Legalize / United Kingdom / Public General Act

Justices of the Peace Act 1997 (repealed)

Type Public General Act

Publication 1997-03-19

Last updated 2005-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) to discharge such other functions in connection with the organisation and administration of magistrates’ courts as the Lord Chancellor may from time to time direct.

(3A) It shall also be the duty of inspectors of the magistrates’ courts service—

(a) to inspect and report to the Secretary of State on the performance by the Children and Family Court Advisory and Support Service (referred to in this and the next section as the Service), and the officers of the Service, of their functions; and

(b) to discharge, in connection with those functions or with related functions of any other person, such functions as the Secretary of State may from time to time direct.

(4) Her Majesty’s Chief Inspector of the Magistrates’ Courts Service shall make an annual report to the Lord Chancellor as to the discharge of the functions of the Inspectorate; and the Lord Chancellor shall, within one month of receiving the report, lay a copy of it before each House of Parliament.

(4A) If pursuant to this section a recommendation is made for the taking of any action by a magistrates’ courts committee, the Lord Chancellor may give a direction requiring the committee to take the recommended action within a period specified in the direction.

(5) The Lord Chancellor shall make to or in respect of inspectors of the magistrates’ courts service such payments by way of remuneration, allowances or otherwise as he may with the approval of the Treasury determine.

Powers of inspectors

63

(1) Subject to subsection (2) below, an inspector of the magistrates’ courts service exercising his functions under section 62 above shall have at all reasonable times—

(a) a right of entry to any court-house or other premises occupied by a magistrates’ courts committee; and

(b) a right to inspect, and take copies of, any records kept by a magistrates’ courts committee, and any other documents containing information relating to the administration of the magistrates’ courts for their area, which he considers relevant to the discharge of his functions.

(2) Subsection (1) above does not entitle an inspector—

(a) to be present when a magistrates’ court is hearing proceedings in private; or

(b) to attend any private deliberations of the justices of the peace.

(2A) An inspector of the magistrates’ courts service exercising his functions under section 62 above shall also have at all reasonable times—

(a) a right of entry to any premises occupied by the Service; and

(b) a right to inspect, and take copies of, any records kept by the Service, and any other documents containing information relating to the performance of the functions of the Service or its officers which he considers relevant to the discharge of his functions.

(3) The records referred to in paragraph (b) of subsection (1) or (2A) above include records kept by means of a computer; and an inspector exercising the power to inspect records conferred by subsection (1) or (2A) above—

(a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and associated apparatus or material which is or has been in use in connection with the records in question; and

(b) may require—

(i) the person by whom or on whose behalf the computer is or has been so used; or

(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such reasonable assistance as he may require.

Part VIII — Miscellaneous and supplementary provisions

Training courses

64

(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 training courses for justices of the peace of their area.

(2) If training courses are not provided for justices of the peace of any area as required by subsection (1) above, the Lord Chancellor may recover from the magistrates’ courts committee in default any expenses which he incurs in providing training courses to make good the default.

(3) The Lord Chancellor may provide training courses for justices’ clerks and for staff of magistrates’ courts committees.

Disqualification in case of bankruptcy

65

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

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

66

(1) A justice of the peace who is a member of a local authority 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 , any committee or officer of the authority or in the case of a local authority which are operating executive arrangements the executive of that authority or any person acting on behalf of that executive.

(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.

(4) Subsection (2) above applies for the purposes of subsection (3) above with the substitution, for references to a local authority, of references to the Corporation or the Common Council.

(5) Nothing in this section prevents a justice from acting in any proceedings by reason only of their being brought by a police officer.

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

(7) In this section “local authority” means—

(a) a local authority within the meaning of the Local Government Act 1972 or the Local Government (Scotland) Act 1973;

(b) a police authority established under section 3 of the Police Act 1996;

(bza) the Metropolitan Police Authority;

(ba) the Service Authority for the National Criminal Intelligence Service;

(bb) the Service Authority for the National Crime Squad;

(cc) the London Fire and Emergency Planning Authority;

(d) a housing action trust established under Part III of the Housing Act 1988;

(e) the Broads Authority; and

(f) a National Park authority.

(8) In this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.

Justices not disqualified by reason of liability to local taxation

67

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—

(a) rates leviable by a rating authority;

(aa) BID levy (within the meaning of Part 4 of the Local Government Act 2003),

(b) community charges of a charging authority;

(d) the non-domestic rate of a special authority within the meaning of section 144(6) of the Local Government Finance Act 1988,

even though he is rated to or chargeable with any rates falling within paragraph (a) above or is liable, or would but for any enactment or anything provided or done under any enactment be liable, to pay an amount in respect of any levy, charge, tax or rate falling within paragraphs (aa) to (d) above in the area affected by the act in question.

Acts done by justices outside their commission area

68

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Promissory oaths of certain justices

69

(1) Subject to the provisions of this section, any person who, under this Act, 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 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 despite 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 that or any other area.

(4) The oaths required by law to be taken by a Deputy District Judge (Magistrates’ Courts) may be taken before any District Judge (Magistrates’ Courts).

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

Application of enactments to the City of London

70

(1) . . . In any enactment relating to justices of the peace, magistrates’ courts, justices’ clerks or matters connected therewith (including, except to the extent that it otherwise expressly provides, any such enactment passed after the passing of this Act)—

(a) any reference to a county . . . shall be taken to include the City of London . . .; and

(b) any reference to a county council shall be taken to include the Corporation of the City acting through the Common Council, and references to a county fund shall be taken to include the City fund;

but in any such enactment which refers in the same context both to a non-metropolitan county and to a metropolitan district, the reference to a non-metropolitan county shall be taken to include the City.

(2) Where any such enactment (including any enactment contained in this Act) expressly refers in the same context both—

(a) to a county or non-metropolitan county . . .; and

(b) to the City . . .,

the operation of that enactment shall not be affected by, and shall be without prejudice to the generality of, subsection (1) above.

Isles of Scilly

71

Interpretation

72

(1) In this Act, except to the extent that the context otherwise requires—

“capital expenditure” means expenditure which is capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);

. . .

. . .

“justices’ clerk” means a clerk to the justices for a petty sessions area;

. . .

