of the party aggrieved, party injured or a person described in similar terms, or to or for the benefit of the family or relatives of a person described in any such terms or of a person dying in consequence of an act or event which constituted or was the occasion of an offence; or

• (c) any sums which by or in pursuance of any such provision are directed to be applied in making good any default or repairing any damage or paying or reimbursing any expenses (other than those of the prosecution) ; or

• (d) any sums which are directed to be paid to any person by or in pursuance of any such provision referring in terms to awarding or reimbursing a loss, or to damages, compensation or satisfaction for loss, damage, injury or wrong.

• (3) Paragraph (b) of subsection (1) above shall not apply to sums received by a justices' clerk on account of his salary or expenses as such; and any sum paid to the Secretary of State by virtue of that paragraph shall be paid to him subject to its being repaid to any person establishing his title to it.

• (4) The Secretary of State, with the concurrence of the Treasury, may by statutory instrument make regulations as to the times at which, and the manner in which, justices' clerks shall account for and pay the sums payable to him under this section, and as to the keeping, inspection and audit of accounts of justices' clerks, whether for the purposes of this section or otherwise.

• (5) For the purposes of this section anything done by the Crown Court on appeal from a magistrates' court shall be treated as done by the magistrates' court.

• (6) Any sums received by the Secretary of State under this section shall be paid by him into the Consolidated Fund.

• (7) In this section " fine " includes—

• (a) any pecuniary penalty, pecuniary forfeiture or pecuniary compensation payable under a conviction, and

• (b) any non-pecuniary forfeiture on conviction by, or under an order of, a magistrates' court so far as the forfeiture is converted into or consists of money,

and " justices' clerk " includes a clerk of special sessions.

Defaults of justices' clerks and their staffs

62

• (1) The Secretary of State may, if he thinks fit, pay to any person any money due to that person which he has not received because of the default of a justices' clerk or of a person employed to assist a justices' clerk.

• (2) In this section "justices' clerk" has the same meaning as in section 61 of this Act.

PART VII — Miscellaneous and Supplementary Provisions

Courses of instruction

63

• (1) It shall be the duty of every magistrates' courts committee, 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 their area.

• (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) There may be paid out of moneys provided by Parliament any expenses incurred by the Lord Chancellor in providing courses of instruction for justices of the peace.

• (4) If courses of instruction are not provided for justices of the peace of any area as required by subsection (1) or subsection (2) above, then any expenses incurred by the Lord Chancellor in providing courses of instruction to make good the default shall be recoverable by him from the magistrates' courts committee or committee of magistrates in default; and any sums recovered by the Lord Chancellor under this subsection shall be paid into the Consolidated Fund.

• (5) The Secretary of State may provide courses of instruction for justices' clerks and their staffs.

• (6) In this section " justices' clerk " includes a clerk of special sessions.

Disqualification in certain cases of justices who are members of local authorities

64

• (1) A justice of the peace who is a member of a local authority within the meaning of the Local Government Act 1972 or the Local Government (Scotland) Act 1973 shall not act as a member of the Crown Court or of a magistrates' court in any proceedings brought by or against, or by way of appeal from a decision of, the authority or any committee or officer of the authority.

• (2) For the purposes of subsection (1) above—

• (a) any reference to a committee of a local authority includes a joint committee, joint board, joint authority or other combined body of which that authority is a member or on which it is represented ; and

• (b) any reference to an officer of a local authority refers to a person employed or appointed by the authority, or by a committee of the authority, in the capacity in which he is employed or appointed to act.

• (3) A justice of the peace who is a member of the Common Council of the City of London shall not act as a member of the Crown Court or of a magistrates' court in any proceedings brought by or against, or by way of appeal from a decision of, the Corporation of the City or the Common Council or any committee or officer of the Corporation or Common Council; and subsection (2) above shall apply for the purposes of this subsection, with the substitution, for references to a local authority, of references to the Corporation or the Common Council.

• (4) Nothing in this section shall prevent a justice from acting in any proceedings by reason only of their being brought by a police officer.

• (5) No act shall be invalidated by reason only of the disqualification under this section of the person acting.

