The Petty Sessional Divisions (Cumbria) Order 1987

Made: 10th November 1987

Coming into force in accordance with Article 1

Now, therefore, in exercise of the powers conferred upon me by subsections (3) and (5) of the said section 23, I hereby make the following Order:

1

This Order may be cited as the Petty Sessional Divisions (Cumbria) Order 1987 and shall come into force on 1st January 1988, except that for the purposes of paragraph 2 of Schedule 2 thereto this Order shall come into operation forthwith.

2

In this Order, except where the context otherwise requires, the expression “division” means petty sessional division and any reference to a justice for a division shall be construed as a reference to a justice of the peace who ordinarily acts, or, as the case may be, will on or after 1st January 1988 ordinarily act, in and for that division.

3

• (1) The divisions of Workington, Maryport and Cockermouth shall be combined to form a new division which shall be known as the West Allerdale Division.

• (2) The divisions of Barrow-in-Furness and Bootle shall be combined to form a new division which shall be known as the Barrow with Bootle division.

• (3) The divisions of Ambleside and Windermere and Hawkshead shall be combined to form a new division which shall be known as the South Lakes division.

• (4) The divisions of Kendal and Lonsdale Ward shall be combined to form a new division which shall be known as the Kendal and Lonsdale division.

• (5) The divisions of West Ward, East Ward and Penrith and Alston shall be abolished and—

• (a) from the area comprised in the division of East Ward together with the parishes set out in Part I of Schedule 1 to this Order there shall be constituted a new division to be known as the Appleby division;

• (b) from the area comprised in the division of Penrith and Alston together with the parishes set out in Part II of Schedule 1 to this Order there shall be constituted a new division to be known as the Penrith and Alston division.

4

The transitional and other consequential provisions set out in the Schedule to this Order shall have effect in connection with the provisions of article 3 of this Order.

SCHEDULE 1

PART I

Bolton, Crosby Ravensworth, King’s Meaburn, Morland, Orton, Sleagill, Tebay.

PART II

Askham, Bampton, Barton, Brougham, Cliburn, Clifton, Great Strickland, Little Strickland, Lowther, Martindale, Newby, Shap, Shap Rural, Sockbridge and Tirril, Thrimby, Yanwath and Eamont Bridge.

SCHEDULE 2 — TRANSITIONAL AND OTHER CONSEQUENTIAL PROVISIONS

1

In this Schedule—

• “existing division” means a division abolished or combined by article 3 of this Order;

• “new division” means a division constituted by article 3 of this Order;

• “respective new division” in relation to an existing division means the new division specified opposite to that division in column (2) of the Appendix to this Schedule;

• “community service order” means an order made under section 14 of the Powers of Criminal Courts Act 1973[^f00002];

• “probation order” means a probation order made, or having effect as if made, under section 2 of the Powers of Criminal Courts Act 1973;

• “supervision order” means any of the following orders, that is to say— a supervision order within the meaning of section 11 of the Children and Young Persons Act 1969[^f00003]; an order under section 2(1)(f) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960[^f00004] or section 9 of the Domestic Proceedings and Magistrates' Courts Act 1978[^f00005]; an order under section 2(2)(a) of the Guardianship Act 1973[^f00006]; a supervision order within the meaning of section 26 of the Powers of Criminal Courts Acts 1973; an order under section 17(1)(a) or section 36(3)(b) of the Children Act 1975[^f00007].

2

• (1) The justices for a new division shall appoint in the prescribed manner, so far as may be applicable, and for the prescribed term to take office on 1st January 1988—

• (a) a chairman and one or more deputy chairmen;

• (b) one or more probation liaison committees;

• (c) a justice or justices to serve as a member or members of the magistrates' courts committee for the county of Cumbria;

• (d) a divisional licensing committee;

• (e) a betting licensing committee;

• (f) a domestic court panel.

• (2) The justices for the new divisions of Appleby, Penrith and Alston and West Allerdale shall also appoint in the prescribed manner, as far as may be applicable, and for the prescribed term to take office on 1st January 1988 a juvenile court panel.