“magistrate”—in relation to a commission area, means a justice of the peace for the commission area, other than a justice whose name is for the time being entered in the supplemental list;in relation to a part of a commission area, means a person who (in accordance with paragraph (a) of this definition) is a magistrate for that area and ordinarily acts in and for that part of it; andin relation to a magistrates’ courts committee area, means a person who (in accordance with paragraphs (a) and (b) of this definition) is a magistrate for that area or any part of that area;

. . .

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

“petty sessional court-house” means—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 sessions area, any such court-house or place); ora court-house or place at which a District Judge (Magistrates’ Courts) is authorised by law to do alone any act authorised to be done by more than one justice of the peace:

. . .

. . .

. . .

. . .

“the supplemental list” has the meaning given by section 7 above; and

“unitary district” means a district comprised in an area for which there is no county council.

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

Transitional provisions, consequential amendments and repeals

73

(1) The transitional provisions and savings in Schedule 4 to this Act shall have effect.

(2) The enactments and instruments mentioned in Schedule 5 to this Act shall be amended in accordance with that Schedule.

(3) The enactments mentioned in Schedule 6 to this Act shall be repealed, and the instruments mentioned in that Schedule shall be revoked, to the extent specified in the third column of that Schedule.

Commencement

74

(1) Subject to—

(a) subsection (2) below; and

(b) paragraphs 7(2)(f) and 8 of Schedule 4 to this Act,

this Act shall come into force at the end of the period of three months beginning with the day on which it is passed (and any reference in this Act to the commencement of this Act is a reference to its coming into force at the end of that period).

(2) If section 82 of and Schedule 7 to the Police and Magistrates’ Courts Act 1994 have not come into force before the commencement of this Act, then section 50 of and Schedule 3 to this Act shall come into force on the relevant commencement date.

(3) In subsection (2) above “relevant commencement date” means—

(a) if before the commencement of this Act a date on or after the date of that commencement has been appointed by an order under section 94 of the Police and Magistrates’ Courts Act 1994 (commencement and transitional provisions) as the date on which section 82 of and Schedule 7 to that Act are to come into force, the date so appointed; and

(b) otherwise, such date as the Lord Chancellor may by order appoint.

(4) Subsections (4), (5), (7) and (8) of section 94 of the Police and Magistrates’ Courts Act 1994 shall apply to an order under subsection (3)(b) above as they would apply to an order under subsection (2) of that section.

Short title and extent

75

(1) This Act may be cited as the Justices of the Peace Act 1997.

(2) Subject to subsections (3) and (4) below, any amendment, repeal or revocation contained in Schedule 5 or 6 to this Act has the same extent as the provision it amends, repeals or revokes.

(3) In Schedule 5 to this Act—

(a) paragraphs 2 and 5 extend to England and Wales only; and

(b) paragraph 9 extends to the United Kingdom.

(4) In Schedule 6 to this Act, the repeal of section 70 of the Criminal Procedure and Investigations Act 1996 extends to England and Wales only.

(5) Subject to subsections (2) to (4) above, this Act extends to England and Wales only.

SCHEDULE 1

SCHEDULE 2

Part I — Inner London area

Part II — Outer London areas

SCHEDULE 3

1

In this Schedule—

“the committee of magistrates” means the committee which until 1st April 1995 existed for the inner London area under section 35 of the Justices of the Peace Act 1979;

“court staff” has the same meaning as in section 57 of this Act;

“the inner London magistrates' courts committee” has the same meaning as in section 50 of this Act;

“the Receiver” means the Receiver for the Metropolitan Police District; and

“responsible authority” has the same meaning as in section 55 of this Act.

2

The Receiver shall pay out of the metropolitan police fund any superannuation benefits payable in respect of justices' clerks and other officers employed by the committee of magistrates or the inner London magistrates' courts committee under any enactment or instrument applied to those clerks or other officers by regulations having effect in accordance with section 15(9) of the Superannuation (Miscellaneous Provisions) Act 1967, other than benefits payable by the London Residuary Body, and any superannuation contributions and other payments for which the inner London magistrates' courts committee may be liable as their employer under any such enactment or instrument.

3

Nothing in paragraph 2 above shall require the Receiver to incur any expenditure or make any payment which would cause the net cost to him in any year of the matters mentioned in paragraph 4 below to exceed the amount which, in relation to that year, is for the time being determined by the Lord Chancellor under paragraph 5(b) below.

4

The Lord Chancellor may out of money provided by Parliament pay to the Receiver grants towards the net cost to the Receiver in any year—

(a) of the Receiver’s functions under paragraph 2 above; and

(b) of the Receiver’s functions corresponding to those of responsible authorities under regulations made, or having effect as if made, under section 7 of the Superannuation Act 1972 with respect to court staff.

5

The amount of any grant under paragraph 4 above towards the net cost to the Receiver in any year of the matters mentioned in that paragraph shall not exceed 80 per cent of whichever of the following is the less, namely—

(a) that net cost; and

(b) the amount which, in relation to that year, is for the time being determined for the purposes of this paragraph by the Lord Chancellor.

6

In subsections (5), (6) and (7) of section 57 of this Act (grants by Lord Chancellor to responsible authorities)—

(a) references to that section include references to this Schedule; and

(b) references to the matters mentioned in subsection (1) of that section include references to the matters mentioned in paragraph 4 above.

SCHEDULE 4

Part I — General provisions

Continuity of the law

1

(1) The repeal (or revocation) and re-enactment of provisions by this Act does not affect the continuity of the law.

(2) Any subordinate legislation made or other thing done, or having effect as if made or done, under or for the purposes of any provision repealed (or revoked) and re-enacted by this Act shall, if in force or effective immediately before the commencement of the corresponding provision of this Act, have effect thereafter as if made or done under or for the purposes of that corresponding provision.

(3) Any reference (express or implied) in this Act or any other enactment or in any instrument or document—

(a) to any provision of this Act; or

(b) to things done or falling to be done under or for the purposes of any provision of this Act,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision repealed (or revoked) by this Act had effect, a reference—

(i) to that corresponding provision; or

(ii) to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

(4) Any reference (express or implied) in any enactment or in any instrument or document—

(a) to any provision repealed (or revoked) and re-enacted by this Act; or

(b) to things done or falling to be done under or for the purposes of any such provision,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference—

(i) to that corresponding provision; or

(ii) to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

(5) Without prejudice to the generality of sub-paragraph (4) above, where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.