Justices not disqualified by reason of being ratepayers

65

A justice of the peace may perform any act in the execution of his office as such a justice in relation to the laws concerning rates leviable by a rating authority, notwithstanding that the justice is rated to or chargeable with such rates in the area affected by the act in question.

Acts done by justices outside their commission area

66

• (1) A justice of the peace for any commission area may act as a justice for that area in any commission area which adjoins the commission area for which he is a justice.

• (2) Justices for the county of Surrey or the county of Kent may hold special or petty sessions for any division of their county at any place in Greater London; and for all purposes relating to sessions so held the place at which they are held shall be deemed to be within the county and the division for which the justices holding them are justices.

Promissory oaths of certain justices

67

• (1) Subject to the provisions of this section, any person who under this Act or under any other enactment is a justice of the peace for any area by virtue of any other office held by him shall, before acting as such a justice, take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Acts.

• (2) A person shall not be required by virtue of subsection (1) above to take those oaths as a justice of the peace by reason only of his being appointed under this Act or any other enactment to act temporarily as deputy for, or as if he were, the holder of another office to which that subsection applies; but those oaths may be taken by and administered to any such person notwithstanding anything in the Promissory Oaths Acts or any other enactment.

• (3) A person shall not be required, on becoming a justice of the peace for any area, to take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Acts if he has at any time done so as justice of the peace for whatever area.

• (4) The oaths required by law to be taken by a metropolitan stipendiary magistrate may, in the case of a person authorised to act as such under section 34 of this Act, be taken before any of the metropolitan stipendiary magistrates.

• (5) In this section " the Promissory Oaths Acts " means the Promissory Oaths Act 1868 and the Promissory Oaths Act 1871.

Greater Manchester, Merseyside and Lancashire

68

• (1) Sections 6(1), 7 and 11 of this Act shall have effect in relation to the counties of Greater Manchester, Merseyside and Lancashire with the substitution, for any reference to the Lord Chancellor, of a reference to the Chancellor of the Duchy of Lancaster.

• (2) In relation to the entry in or removal from the supplemental list of the name of a person who is a justice of the peace only for any of the counties of Greater Manchester, Merseyside and Lancashire, subsections (4) to (6) of section 8 and section 9 of this Act shall have effect respectively with the substitution, for any reference to the Lord Chancellor, of a reference to the Chancellor of the Duchy of Lancaster.

Isles of Scilly

69

For the purposes of this Act the Isles of Scilly shall be deemed to form part of the county of Cornwall.

Interpretation

70

In this Act, except in so far as the context otherwise requires.—

• " commission area " has the meaning assigned to it by section 1 of this Act;

• " joint committee area " has the meaning assigned to it by section 19(3) of this Act;

• " justices' clerk " means a clerk to the justices for a petty sessions area;

• " London commission areas ", " inner London area " and " outer London areas " have the meanings assigned to them by section 2 of this Act;

• " magistrate ", in relation to a county, a London commission area or the City of London, means a justice of the peace for the county, London commission area or the City, as the case may be, other than a justice whose name is for the time being entered in the supplemental list, and, in relation to a part of a county or of a London commission area, means a person who (in accordance with the preceding provisions of this definition) is a magistrate for that county or area and ordinarily acts in and for that part of it;

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

• " petty sessional court-house " means any of the following, that is to say— a court-house or place at which justices are accustomed to assemble for holding special or petty sessions or for the time being appointed as a substitute for such a court-house or place (including, where justices are accustomed to assemble for either special or petty sessions at more than one court-house or place in a petty sessional division, any such courthouse or place); a court-house or place at which a stipendiary magistrate is authorised by law to do alone any act authorised to be done by more than one justice of the peace;

• " petty sessions area " has the meaning assigned to it by section 4 of this Act;

• " prescribed " in Part II of this Act means prescribed by regulations made by the Secretary of State by statutory instrument;

• " the Receiver " means the Receiver for the metropolitan police district;

• " stipendiary magistrate " includes a metropolitan stipendiary magistrate;

• " the supplemental list " has the meaning assigned to it by section 8 of this Act.

Transitional provisions and savings, amendments and repeals

71

• (1) The transitional provisions and savings in Schedule 1 to this Act shall have effect.