• (3) In the foregoing paragraphs, the expressions “the prescribed manner” and “the prescribed term” mean respectively—

• (a) in relation to the election of a chairman or deputy chairmen, the manner prescribed by rules made, or having effect as if made, under section 18 of the Justices of the Peace Act 1979 and a term ending at the expiration of the month of December 1988;

• (b) in relation to the appointment of a probation liaison committee, the manner prescribed by rules made under Schedule 3 to the Powers of Criminal Courts Act 1973 and a term ending at the expiration of the month of December 1988;

• (c) in relation to the appointment of a member of the magistrates' courts committee, the manner prescribed by regulations made, or having effect as if made, under section 21 of the Justices of the Peace Act 1979 and a term ending at the expiration of the month of November 1988;

• (d) in relation to the appointment of a divisional licensing committee, the manner prescribed in Part I of Schedule 1 to the Licensing Act 1964[^f00008] and a term ending at the expiration of the month of December 1988;

• (e) in relation to the appointment of a betting licensing committee, the manner prescribed by the Betting (Licensing) Regulations 1960[^f00009] and a term ending at the expiration of the month of December 1988;

• (f) in relation to the appointment of a domestic court panel, the manner prescribed by rules made, or having effect as if made, under section 144 of the Magistrates' Courts Act 1980, as extended by section 67 of that Act, and a term ending at the expiration of the month of December 1989;

• (g) in relation to the appointment of a juvenile court panel, the manner prescribed by rules made, or having effect as if made, under section 144 of the Magistrates' Courts Act 1980[^f00010], as extended by section 146 of that Act, and a term ending at the expiration of the month of December 1988.

• (4) In relation to the appointment of a justices' clerk for a new division, any consultation with the justices for that division required by section 25(3) of the Justices of the Peace Act 1979 may take place before 1st January 1988.

3

The permitted hours under Part III of the Licensing Act 1964 in force immediately before 1st January 1988 in an existing division shall continue in force there until the coming into operation of an order under the said Part III, fixing permitted hours, made in the year 1988 at the general annual licensing meeting of the justices for the respective new division.

4

Anything required by virtue of the foregoing provisions of this Schedule to be done on or after 1st January 1988 by, or in relation to the clerk to the justices for an existing division shall be done by, or in relation to, the clerk to the justices for the respective new division.

5

Subject to the foregoing provisions of this Schedule, any process issued, order made, sentence passed, appeal brought, case stated, licence granted, recognisance entered into, proceedings begun, appointment made or other thing done before 1st January 1988 by, from, to or before any justices for an existing division or their clerk shall, on and after that date, be deemed to have been issued, made, passed, brought, stated, granted, entered into, begun or done by, from, to or before those justices as justices for the respective new division or their clerk, as the case may be.

6

Any order made by a magistrates' court directing the payment of money to the clerk or any other officer of a magistrates' court acting for an existing division shall have effect as if it had directed payment to be made to the clerk to the justices for the respective new division.

7

• (1) Any process, records or other documents in the custody, by virtue of his office as such, of the clerk to the justices for an existing division shall be retained by that clerk in his capacity as clerk to the justices for the respective new division or, if he does not hold that clerkship, be transferred to the custody of the clerk to the justices for the respective new division.

• (2) Copies of, and extracts from, any such record or other document as aforesaid made or certified by the clerk to the justices for the respective new division shall be of the same effect as if they had been made or certified by the clerk to the justices for the existing division.

8

Where an existing division is named in a community service order, probation order or supervision order, the powers and functions of the justices for that division in relation to the order shall vest in and be discharged by the justices for the respective new division and the order, unless amended in regard to the division named, shall have effect in all respects as if the respective new division were named therein.

Signed

Douglas Hurd — One of Her Majesty’s Principal Secretaries of State — 12th November 1987

Explanatory note

(This note is not part of the Order)

This Order gives effect to a draft order submitted by the magistrates' courts committee for the county of Cumbria and provides for the reorganisation of petty sessional divisions within the county.

Footnotes

[^f00001]: 1979 c. 55.

[^f00002]: 1973 c. 62.

[^f00003]: 1969 c. 54.

[^f00004]: 1960 c. 48.

[^f00005]: 1978 c. 22.

[^f00006]: 1973 c. 29.

[^f00007]: 1975 c. 72.

[^f00008]: 1964 c. 26.

[^f00009]: S.I. 1960/1701.

[^f00010]: 1980 c. 43.