(6) Sub-paragraphs (1) to (5) above have effect instead of section 17(2) of the Interpretation Act 1978 (but are without prejudice to any other provision of that Act).

General saving for old transitional provisions and savings

2

The repeal (or revocation) by this Act of any transitional provision or saving relating to the coming into force of a provision reproduced in this Act does not affect the operation of the transitional provision or saving in so far as it is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act or otherwise.

3

The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

Use of existing forms, etc.

4

Any reference to an enactment repealed (or revoked) by this Act which is contained in a document made, served or issued on or after the commencement of that repeal (or revocation) shall be construed, except so far as a contrary intention appears, as a reference or, as the context may require, as including a reference to the corresponding provision of this Act.

Part II — Provisions relating to particular enactments

Interpretation

5

In this Part of this Schedule—

(a) the “1979 Act” means the Justices of the Peace Act 1979;

(b) the “1994 Act” means the Police and Magistrates’ Courts Act 1994; and

Petty sessions areas

6

Inner London area

7

8

9

10

11

Stipendiary magistrates

12

Magistrates’ courts committees

13

Any magistrates’ courts committee which was set up in accordance with the provisions of Part II of the 1979 Act for any area and is in existence immediately before the commencement of this Act shall after that commencement be treated as having been set up in accordance with the provisions of Part III of this Act as the magistrates’ courts committee for that area.

14

Without prejudice to the generality of paragraph 1(2) above, the repeal by this Act of section 69 of the 1994 Act does not affect the continued operation of any order made under that section before the commencement of this Act.

Justices’ chief executives

15

16

A person who, immediately before the commencement of this Act, continues to hold office as clerk to a magistrates’ courts committee by virtue of Article 6(1) of the Police and Magistrates’ Courts Act 1994 (Commencement No. 8 and Transitional Provisions) Order 1995 may continue in that appointment until the magistrates’ courts committee have appointed a justices’ chief executive in accordance with section 40(1) of this Act.

Justices’ clerks etc.

17

(1) Section 44(1) of this Act shall not have effect in relation to any person appointed by a magistrates’ courts committee before 1st April 1995 as justices’ clerk for a petty sessions area so long as he—

(a) continues to hold office as a justices’ clerk for that area or for any one or more petty sessions areas including any part of that area; and

(b) has not entered into a contract of service on or after that date.

(2) Any justices’ clerk in relation to whom, by virtue of sub-paragraph (1) above, section 44(1) of this Act does not have effect shall hold office during the pleasure of the magistrates’ courts committee concerned.

(3) Any such justices’ clerk shall be paid a salary for his personal remuneration, and the salary shall be taken to be remuneration for all business which he may by reason of his office as justices’ clerk be called upon to perform, other than any duties as secretary to a licensing planning committee under Part VII of the Licensing Act 1964.

(4) Any such justices’ clerk may be paid a single salary in respect of two or more clerkships.

(5) Any such justices’ clerk shall, in addition to his salary, be paid the amount of any expenses of a description specified when his salary is determined, being expenses incurred by him with the general or special authority of the magistrates’ courts committee.

18

19

So far as, immediately before the commencement of this Act—

(a) section 23(7) of the Justices of the Peace Act 1949 (terms and conditions of employment of persons transferred to magistrates’ courts committee on 1st April 1953); or

(b) paragraph 15 of Schedule 3 to the Justices of the Peace Act 1968 (terms and conditions of employment of persons transferred to certain magistrates’ courts committees on 10th November 1969),

has effect in relation to any person by virtue of paragraph 11 or 12 of Schedule 1 to the 1979 Act, it shall continue to have effect in relation to him.

20

(1) Any regulations made under—

(a) section 42 of the Justices of the Peace Act 1949 (compensation in connection with Parts II and III of that Act); or

(b) paragraph 16 of Schedule 3 to the Justices of the Peace Act 1968 (compensation in connection with section 1 of that Act),

which are in force immediately before the commencement of this Act by virtue of paragraph 13 of Schedule 1 to the 1979 Act shall continue to have effect and may be revoked or varied notwithstanding the repeal by the 1979 Act of the provisions under which they were made.

(2) The reference in sub-paragraph (1)(a) above to section 42 of the Justices of the Peace Act 1949 includes a reference to that section as extended by section 32 of the Administration of Justice Act 1964 (extension for persons not qualified at date of enactment of the Justices of the Peace Act 1949).

(3) The functions of a responsible authority mentioned in paragraphs (b) and (c) of section 57(1) of this Act do not include their functions in respect of decisions made by a determining authority before 3rd February 1995 under the Justices of the Peace Act 1949 (Compensation) Regulations 1978.

Immunity and indemnification of justices and justices’ clerks

21

Subject to paragraphs 22 and 23 below, the provisions of Part V of this Act shall have effect in relation to anything done, or omitted, before the commencement of this Act as they would have effect in relation to any corresponding thing done, or omitted, after the commencement of this Act.

22

The repeal by this Act of the 1979 Act is subject to paragraph 16(1) of Schedule 19 to the Courts and Legal Services Act 1990 (1979 Act to continue to apply in relation to matters arising before 1st January 1991 as if section 108 of that Act of 1990 (liability of magistrates for damages and costs) had not been enacted).

23

In section 54(2) of this Act—

(a) paragraph (a) shall have effect only in relation to things done or omitted on or after 1st October 1996; and

(b) in relation to things done or omitted before that date, paragraph (b) shall have effect with the omission of the word “other”.

Pensions Act 1995

24

(1) If before the commencement of this Act paragraph 8 of Schedule 5 to the Pensions Act 1995 has not come into force then, until the relevant commencement date, section 55(6)(b)(ii) of this Act shall have effect with the substitution, for the words “contributions equivalent premiums”, of the words “ state scheme premiums ”.

(2) In sub-paragraph (1) above, “relevant commencement date” means—

(a) if before the commencement of this Act the Secretary of State has made an order under section 180 of the Pensions Act 1995 (commencement) appointing a date on or after the date of that commencement as the date on which paragraph 8 of Schedule 5 to that Act is to come into force, the date so appointed; and

(b) otherwise, such date as the Secretary of State may by order appoint.

(3) Sections 174 (orders and regulations) and 180(4) of the Pensions Act 1995 shall apply to an order under sub-paragraph (2)(b) above as they would apply to an order under section 180(1) of that Act.