• (2) Subject to subsection (1) above—

• (a) the enactments specified in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule ; and

• (b) the enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

• (3) Subject to any express amendment or repeal made by this Act, any enactment passed or instrument made before the 18th April 1973 and in force at the commencement of this Act shall have effect in relation to any time thereafter as if—

• (a) any reference to a person appointed justice by a com mission of the peace or to a person being removed from a commission of the peace were a reference to his being appointed or removed from office as a justice of the peace in accordance with section 6 of this Act; and

• (b) any reference to a supplemental list kept by virtue of section 4 of the Justices of the Peace Act 1949 in connection with the commission of the peace for any area were a reference to the supplemental list for England and Wales kept under section 8 of this Act.

• (4) The inclusion in this Act of any express transitional provision, saving or amendment shall not be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

Short title, commencement and extent

72

• (1) This Act may be cited as the Justices of the Peace Act 1979.

• (2) This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

• (3) This Act shall not extend to Scotland or to Northern Ireland.

SCHEDULE 1

Interpretation

1

In this Schedule—

• " the Act of 1949 " means the Justices of the Peace Act 1949;

• " the Act of 1964 " means the Administration of Justice Act 1964;

• " the Act of 1968 " means the Justices of the Peace Act 1968 ;

• " the Act of 1972 " means the Local Government Act 1972;

• " the Act of 1973 " means the Administration of Justice Act 1973.

General transitional provisions

2

• (1) In so far as anything done, or having effect as if done, under or in accordance with an enactment repealed by this Act could have been done under or in accordance with a corresponding provision in this Act, it shall not be invalidated by the repeal but shall have effect as if done under or in accordance with that provision.

• (2) Sub-paragraph (1) above applies, in particular, to any regulation, order, rule, appointment or determination made, commission of the peace issued, meeting or sitting held, notice served or direction or consent given.

• (3) Subject to the provisions of this Schedule, any document made, served or issued before the passing of this Act or at any time thereafter (whether before or after the commencement of this Act) and containing a reference, whether express or implied, to an enactment repealed by this Act, or having effect as if containing such a reference, shall, except in so far as the context otherwise requires, be construed as referring or (as the context requires) as including a reference to the corresponding provision of this Act.

• (4) Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

Commissions of the peace

3

• (1) Where a commission of the peace is in force immediately before the commencement of this Act as the commission of the peace for a commission area, the repeal of any enactment by this Act shall not affect its continuance in force as the commission of the peace for that commission area.

• (2) Any order made under subsection (2) of section 217 of the Act of 1972 (which conferred power by order to specify which of two or more existing commissions of the peace should be treated as the sole commission of the peace for a county) which is in force immediately before the commencement of this Act shall continue to have effect notwithstanding the repeal of that subsection by this Act, and may be revoked or varied accordingly.

• (3) Any commission of the peace in force immediately before the commencement of this Act which, by virtue of section 20(3)(a) of the Act of 1973 (which related to commissions of the peace issued before the 1st April 1974), had effect as if addressed generally and not to named persons shall, until superseded by a new commission, continue to have effect as if adressed generally as required by section 5 of this Act.

Justices of the peace in office

4

• (1) Any person who immediately before the commencement of this Act was a justice of the peace and either—

• (a) held that office by virtue of an appointment made in accordance with section 1(2) of the Act of 1973, or

• (b) under section 20(3)(b) of that Act (which related to justices of the peace in office on the 1st April 1974 by virtue of a commission of the peace issued before that date) held that office as if appointed in accordance with section 1(2) of that Act,

shall continue to hold that office as if appointed in accordance with section 6 of this Act; and the provisions of this Act relating to justices appointed in accordance with section 6 shall have effect in relation to him accordingly.

• (2) In sub-paragraph (1)(b) above the reference to section 20(3)(b) of the Act of 1973 shall be construed as including a reference to the provisions (where applicable) of section 217(2)(b) of the Act of 1972 (which provided that, where one out of two or more commissions of the peace was chosen to be treated as the sole commission of the peace for a county, the names of the justices appointed by the other commission or other commissions were to be deemed to be included among the names of the justices specified in the commission so chosen).

