The Local Justice Areas Order 2011

Made: 26th April 2011

Laid before Parliament: 27th April 2011

Coming into force in accordance with article 1

The Lord Chancellor, in exercise of powers conferred by sections 8(4) and 108(6) of the Courts Act 2003[^f00001] and after consulting in accordance with section 8(5A) and 8(6) of that Act, makes the following Order.

Citation and commencement

1

• (1) This Order may be cited as the Local Justice Areas Order 2011.

• (2) This Order comes into force on 19th May 2011 for the purposes of Part 1 of Schedule 2 to this Order.

• (3) For all other purposes this Order comes into force on 1st January 2012.

Interpretation

2

In this Order—

• “existing area” means a local justice area as it exists immediately before 1st January 2012;

• “new area” means a local justice area constituted by this Order.

New Areas

3

The existing areas named in the left hand column of Table 1 are combined to become the new area named in the corresponding right hand column.

Division of Areas

4

• (1) The existing area of North West Surrey is divided between the two existing areas of North Surrey and South West Surrey in accordance with paragraphs (2) and (3).

• (2) The area of Runnymede Borough Council is added to the existing area of North Surrey.

• (3) The areas of Woking Borough Council and Surrey Heath District Council respectively are added to the existing area of South West Surrey.

Amendments to the Local Justice Area Order 2005

5

The Schedule set out at Schedule 1 to this Order is substituted for the Schedule to the Local Justice Areas Order 2005[^f00002].

Consequential and transitional provisions

6

The consequential and transitional provisions set out in Schedule 2 to this Order have effect.

SCHEDULE 1 — Local Justice Areas in England and Wales

SCHEDULE 2

PART 1 — Consequential and Transitional Provisions

1

• (1) The persons and bodies referred to in sub-paragraph (2) shall be formed, appointed or elected (as the case may be) in the prescribed manner and for the prescribed term, to take office on 1st January 2012.

• (2) The persons and bodies are:

• (a) a chairman and one or more deputy chairmen of the justices of a local justice area;

• (b) a Bench Training and Development Committee;

• (c) a family panel, and a chairman and one or more deputy chairmen of a family panel;

• (d) a youth panel, and a chairman and one or more deputy chairmen of a youth panel.

• (3) In sub-paragraph (1), the expressions “the prescribed manner” and “the prescribed term” mean respectively—

• (a) in relation to the election of a chairman or deputy chairman, the manner prescribed by the Justices of the Peace (Size and Chairmanship of Bench) Rules 2005[^f00003] and a term ending on 31st December 2012;

• (b) in relation to the formation of a Bench Training and Development Committee and the appointment of a member of a Bench Training and Development Committee, the manner prescribed by the Justices of the Peace (Training and Development Committee) Rules 2007[^f00004] and a term ending for one third of the members on 31st December in the years 2012, 2013 and 2014 respectively;

• (c) in relation to the formation of a family panel and the election of a chairman and one or more deputy chairmen of a family panel, the manner prescribed by the Family Proceedings Courts (Constitution of Committees and Right to Preside) Rules 2007[^f00005], and as regards any such election, a term ending on 31st December 2012;

• (d) in relation to the formation of a youth panel and the election of a chairman and one or more deputy chairmen of a youth panel, the manner prescribed by the Youth Courts (Constitution of Committees and Right to Preside) Rules 2007[^f00006], and as regards any such election, a term ending on 31st December 2012.

• (4) In this Part of this Schedule any reference to the manner prescribed by rules or regulations for any election or appointment shall not include provisions relating to dates, times or time limits.

2

• (1) The persons who will be justices for a new area may hold a meeting before 1st January 2012 for the purposes set out in this Part of the Schedule and in order to prepare to assume their functions on and after that date.

• (2) If a meeting is held in accordance with sub-paragraph (1) it shall be treated as if it were a meeting of the justices for the new area for the purposes of the enactments cited in this Part of this Schedule despite the fact that the new area was not at that time in existence.

• (3) The persons and bodies appointed or elected for a new area under paragraph 1(1) may hold one or more meetings after the conclusion of the process of appointment or election but before 1st January 2012 for the purpose of preparing to assume their functions on and after that date.

PART 2 — Other things done

3

Subject to the provisions of this Schedule anything done before 1st January 2012 by, to, before or in relation to any justices for an existing area, their clerk or any other officer of the court, shall on or after that date, be deemed to have been done by, to, before or in relation to those justices, their clerk or any other officer of the court, as justices for the new area, their clerk or any other officer of the court, as the case may be.

Signed

Signed by authority of the Lord Chancellor

J Djanogly — Parliamentary Under Secretary of State — Ministry of Justice — 26th April 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order provides for the reorganisation of local justice areas.

This Order comes into force on 19th May 2011 for the purpose of enabling appointments to be made and elections to be held on the basis of the altered local justice areas. It comes into force on 1st January 2012 for the substantive creation of the new local justice areas.

Footnotes

[^f00001]: 2003 c.39. Section 8(5A) was inserted by the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4, paragraph 312. Section 108(6) was amended by the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4, paragraph 348.

[^f00002]: S.I. 2005/554 as amended by S.I. 2005/2949, 2006/1839, 2006/2315, 2009/2080 and 2010/1536.

[^f00003]: S.I. 2005/553.

[^f00004]: S.I. 2007/1609.

[^f00005]: S.I. 2007/1610 as amended by S.I. 2007/2621.

[^f00006]: S.I. 2007/1611 as amended by S.I. 2007/2622.