Enactments passed before 18th April 1973

25

(1) This paragraph applies where, immediately before the commencement of this Act, any enactment passed or instrument made before the 18th April 1973 has effect by virtue of section 71(3) of the 1979 Act (modifications of certain enactments and instruments) as if it referred to—

(a) a person being appointed or removed from office as a justice of the peace in accordance with section 6 of the 1979 Act; or

(b) the supplemental list for England and Wales kept under section 8 of the 1979 Act.

(2) After the commencement of this Act the enactment or instrument shall have effect as if—

(a) any reference to a person appointed justice by a commission 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 5 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 7 of this Act.

Justices of the Peace Act 1949, Schedule 2

26

(1) This paragraph applies where, immediately before the commencement of this Act, any reference in Schedule 1 to the 1979 Act to any enactment under which a person held or was treated as holding any office or employment is to be construed by virtue of paragraph 15 of that Schedule as including a reference to any provision of Schedule 2 to the Justices of the Peace Act 1949.

(2) Any reference in this Schedule which corresponds to that reference in Schedule 1 to the 1979 Act shall be construed as including a reference to that provision of Schedule 2 to the Justices of the Peace Act 1949.

Saving for superannuation provisions

27

(1) 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.

(2) Sub-paragraph (1) above is subject to sections 55 and 56 of this Act.

Saving for amendment of Local Government Act 1974

28

The repeal by this Act of the 1979 Act does not affect the amendment made by paragraph 28 of Schedule 2 to that Act to section 1(6)(a) of the Local Government Act 1974 (rate support grants).

Provision made by subordinate legislation

29

Any power which, immediately before the commencement of this Act, is exercisable by order to amend or revoke any provision reproduced in this Schedule of an order made under section 94 of the 1994 Act shall be so exercisable in relation to the corresponding provision of this Schedule.

SCHEDULE 5

The Sheriffs Act 1887 (c. 55)

1

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

2

The Children and Young Persons Act 1933 (c. 12)

3

The London Building Acts (Amendment) Act 1939 (c. xcvii)

4

The National Assistance Act 1948 (c. 29)

5

The Marriage Act 1949 (c. 76)

6

The Licensing Act 1964 (c. 26)

7

The Administration of Justice Act 1964 (c. 42)

8

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

9

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

The Immigration Act 1971 (c. 77)

10

In Schedule 2 to the Immigration Act 1971 (control on entry: administrative provisions), in paragraphs 23(3) and 31(4), for the words from “purposes” to “being” there shall be substituted “ purposes of the Justices of the Peace Act 1997 and, in particular, section 60 of that Act, as being ”.

The Local Government Act 1972 (c. 70)

11

The Criminal Justice Act 1972 (c. 71)

12

In section 51 of the Criminal Justice Act 1972 (execution of process between England and Wales and Scotland), in subsection (4), for the words from “by virtue” to “it has” there shall be substituted “ by virtue of section 45(1) of the Justices of the Peace Act 1997, as it has ”.

The Administration of Justice Act 1973 (c. 15)

13

(1) The Administration of Justice Act 1973 shall be amended as follows.

(2) For section 5 there shall be substituted—

(5) Paragraph 7 of Schedule 1 to this Act shall have effect; and the enactments specified in paragraph 10 of that Schedule shall have effect subject to the amendments specified in that paragraph.

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

(4) In Schedule 1 (consequential provisions), in paragraph 7, for “section 10(2)(a) to (c) of the Justices of the Peace Act 1979” there shall be substituted “ section 9(2)(a) to (c) of the Justices of the Peace Act 1997 ”.

The Matrimonial Causes Act 1973 (c. 18)

14

The Powers of Criminal Courts Act 1973 (c. 62)

15

The Solicitors Act 1974 (c. 47)

16

In section 38 of the Solicitors Act 1974 (solicitor who is a justice of the peace not to act in certain proceedings)—

(a) in subsection (3), for “section 8 of the Justices of the Peace Act 1979” there shall be substituted “ section 7 of the Justices of the Peace Act 1997 ”; . . .

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

The House of Commons Disqualification Act 1975 (c. 24)

17

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

18

The Magistrates’ Courts Act 1980 (c. 43)

19

(1) The Magistrates’ Courts Act 1980 shall be amended as follows.

(2) In each of the provisions of that Act specified in sub-paragraph (3) below, for “the Justices of the Peace Act 1979” there shall be substituted “ the Justices of the Peace Act 1997 ”.

(3) The provisions mentioned in sub-paragraph (2) above are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(d) in section 87A (fines imposed on companies), subsection (2).

(4) In section 139 (disposal of sums adjudged to be paid by conviction), in paragraph (c), for “section 61 of the Justices of the Peace Act 1979” there shall be substituted “ section 60 of the Justices of the Peace Act 1997 ”.

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

The Child Abduction Act 1984 (c. 37)

20

The Prosecution of Offences Act 1985 (c. 23)

21

In section 20 of the Prosecution of Offences Act 1985 (regulations), in subsection (5), for “section 61 of the Justices of the Peace Act 1979” there shall be substituted “ section 60 of the Justices of the Peace Act 1997 ”.

The Local Government Act 1985 (c. 51)

22

(1) The Local Government Act 1985 shall be amended as follows.

(2) In section 99 (disqualification of justices), for “Section 64 of the Justices of the Peace Act 1979” there shall be substituted “ Section 66 of the Justices of the Peace Act 1997 ”.

(3) In Schedule 13 (residuary bodies), in paragraph 13, for paragraph (i) there shall be substituted—

(i) section 66 of the Justices of the Peace Act 1997;

The Criminal Justice Act 1988 (c. 33)

23

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

The Legal Aid Act 1988 (c. 34)

24

In Schedule 3 to the Legal Aid Act 1988 (criminal proceedings: enforcement of contribution orders), in paragraph 4—

(a) in sub-paragraph (1), for “the Justices of the Peace Act 1979” there shall be substituted “ the Justices of the Peace Act 1997 ”; and

(b) in sub-paragraph (2), for “section 61(4) of the Justices of the Peace Act 1979” there shall be substituted “ section 60(4) of the Justices of the Peace Act 1997 ”.