5

• (1) The supplemental list for England and Wales kept under the Act of 1973, as in force immediately before the commencement of this Act, shall have effect as the supplemental list required to be kept under section 8 of this Act; and any name which immediately before the commencement of this Act was treated as included in the list by virtue of section 20(4) of the Act of 1973 (which related to justices whose names were entered in a supplemental list immediately before the 1st April 1974) shall continue to be treated as so included until removed from the list in accordance with section 9 of this Act.

• (2) Any person whose name immediately before the commencement of this Act was omitted from the supplemental list by virtue of the proviso to paragraph 4(1) of Schedule 1 to the Act of 1973 (which made provision corresponding to section 8(3) of this Act) shall have his name entered in the supplemental list on the expiry or sooner determination of the term of office by reason of which his name was omitted from the list.

6

The repeal by this Act of paragraph 9(1) of Schedule 1 to the Act of 1973 (which made provision corresponding to section 71(3) of this Act) shall not affect the operation of the said paragraph 9(1) in relation to the period beginning on the 1st April 1974 and ending with the commencement of this Act.

Stipendiary magistrates (other than metropolitan stipendiary magistrates)

7

Any person who immediately before the commencement of this Act was a stipendiary magistrate in a commission area or commission areas and held that office either—

• (a) by virtue of an appointment made under section 2 of the Act of 1973, or

• (b) as if appointed under that section, being treated as if so appointed by virtue of section 20(5) of that Act (which related to any person who immediately before 1st April 1974 held office as a stipendiary magistrate for any area under section 29 of the Act of 1949),

shall continue to hold office as stipendiary magistrate in that commission area or those commission areas (as the case may be) and (subject to paragraphs 8 and 17 below) shall be treated for all purposes as if he had been appointed under section 13 of this Act; and the provisions of this Act relating to stipendiary magistrates appointed under section 13 shall have effect in relation to him accordingly.

8

The following provisions of this paragraph shall have effect in relation to any stipendiary magistrate who immediately before the commencement of this Act held office as mentioned in paragraph 7(b) above, that is to say—

• (a) his salary shall not be less than that payable to him immediately before the beginning of April 1974 ; and

• (b) for the purposes of section 14 of this Act the date of his appointment shall be taken to have been that of his appointment to the office held by him immediately before the beginning of that month.

Petty sessional divisions

9

Without prejudice to any power exercisable by virtue of this Act to create or alter petty sessional divisions, the repeal of any enactment by this Act shall not affect the division of any commission area into petty sessional divisions as existing immediately before the commencement of this Act.

Justices' clerks and their staffs

10

• (1) This paragraph applies to any person who immediately before the 1st April 1953 was a justices' clerk and by virtue of section 23 of the Act of 1949 was deemed for the purposes of that Act to have been appointed as such by a magistrates' courts committee.

• (2) In so far as, immediately before the commencement of this Act, the salary of any person to whom this paragraph applies was affected by subsection (2) of the said section 23 (which required the salary to be fixed with due regard to any additional duties imposed on him by that Act), the provisions of that subsection shall continue to have effect in relation to him notwithstanding the repeal of that section by this Act

11

• (1) This paragraph applies to any person who on the 1st April 1953 was transferred to the employment of a magistrates' courts committee by section 23 of the Act of 1949 (which made provision as to persons who immediately before that date were employed by or employed to assist justices' clerks or collecting officers).

• (2) In so far as, immediately before the commencement of this Act, the terms and conditions of employment of a person to whom this paragraph applies was affected by subsection (7) of the said section 23 (under which the terms and conditions of the previous employment of persons transferred by that section were made relevant to the terms and conditions of their employment after the transfer), the provisions of that subsection shall continue to have effect in relation to him notwithstanding the repeal of that section by this Act.

• (3) In sub-paragraph (2) above any reference to subsection (7) of the said section 23 includes a reference to that subsection as read with subsection (11) of that section (which relates to persons previously employed to assist a justices' clerk).

12

• (1) In this paragraph " transferred officer or employee to whom this paragraph applies " means any person who—

• (a) by virtue of paragraph 10 of Schedule 3 to the Act of 1968 (which related to persons holding office as clerk at either of the justice rooms of the City of London and to their staffs) became a justices' clerk in the City as if appointed by the magistrates' courts committee or was transferred to the employment of the magistrates' courts committee for the City, or

• (b) by virtue of paragraph 13(1) or paragraph 13(3) of that Schedule (which related to persons holding office as clerk to the magistrate under the South Staffordshire Stipendiary Justice Act 1889 or as clerk to the magistrate under the Staffordshire Potteries Stipendiary Justice Acts 1839 to 1895 and to their staffs) was transferred to the employment of a magistrates' courts committee.

