The Justices’ Allowances Regulations 2015

Made: 18th June 2015

Laid before Parliament: 26th June 2015

Coming into force: 1st August 2015

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 15(8) and 109(4) and (5) of the Courts Act 2003[^f00001].

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Justices’ Allowances Regulations 2015 and come into force on 1st August 2015.

• (2) In these Regulations—

• “claim” means a claim for a travelling, subsistence or financial loss allowance under section 15 of the Courts Act 2003.

Requirements applying to lay justices who submit claims

2

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

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

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

• (3A) A lay justice who wishes to submit any claim must—

• (a) do so in writing, and

• (b) include the following particulars in relation to the claim—

• (i) the type of lay justice duty undertaken,

• (ii) the date of the duty,

• (iii) the location where the duty was undertaken, and

• (iv) the times of departure for, and arrival back from, the location where the duty was undertaken.

• (3B) Where the lay justice is submitting a claim for travelling allowance, they must also provide—

• (a) the location departed from before, and returned to after, the performance of the duty,

• (b) the total distance travelled for the purpose of performing the duty, if driving,

• (c) the engine capacity of the vehicle used, if driving,

• (d) the total value of other expenditure directly incurred on travelling, such as public transport costs, tolls and fees, if any,

• (e) evidence in relation to sub-paragraph (d), if applicable, and

• (f) a declaration that they have necessarily incurred expenditure on travelling for the purpose of enabling them to perform their duties as a lay justice.

• (3C) Where the lay justice is submitting a claim for subsistence allowance, they must also provide—

• (a) the total value of expenditure incurred on subsistence,

• (b) evidence in relation to sub-paragraph (a), and

• (c) a declaration that they have necessarily incurred expenditure on subsistence for the purpose of enabling them to perform their duties as a lay justice.

• (3D) Where the lay justice is submitting a claim for financial loss allowance, they must also provide—

• (a) evidence of loss of earnings or social security benefits suffered by reason of the performance of the duty, if any,

• (b) the total value of any other expenditure incurred by reason of the performance of the duty, if any,

• (c) evidence in relation to sub-paragraph (b), if applicable, and

• (d) a declaration that they have suffered loss of earnings or social security benefits, or incurred any other expenditure, by reason of the performance of their duties as a lay justice.

• (4) A lay justice must submit any claim within 1 month of the date on which the expenditure or loss to which the claim relates was incurred.

Transitional provision

3

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

Revocations

4

The Justices’ Allowances Regulations 1976[^f00002] and the Justices’ Allowances (Amendment) Regulations 1976[^f00003] are revoked, except to the extent necessary for the purposes of dealing with any claim submitted in accordance with those Regulations before 1st August 2015.

SCHEDULE 1

SCHEDULE 2

Signed

Shailesh Vara — Parliamentary Under Secretary of State — Ministry of Justice — 18th June 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations revoke and replace the Justices’ Allowances Regulations 1976 (S.I. 1976/117) and the Justices’ Allowances (Amendment) Regulations 1976 (S.I. 1976/2118) governing the claiming of allowances by lay justices for travelling, subsistence or financial loss under section 15 of the Courts Act 2003.

Regulation 2 requires any lay justice who wants to claim their allowances to submit an Annual Declaration. Schedule 1 prescribes the form of the Annual Declaration.

Regulation 2 requires any lay justice who wants to claim their allowances to do so on the prescribed form set out at Schedule 2 to the Regulations. A different format (such as an electronic format) may be used with the Lord Chancellor’s agreement.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 2003 c. 39. Section 15 has been amended by section 15(1) and paragraphs 308 and 317 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4). Section 109 has been amended by section 15(1) of, and paragraphs 308 and 349 of Schedule 4 to, the Constitutional Reform Act 2005.

[^f00002]: S.I. 1976/117, as amended by S.I. 1976/2118 and S.I. 1985/1383. S.I. 1976/117 was made under the powers contained in Part III of Schedule 1 to the Administration of Justice Act 1973 (c.15), as repealed by Schedule 3 to the Justices of the Peace Act 1979 (c.55), and re-enacted under section 12 of the Justices of the Peace Act 1979. The provisions of section 12 were repealed by Schedule 6 to, and re-enacted by section 10 of, the Justices of the Peace Act 1997 (c.25). Section 10 of the Justices of the Peace Act 1997 was repealed by s.109(3) of and Schedule 10 to, the Courts Act 2003 (c.39) and re-enacted by section 15 of that Act. By virtue of section 17 of the Interpretation Act 1978 (c.30), the 1976 regulations continued to have effect under the enabling powers as re-enacted.

[^f00003]: S.I. 1976/2118.

Editorial notes

[^key-5fb253a33b1378ae4a657b85299685ae]: Reg. 4 in force at 1.8.2015, see reg. 1(1)

[^key-93b883cfb6c8316bd30ae701c8c88423]: Reg. 1 in force at 1.8.2015, see reg. 1(1)

[^key-4f562fbbd403c853a6ad9fcf28757002]: Reg. 2 in force at 1.8.2015, see reg. 1(1)

[^key-284021a25c16774c7e5f2065f1f2feb4]: Reg. 2(1)-(3) omitted (25.7.2023) by virtue of The Justices’ Allowances (Amendment) Regulations 2023 (S.I. 2023/737), regs. 1(1), 2(2)(a) (with reg. 3)

[^key-2d001e730fa143a887850425598b0005]: Reg. 2(3A)-(3D) inserted (25.7.2023) by The Justices’ Allowances (Amendment) Regulations 2023 (S.I. 2023/737), regs. 1(1), 2(2)(b) (with reg. 3)

[^key-97c88e8fc7f4ffebcc8c6ddc0236c10c]: Word in reg. 2(4) substituted (25.7.2023) by The Justices’ Allowances (Amendment) Regulations 2023 (S.I. 2023/737), regs. 1(1), 2(2)(c) (with reg. 3)

[^key-75bafee9a2e53866ae2507d7d996074a]: Sch. 1 omitted (25.7.2023) by virtue of The Justices’ Allowances (Amendment) Regulations 2023 (S.I. 2023/737), regs. 1(1), 2(4) (with reg. 3)

[^key-ccd02b167065ca5080df2451eb1f620f]: Sch. 2 omitted (25.7.2023) by virtue of The Justices’ Allowances (Amendment) Regulations 2023 (S.I. 2023/737), regs. 1(1), 2(4) (with reg. 3)

[^key-35ac62d39b6563fa795a968fe40bc768]: Reg. 3 omitted (25.7.2023) by virtue of The Justices’ Allowances (Amendment) Regulations 2023 (S.I. 2023/737), regs. 1(1), 2(3) (with reg. 3)

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