The Road Traffic Offenders Act 1988 (c. 53)

25

In section 82 of the Road Traffic Offenders Act 1988 (accounting for fixed penalties)—

(a) in subsection (1), for “section 61 (application of fines and fees) of the Justices of the Peace Act 1979” there shall be substituted “ section 60 of the Justices of the Peace Act 1997 (application of fines and fees) ”;

(b) in subsection (2)(b), for “section 59 of the Justices of the Peace Act 1979” there shall be substituted “ section 57 of the Justices of the Peace Act 1997 ”; and

(c) in subsection (2A), for “the Justices of the Peace Act 1979” there shall be substituted “ the Justices of the Peace Act 1997 ”.

The Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

26

In Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders), in paragraph 1(3), for “section 61 of the Justices of the Peace Act 1979” there shall be substituted “ section 60 of the Justices of the Peace Act 1997 ”.

The Children Act 1989 (c. 41)

27

The Computer Misuse Act 1990 (c. 18)

28

The Criminal Justice Act 1991 (c. 53)

29

(1) The Criminal Justice Act 1991 shall be amended as follows.

(2) In section 76 (provision of court security officers), in subsection (6), in the definition of “paying authority”, for “the 1979 Act” there shall be substituted “ the Justices of the Peace Act 1997 ”.

(3) In section 92 (interpretation of Part IV), in subsection (2), for “the 1979 Act” there shall be substituted “ the Justices of the Peace Act 1997 ”.

The Local Government Finance Act 1992 (c. 14)

30

The Local Government Act 1992 (c. 19)

31

The Tribunals and Inquiries Act 1992 (c. 53)

32

In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals), in paragraph 23, for “section 53(3) of the Justices of the Peace Act 1979 (c. 55)” there shall be substituted “ section 54(6) of the Justices of the Peace Act 1997 (c. 25) ”.

The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

33

In section 27 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (interpretation of Part I), in subsection (1), in the definition of “petty sessions area”, for “the Justices of the Peace Act 1979” there shall be substituted “ the Justices of the Peace Act 1997 ”.

The Probation Service Act 1993 (c. 47)

34

The Local Government (Wales) Act 1994 (c. 19)

35

The Drug Trafficking Act 1994 (c. 37)

36

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

The Police Act 1996 (c. 16)

37

(1) The Police Act 1996 shall be amended as follows.

(2) In section 5 (reductions in size of police authorities), in subsection (2)(c), for “section 21(1A) of the Justices of the Peace Act 1979” there shall be substituted “ section 29(2) of the Justices of the Peace Act 1997 ”.

(3) In Schedule 2 (police authorities)—

(a) in paragraph 7, for “section 21(1A) of the Justices of the Peace Act 1979” there shall be substituted “ section 29(2) of the Justices of the Peace Act 1997 ”; and

(b) in paragraph 27, for “the Justices of the Peace Act 1979” there shall be substituted “ the Justices of the Peace Act 1997 ”.

SCHEDULE 6

Part I — Repeals

Part II — Revocations

London commission areas.

Supplemental list for England and Wales.

District Judges (Magistrates’ Courts)

10A

(1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person who has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) to be a District Judge (Magistrates’ Courts).

(2) The Lord Chancellor—

(a) shall designate one of the District Judges (Magistrates’ Courts) to be the Senior District Judge (Chief Magistrate); and

(b) may designate another of them to be his deputy.

(3) A District Judge (Magistrates’ Courts) may not be removed from office except by the Lord Chancellor on the ground of incapacity or misbehaviour.

(4) The Lord Chancellor may pay to a District Judge (Magistrates’ Courts) (in addition to the salary charged on and paid out of the Consolidated Fund under section 9 of the Administration of Justice Act 1973) such allowances as he may, with the approval of the Treasury, determine.

10B

(1) The Lord Chancellor may appoint any person who has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) to be a Deputy District Judge (Magistrates’ Courts) for such period as the Lord Chancellor considers appropriate (but subject to subsection (2) below).

(2) The Lord Chancellor may remove a Deputy District Judge (Magistrates’ Courts) from office on the ground of incapacity or misbehaviour.

(3) The Lord Chancellor may pay to a Deputy District Judge (Magistrates’ Courts) such remuneration and allowances as he may, with the approval of the Treasury, determine.

(4) During the period of his appointment a Deputy District Judge (Magistrates’ Courts) shall act as a District Judge (Magistrates’ Courts) and shall be treated for all purposes (apart from appointment, tenure, remuneration and allowances and pensions) as if he were a District Judge (Magistrates’ Courts).

10C

(1) A District Judge (Magistrates’ Courts) shall by virtue of his office be a justice of the peace for every commission area.

(2) Where any enactment makes provision defining the powers of any person or court by reference to the area for which a person is a justice of the peace, the provision shall have effect where that person is a District Judge (Magistrates’ Courts) as if it defined the powers by reference to the area for which he is for the time being acting as a justice of the peace.

(3) A District Judge (Magistrates’ Courts) shall sit at such court-houses, 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.

(4) References in any enactment, instrument or other document to a district judge or deputy district judge do not include a District Judge (Magistrates’ Courts).

10D

(1) A District Judge (Magistrates’ Courts), sitting in a place appointed for the purpose, shall have power—

(a) to do any act; and

(b) to exercise alone any jurisdiction,

which can be done or exercised by two justices, including any act or jurisdiction expressly required to be done or exercised by justices sitting or acting in petty sessions.

(2) Subsection (1) above does not apply where the law under which the act or jurisdiction can be done or exercised was made after 2nd August 1858 and contains express provision contrary to that subsection.

(3) Any statutory provision auxiliary to the jurisdiction exercisable by two justices of the peace shall apply also to the jurisdiction of a District Judge (Magistrates’ Courts).

(4) Subsections (1) and (3) above do not apply where the act or jurisdiction relates to the grant or transfer of any licence.

(5) Any authority or requirement in any enactment for persons to be summoned or to appear at petty sessions in any case shall include authority or a requirement in such a case for persons to be summoned or to appear before a District Judge (Magistrates’ Courts) at the place appointed for his sitting.

(6) Nothing in this section applies to the hearing or determination of family proceedings within the meaning of section 65 of the Magistrates’ Courts Act 1980.

10E

(1) Nothing in the Magistrates’ Courts Act 1980—

(a) requiring a magistrates’ court to be composed of two or more justices or to sit in a petty sessional court-house or an occasional court-house; or

(b) limiting the powers of a magistrates’ court when composed of a single justice or when sitting elsewhere than in a petty sessional court-house,

shall apply to any District Judge (Magistrates’ Courts) sitting in a place appointed for the purpose.