• (2) In so far as, immediately before the commencement of this Act, the terms and conditions of employment of a transferred officer or employee to whom this paragraph applies were affected by paragraph 15 of Schedule 3 to the Act of 1968 (which made provision for securing that the terms and conditions of employment of any such person after the transfer would be no less favourable than those which he enjoyed immediately before the 10th November 1969), the provisions of that paragraph shall continue to have effect in relation to him notwithstanding the repeal of that paragraph by this Act.

13

• (1) Any regulations made by the Secretary of State under section 42 of the Act of 1949 (which required the Secretary of State to provide for compensation for loss of office or employment, or loss or diminution of emoluments, attributable to Parts II and III of that Act) which were in force immediately before the commencement of this Act (including any such regulations made under that section as extended by section 32 of the Act of 1964) shall continue to have effect notwithstanding the repeal of those sections by this Act and may be revoked or varied accordingly.

• (2) Any regulations made by the Secretary of State under paragraph 16 of Schedule 3 to the Act of 1968 (which required the Secretary of State to provide for compensation for loss of office or employment, or loss or diminution of emoluments, attributable to the operation of section 1 of that Act in relation to the City of London and in relation to the Acts relating to Staffordshire mentioned in paragraph 12(1)(b) above) which were in force immediately before the commencement of this Act shall continue to have effect notwithstanding the repeal of the said paragraph 16 by this Act and may be revoked or varied accordingly.

14

• (1) This paragraph applies to any order made before the 1st April 1953 in pursuance of the powers exercisable under section 30 of the Criminal Justice Administration Act 1914 or under section 1 of the Affiliation Orders Act 1914 which directed payments to be made and continues to be in force immediately before the commencement of this Act.

• (2) Any such order which by virtue of section 21(4) of the Act of 1949 had effect immediately before the commencement of this Act as if it required those payments to be made to a justices' clerk in his capacity as collecting officer of a magistrates' court shall, so long as the order remains in force, continue to have the like effect by virtue of this paragraph.

Justices of the Peace Act 1949, Schedule 2

15

Where in the preceding paragraphs of this Schedule reference is made to a person's office or employment (whether as justice of the peace, justices' clerk or otherwise) and to any provisions of the enactments repealed by this Act under which he held or was treated as holding that office or employment, the reference to those provisions shall be construed as including a reference to Schedule 2 to the Act of 1949 (provisions consequential on changes in commission of the peace) in so far as any provisions of that Schedule—

• (a) were relevant to that person's office or employment, and

• (b) notwithstanding the repeal of that Schedule by Part I of Schedule 5 to the Act of 1973, continued to have effect in accordance with the saving contained in that repeal.

Provisions relating to Part V of Act

16

The provisions of Part V of this Act shall have effect in relation to any act done or omitted to be done, conviction or order made or warrant issued before the commencement of this Act, and in relation to any proceedings brought before the commencement of this Act, as those provisions would have effect in relation to the like act done or omitted, the like conviction, order or warrant made or issued or the like proceedings brought, as the case may be, after the commencement of this Act.

Saving for superannuation provisions

17

Except as provided by sections 55 to 58 of this Act, nothing in this Act shall affect any pension rights or other superannuation benefits or the person by whom or the manner in which any pension or other superannuation benefit is to be paid or borne.

Savings for Local Government Act 1972, ss. 67, 252, 254

18

The provisions of this Act shall have effect without prejudice to the exercise of any power conferred by section 67 of the Act of 1972 (consequential and transitional arrangements relating to Part IV), section 252 of that Act (general power to adapt Acts and instruments) or section 254 of that Act (consequential and supplementary provision); and any such power which, if this Act had not been passed, would have been exercisable in relation to an enactment repealed by this Act shall be exercisable in the like manner and to the like extent in relation to the corresponding provision (if any) of this Act.