(2) Subsection (1) above does not apply to the hearing or determination of family proceedings within the meaning of section 65 of the Magistrates’ Courts Act 1980.

Introductory

Magistrates’ courts committees outside Greater London

Alteration of committee areas.

27A

(1) England and Wales outside Greater London shall be divided into areas for each of which there shall be a magistrates’ courts committee.

(2) The areas of the committees shall be as specified by the Lord Chancellor by order made by statutory instrument.

(3) Each area outside Greater London for which there is a magistrates’ courts committee shall—

(a) consist of the whole of one or more commission areas or be included wholly within a single commission area; and

(b) comprise the whole of one or more petty sessions areas.

27B

(1) A magistrates’ courts committee for an area outside Greater London may at any time submit to the Lord Chancellor written proposals for the alteration of their area.

(2) Before submitting such proposals, the magistrates’ courts committee shall consult—

(a) the magistrates for their area or any other magistrates’ courts committee area to which the proposals relate;

(b) any other magistrates’ courts committee to which the proposals relate; and

(c) every relevant authority whose area includes all or any part of any of the magistrates’ courts committee areas to which the proposals relate.

(3) The Lord Chancellor shall not make an order under section 27A(2) above which makes an alteration of any area unless he is satisfied that the making of the order is likely to contribute to an overall increase in the efficiency of the administration of magistrates’ courts.

(4) Before making an order under section 27A(2) above which makes an alteration of any area, other than an order which implements proposals submitted to him under subsection (1) above, the Lord Chancellor shall consult—

(a) the magistrates for the area;

(b) the magistrates’ courts committees for the area; and

(5) For the purposes of subsection (4) above, an order shall be taken to implement proposals if it implements them without changes or any departures from the proposals do not, in the opinion of the Lord Chancellor, effect important changes in the proposals.

(6) An order under section 27A(2) above which makes an alteration of any area may contain such consequential and transitional provisions as appear to the Lord Chancellor to be necessary or expedient, including—

(a) provision for the transfer of property, rights and liabilities;

(b) provision for the management or custody of transferred property (whether real or personal); and

(c) provision for any magistrates’ courts committee coming into existence by virtue of the order to be constituted under section 30 below as a body corporate, and to incur liabilities, before the date on which the functions of any magistrates’ courts committee are transferred to it.

(7) The Lord Chancellor may give directions with respect to convening the first meeting of a magistrates’ courts committee coming into existence by virtue of an order under section 27A(2) above.

(8) A statutory instrument containing an order under section 27A(2) above which makes an alteration of any area shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9) In this section references to the alteration of a magistrates’ courts committee area include (as well as a change in the boundaries of the area)—

(a) the combination of the area with another magistrates’ courts committee area; and

(b) the division of the area between two or more magistrates’ courts committee areas.

(10) In this section “relevant authority” means—

(a) a county council;

(b) a county borough council; or

Greater London

30A

(1) There shall be a body corporate known as the Greater London Magistrates’ Courts Authority.

(2) The Authority shall be the magistrates’ courts committee for Greater London.

30B

(1) The Lord Chancellor may by regulations made by statutory instrument make provision relating to the Greater London Magistrates’ Courts Authority, including—

(a) provision about the membership of the Authority (including provision as to who is to chair it and about the payment of remuneration to its members); and

(b) provision about the Authority’s constitution and procedure (including quorum and meetings).

(2) A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Procedure of Authority.

30C

(1) The Greater London Magistrates’ Courts Authority may, with the approval of the Lord Chancellor, act through committees appointed by the Authority which, if they include at least one member of the Authority, may also include persons who are not members.

(2) The Authority may also arrange for the discharge of any of their functions—

(a) by the chairman of the Authority; or

(b) by the justices’ chief executive.

(3) Subject to regulations made under this Act, the Authority shall have power to regulate their own procedure, including quorum.

General powers and duties of magistrates’ courts committees.

31A

(1) A magistrates’ courts committee may approve persons or bodies for the purpose of executing warrants pursuant to section 125B of the Magistrates’ Courts Act 1980.

(2) The Lord Chancellor may by statutory instrument make regulations as to—

(a) conditions which must be satisfied by a person or body in order to be approved under subsection (1) above; and

(b) the procedure by which a person or body may be so approved.

(3) A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A magistrates’ courts committee shall maintain a register—

(a) containing the names of all persons and bodies approved by the committee under subsection (1) above; or

(b) stating that no person or body has been so approved.

(5) Copies of the register kept by a committee under subsection (4) above shall be available for inspection by members of the public in every petty sessional court-house in the committee’s area during the hours that the court-house is open to the public.

(6) A decision by a magistrates’ courts committee to revoke the approval of a person or body under subsection (1) above does not have effect to revoke the approval until the committee have informed the person or body in writing of the decision.

32A

(1) A magistrates’ courts committee may at any time submit to the Lord Chancellor written proposals for an alteration of any commission area which includes the whole or any part of their area.

(2) Before submitting such proposals the magistrates’ courts committee shall consult—

(a) the magistrates for their area or that of any affected magistrates’ courts committee; and

(b) any affected magistrates’ courts committee.

(3) Before making an order under section 1(2) above which makes an alteration of a commission area, other than an order which implements proposals submitted to him under subsection (1) above, the Lord Chancellor shall consult—

(a) the magistrates for the area of any affected magistrates’ courts committee; and

(b) any affected magistrates’ courts committee.

(4) For the purposes of subsection (3) above an order shall be taken to implement proposals if it implements them without changes or any departures from the proposals do not, in the opinion of the Lord Chancellor, effect important changes in the proposals.

(5) An order under section 1(2) above which makes an alteration of a commission area may contain such consequential and transitional provisions as appear to the Lord Chancellor to be necessary or expedient.

(6) A statutory instrument containing an order under section 1(2) above which makes an alteration of a commission area shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In this section references to the alteration of a commission area include (as well as a change in the boundaries of the area)—

(a) the combination of the area with another commission area; and

(b) the division of the area between two or more commission areas.

(8) For the purposes of this section a magistrates’ courts committee is affected by proposals or a proposed order if the alteration proposed would affect any commission area which includes the whole or any part of their area.