SCHEDULE 2

Maintenance Orders (Facilities for Enforcement) Act 1920 (c.33)

1

In section 3(4), in relation to any time after the coming into operation of paragraph 2 of Schedule 2 to the Domestic Proceedings and Magistrates' Courts Act 1978, for " section 1 of the Administration of Justice Act 1973 " substitute " the Justices of the Peace Act 1979 ".

Children and Young Persons Act 1933 (c.12)

2

In section 107(1), in relation to any time after the coming into operation of paragraph 5 of Schedule 2 to the Domestic Proceedings and Magistrates' Courts Act 1978, for " section 1 of the Administration of Justice Act 1973 " substitute " the Justices of the Peace Act 1979 ".

National Assistance Act 1948 (c.29)

3

In section 43(4), in relation to any time after the coming into operation of paragraph 6 of Schedule 2 to the Domestic Proceedings and Magistrates' Courts Act 1978, and in section 44(2), in relation to any time after the coming into operation of paragraph 7 of that Schedule, for " section 1 of the Administration of Justice Act 1973 " substitute " the Justices of the Peace Act 1979 ".

Children Act 1948 (c.43)

4

In section 26, in subsections (1) and (4), in relation to any time after the coming into operation of paragraph 8 of Schedule 2 to the Domestic Proceedings and Magistrates' Courts Act 1978, for " section 1 of the Administration of Justice Act 1973 " substitute " the Justices of the Peace Act 1979 ".

Marriage Act 1949 (c.76)

5

In section 3(5), in relation to any time after the coming into operation of paragraph 9 of Schedule 2 to the Domestic Proceedings and Magistrates' Courts Act 1978, for " section 1 of the Administration of Justice Act 1973 " substitute " the Justices of the Peace Act 1979 ".

Maintenance Orders Act 1950 (c.37)

6

In section 3(2), in relation to any time after the coming into operation of paragraph 11 of Schedule 2 to the Domestic Proceedings and Magistrates' Courts Act 1978, for " section 1 of the Administration of Justice Act 1973 " substitute " the Justices of the Peace Act 1979 ".

Magistrates' Courts Act 1952 (c.55)

7

In section 44 for " section 1 of the Administration of Justice Act 1973 " substitute " the Justices of the Peace Act 1979 ".

8

In section 56B(7) for " Administration of Justice Act 1964" substitute " Justices of the Peace Act 1979 ".

9

In section 114(1)(f), for " section twenty-seven of the Justices of the Peace Act 1949 " substitute " section 61 of the Justices of the Peace Act 1979 ".

Affiliation Proceedings Act 1957 (c.55)

10

In section 3(1), in relation to any time after the coming into operation of section 49 of the Domestic Proceedings and Magistrates' Courts Act 1978, for " section 1 of the Administration of Justice Act 1973 " substitute " the Justices of the Peace Act 1979 ".

Licensing Act 1964 (c.26)

11

In section 201(1), in the definition of " the metropolis " (as substituted by paragraph 31(4) of Schedule 3 to the Administration of Justice Act 1964), for " Administration of Justice Act 1964 " substitute " Justices of the Peace Act 1979 ".

Administration of Justice Act 1964 (c.42)

12

In section 38(1), in the definition of " London commission areas ", " inner London area " and " outer London areas ", for " this Act" substitute " the Justices of the Peace Act 1979 ".

Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)

13

In the Schedule, in the proviso to paragraph 2, for the words from " section 121 " to " other magistrates " substitute " section 16(1) of the Justices of the Peace Act 1979 (which exempts stipendiary magistrates from certain restrictions imposed by the Magistrates' Courts Act 1952) " and for " that Act " substitute " the Magistrates' Courts Act 1952 ".

Criminal Justice Act 1967 (c. 80)

14

In section 45(4), for " Part IV of the Justices of the Peace Act 1949" substitute " Part VI of the Justices of the Peace Act 1979 ".

Road Traffic Regulation Act 1967 (c.76)

15

In section 80(5), for " section 27 of the Justices of the Peace Act 1949" substitute " section 61 of the Justices of the Peace Act 1979 " and for the words " said section 27 ", wherever they occur, substitute " said section 61 ".