39A

(1) The Lord Chancellor may prepare a code of conduct to be observed by—

(a) members of magistrates’ courts committees; and

(b) members of selection panels for choosing members of such committees.

(2) The Lord Chancellor may from time to time prepare a revised version of the code.

(3) Before preparing the code or a revised version of the code the Lord Chancellor shall undertake such consultation as appears to him to be appropriate.

(4) The code, and any revised version of the code, shall come into force as provided by an order made by the Lord Chancellor by statutory instrument; and an order providing for the coming into force of the code or a revised version shall set out the code or revised version.

(5) A statutory instrument containing an order made by virtue of subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

39B

(1) The Lord Chancellor may make an order under subsection (2) below if he is of the opinion that—

(a) a member of a magistrates’ courts committee; or

(b) a member of a selection panel for choosing members of such a committee,

has, without reasonable excuse, failed to observe the code.

(2) An order under this subsection shall state that the Lord Chancellor is of the opinion mentioned in subsection (1) above and may provide either or both of the following—

(a) that, on the making of the order, the person is to cease to be a member of the committee or selection panel concerned or to cease to be such a member for a specified period; or

(b) that, for a specified period, the person may not be appointed (or co-opted) as a member of any magistrates’ courts committee or any selection panel for choosing members of such a committee.

(3) The Lord Chancellor may by regulations made by statutory instrument make provision for the purpose of establishing whether persons have failed to observe the code.

(4) A statutory instrument containing regulations made by virtue of subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

41A

(1) A justices’ chief executive shall, by virtue of his office, be collecting officer of each of the courts for the area of the magistrates’ courts committee which appointed him.

(2) A justices’ chief executive shall act under any order made under section 30 of the Criminal Justice Administration Act 1914 (which provided for periodical payments under court orders to be made through an officer of the court or other third party) which, in accordance with the provisions of paragraph 16A of Schedule 4 to this Act, has effect to direct the payment of money to him.

(3) This section is without prejudice to the provisions of—

(a) section 59 of the Magistrates’ Courts Act 1980 (periodical payments through justices’ chief executive); and

(b) sections 59A and 62 of that Act (proceedings by justices’ chief executive).

53A

(1) A court may not order any justice of the peace or justices’ clerk to pay costs in any proceedings in respect of any act or omission of his in the execution (or purported execution) of his duty—

(a) as such a justice; or

(b) as such a clerk exercising, by virtue of any statutory provision, any of the functions of a single justice.

(2) Subsection (1) above does not apply in relation to—

(a) any proceedings in which a justice or justices’ clerk is being tried for an offence or is appealing against a conviction; or

(b) any proceedings in which it is proved that a justice or justices’ clerk acted in bad faith in respect of the matters giving rise to the proceedings.

(3) Where a court is prevented by subsection (1) above from ordering a justice or justices’ clerk to pay costs in any proceedings, the court may instead order the making by the Lord Chancellor of a payment in respect of the costs of a person in the proceedings.

(4) The Lord Chancellor may by statutory instrument make regulations specifying—

(a) circumstances when a court shall or shall not exercise the power conferred on it by subsection (3) above; and

(b) how the amount of any payment ordered under that subsection is to be determined.

(5) No regulations may be made under subsection (4) above unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(6) In this section references to a justices’ clerk include any person appointed by a magistrates’ courts committee to assist a justices’ clerk.

“Magistrates’ courts committees outside Greater London”.

Grants by Lord Chancellor to responsible authorities.

Regulations as to accounts and audit.

Greater London Magistrates’ Courts Authority

59A

(1) The Greater London Magistrates’ Courts Authority shall provide such petty sessional court-houses and other accommodation, and such goods and services, as they may determine proper for the performance of the Authority’s functions and those of—

(a) the magistrates for Greater London;

(b) any committee of the magistrates for Greater London; and

(2) The Authority may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the function in subsection (1) above; but the Authority may not borrow money except insofar as authorised by any other enactment to do so.

59B

(1) The Lord Chancellor may pay grants to the Greater London Magistrates’ Courts Authority in respect of the Authority’s expenditure.

(2) Grants under this section shall be paid at such times, in such manner and subject to such conditions as the Lord Chancellor may with the concurrence of the Treasury determine.

(3) Each London local authority shall pay to the Authority such amount in respect of—

(a) any kind of the Authority’s expenditure in any year; or

(b) if less, such amount as may, in relation to that kind of expenditure and that year, be for the time being determined by the Lord Chancellor,

as may be determined in accordance with regulations made by the Lord Chancellor by statutory instrument.

(4) The Lord Chancellor may by regulations made by statutory instrument make provision as to the making of payments under subsection (3) above, including provision—

(a) as to whether payments are to be made by instalments or otherwise;

(b) as to the time when payments are to be made;

(d) permitting a London local authority to anticipate a payment under this section when making calculations in accordance with section 32 of the Local Government Finance Act 1992 (originally or by way of substitute).

(5) The Lord Chancellor may with the consent of the Treasury make provision by regulations made by statutory instrument as to how any kind of the Authority’s expenditure is to be determined.

(6) Subject to any such regulations, the Lord Chancellor may direct that in determining any kind of the Authority’s expenditure there shall be taken into account or disregarded, to such extent as may be specified in the direction, such items as may be so specified.

(7) A statutory instrument containing regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7A) References in this section to the Authority’s expenditure do not include expenditure which is, or is to be, met by payments under section 38 of the Vehicles (Crime) Act 2001.

(8) In this section “London local authority” means the council of any London borough or the Common Council of the City of London.

59C

(1) The Greater London Magistrates’ Courts Authority shall consult each London local authority before making any determination under section 59A(1) above or any determination as to—

(a) the salary to be paid to a justices’ clerk or justices’ chief executive and to staff of the Authority; or

(b) the nature and amount of the expenses which the Authority may incur in the discharge of their functions or may authorise to be incurred.

(2) Any London local authority which is aggrieved by such a determination may, within one month from the receipt by the London local authority of written notice of the determination, appeal to the Lord Chancellor, whose decision shall be binding upon the Authority and the London local authority concerned.

(3) In this section, “London local authority” has the same meaning as in section 59B above.

59D

(1) The Greater London Magistrates’ Courts Authority shall keep a fund to be known as the GLMCA fund.

(2) All the Authority’s receipts shall be paid into the GLMCA fund and all the Authority’s expenditure shall be paid out of it.

(3) The Authority shall—

(a) keep accounts of payments made into or out of the GLMCA fund; and

(b) make arrangements for the proper administration of their financial affairs.

(4) The Lord Chancellor may by regulations made by statutory instrument make provision applying—

(a) Part VIII of the Local Government Finance Act 1988 (financial administration); and

(b) Part II of the Audit Commission Act 1998 (accounts and audit of public bodies),

to the Authority, with or without modifications and exceptions.

(5) A statutory instrument containing regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Provisions applying to all magistrates’ courts committees.

59E

(1) The Lord Chancellor may by statutory instrument make regulations requiring every magistrates’ courts committee, or every specified magistrates’ courts committee, to obtain for the performance of any function referred to in section 55(1) or 59A(1) above—

(a) specified goods or services; or

(b) goods or services of a specified description,

if he considers that it would be in the interests of the efficient and effective administration of magistrates’ courts generally for them to do so.

(2) Regulations made by virtue of subsection (1) above may include provision requiring magistrates’ courts committees to obtain the specified goods or services, or goods or services of the specified description—

(a) from a specified person or person of a specified description;

(b) at or by a specified time; or

(3) A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

60A

The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations—

(a) as to the times at which, and the manner in which, a justices’ chief executive shall pay sums payable by him to the Lord Chancellor or any other person;

(b) requiring the keeping and production of accounts by justices’ chief executives in respect of sums received by them (apart from any received on account of their salaries or expenses as such) and for the inspection and audit of the accounts required to be kept; and

(c) requiring justices’ chief executives to use specified banking arrangements or facilities, or banking arrangements or facilities of a specified description, in relation to sums received by them (apart from any received on account of their salaries or expenses as such).

64A

The person who is the chairman of the Independent Police Complaints Commission an any person who is otherwise a member of that Commission or a member of its staff is disqualified for being appointed or acting as a justice of the peace.

68A

Any accommodation provided under any enactment for any justice, justices’ clerk or justices’ chief executive may be outside the area for which the justices act and, in the case of a petty sessional court-house, shall be treated as being in that area for the purposes of the jurisdiction of the justices when acting in the court-house.

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

16A

Any order made before 1st April 1953 under section 30 of the Criminal Justice Administration Act 1914 or section 1 of the Affiliation Orders Act 1914—

(a) if it directs payments to be made to any officer of a court of summary jurisdiction, shall have effect as if it directed them to be made to the justices’ chief executive who is the collecting officer of that court; and

(b) if it directs payments to be made to any person who is not an officer of a court of summary jurisdiction, shall have effect as if it directed them to be made to the justices’ chief executive who is the collecting officer of the court making the order.

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

SCHEDULE

Notes:

1

This Table shows the derivation of the provisions of the Act.

2

The following abbreviations are used in the Table:—

3

The functions of the Secretary of State under 1979 were transferred to the Lord Chancellor by the Transfer of Functions (Magistrates’ Courts and Family Law) Order 1992 (S.I. 1992/709) Art.2(1)(a).

Editorial notes

[^c20811991]: Act repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 6(4), 109(3), 110(1), Sch. 10; S.I. 2005/910, art. 3(aa) (with transitional provisions and savings in S.I. 2005/911)

[^c14196141]: S. 1 amended (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 para. 19 (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(i)

[^c14196131]: S. 1 substituted for ss. 1, 2 (27.9.1999) by 1999 c. 22, ss. 74(1), 108(3)(c) (with Sch. 14 para. 7(2))

[^c14196161]: S. 4 amended (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 para. 20 (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(i)

[^c14196151]: S. 4 substituted (27.9.1999) by 1999 c. 22, ss. 75(1), 108(3)(c) (with Sch. 14 para. 7(2))

[^c14196211]: S. 5 extended (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 Pt. V para. 21 (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(i)

[^c14196221]: Words in s. 5(2)(a) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 paras. 43, 44 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

[^c14196231]: S. 5(2)(b) and the word “and” immediately preceding it repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9)); S.I. 19992657, art. 2(d)(iii)

[^c14196251]: S. 6(1A) extended (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 Pt. V para. 21 (with Sch. 14 paras. 7(2)); S.I. 1999/2657, art. 2(d)(i)

[^c14196261]: S. 6(1A) inserted (27.9.1999) by 1999 c. 22, ss. 76, 108(3)(c), Sch. 10 paras. 47, 48 (with Sch. 14 paras. 7(2))

[^c14196301]: 1876 c. 59.

[^c14196311]: Words in s. 7(3) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(d)(iii)

[^c14196321]: Words in s. 7(7) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 paras. 43, 45 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

[^c14196401]: Words in s. 10(4) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 paras. 43, 46 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

[^c14196411]: S. 10(7)(a)(b) and immediately preceding words substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3), Sch. 10 paras. 47, 49 (with Sch. 14 para. 7(2)

[^c14196421]: Words in s. 10(7) inserted (1.4.2001) by 1999 c. 22, s. 83, Sch. 12 paras. 9, 10 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(i) (subject to transitional provisions in Sch. 2 para. 2)

[^c14196431]: S. 10(8) substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3)(C), Sch. 10 paras. 47, 49(1)(3) (with Sch. 14 para. 7(2))

[^c14196441]: Words in s. 10(8) repealed (1.4.2001) by 1999 c. 22, s. 76, Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(i) (subject to transitional provisions in Sch. 2 para. 2)

[^c14196461]: Words in s. 10(9) substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3)(c), Sch. 10 paras. 47, 49(1)(4) (with Sch. 14 para. 7(2))

[^c14196171]: Words in heading substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 paras. 43, 44 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

[^c19068681]: 1990 c. 41.

[^c19068691]: 1993 c. 8.

[^c19068701]: 1980 c. 43.

[^c19068711]: S. 15 amended (19.6.1997) by 1965 c. 45, Sch. para. 2 proviso (as inserted by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para.9

[^c19068721]: 1980 c. 43.

[^c19068731]: 1980 c. 43.

[^c14196631]: 1990 c. 41.

[^c14196661]: S. 18(4)(a) omitted (4.8.1998) by S.I. 1998/276, reg. 17(2)

[^c14196671]: 1989 c. 33.

[^c14196681]: 1990 c. 41.

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