Guardianship of Minors Act 1971 (c. 3)

16

In section 15, in subsections (1) and (4), in relation to any time after the coming into operation of section 47(1) of the Domestic Proceedings and Magistrates' Courts Act 1978, for " Administration of Justice Act 1973 " substitute " Justices of the Peace Act 1979 ".

Immigration Act 1971 (c.77)

17

In Schedule 2, in paragraphs 23(3) and 31(4), for "Justices of the Peace Act 1949 and, in particular, section 27 thereof " substitute " Justices of the Peace Act 1979 and, in particular, section 61 thereof ".

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

18

In section 27(2), in relation to any time after the coming into operation of section 56 of the Domestic Proceedings and Magistrates' Courts Act 1978, for " section 1 of the Administration of Justice Act 1973 " substitute " the Justices of the Peace Act 1979 ".

Local Government Act 1972 (c.70)

19

In section 217, for subsection (7) substitute the following: —

(7) The enactments specified in Part II of Schedule 27 to this Act shall have effect subject to the amendments specified therein

.

Criminal Justice Act 1972 (c. 71)

20

In section 51, in subsection (4), for " section 5(1) of the Justices of the Peace Act 1968 " substitute " section 28(1) of the Justices of the Peace Act 1979 ".

Administration of Justice Act 1973 (c.15)

21

In section 2(4), after " section " insert " or under section 13 of the Justices of the Peace Act 1979 ".

22

For section 5 substitute the following: —

(5) Paragraphs 2, 3 and 7 of Schedule 1 to this Act shall have effect; and the enactments specified in paragraphs 10 and 11 of that Schedule shall have effect subject to the amendments specified in those paragraphs

.

23

In section 9(1)(f), for " this Act" substitute " section 13 of the Justices of the Peace Act 1979 (or, by virtue of paragraph 7 of Schedule 1 to that Act, treated as so appointed) ".

24

In Schedule 1—

• (a) in paragraph 2(1), for " paragraph 1 above" substitute " section 14 of the Justices of the Peace Act 1979 ";

• (b) in paragraph 7, for " paragraph 6(2)(a) to (c) above " substitute " section 10(2)(a) to (c) of the Justices of the Peace Act 1979 ".

Powers of Criminal Courts Act 1973 (c.62)

25

In section 32(6), for the words from "Justices of the Peace Act 1949 " to " magistrates' courts " substitute " Justices of the Peace Act 1979 and, in particular, section 61 thereof (application of fines and fees) ".

26

In section 51, after subsection (3) insert—

(3A) Any sums payable to the Greater London Council under subsection (3)(a) above shall be placed to the credit of the special London account out of which expenses of the Council under Schedule 3 to this Act are payable.

Legal Aid Act 1974 (c.4)

27

In section 35—

• (a) in subsection (6), for " Part IV of the Justices of the Peace Act 1949 " substitute " Part VI of the Justices of the Peace Act 1979 ";

• (b) in subsection (7), for the words from " section 27 " to " fines, fees etc." substitute " section 61 of the Justices of the Peace Act 1979 (application of fines and fees) " and for " subsection (9) " substitute " subsection (4) ".

Local Government Act 1974 (c.7)

28

In section 1(6)(a), for " section 27 of the Justices of the Peace Act 1949" substitute " section 59 of the Justices of the Peace Act 1979 ".

Solicitors Act 1974 (c.47)

29

In section 38—

• (a) in subsection (3), for " section 1 of the Administration of Justice Act 1973 " substitute " section 8 of the Justices of the Peace Act 1979 ";

• (b) in subsection (4), for " section 1(6) of the Administration of Justice Act 1973 " substitute " the proviso to section 39(1) of the Justices of the Peace Act 1979 ".

Supplementary Benefits Act 1976 (c.71)

30

In section 19(2), in relation to any time after the coming into operation of paragraph 54 of Schedule 2 to the Domestic Proceedings and Magistrates' Courts Act 1978, for " section 1 of the Administration of Justice Act 1973 " substitute " the Justices of the Peace Act 1979 ".

Domestic Proceedings and Magistrates' Courts Act 1978 (c.22)

31

In section 88(1), in the definition of " commission area ", for " section 1 of the Administration of Justice Act 1973 " substitute " the Justices of the Peace Act 1979 ".

SCHEDULE 3