Part IU.K. POLICE

Chapter IE+W PRINCIPAL AMENDMENTS OF POLICE ACT 1964

Police areasE+W

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Forces outside LondonE+W

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

GeneralE+W

F1313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1515. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1616. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1818. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1919. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2020. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2323. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2525. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2626. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Chapter IIU.K. OTHER PROVISIONS ABOUT THE POLICE

Financial provisionsE+W

27 Precepts.E+W

(1)In section 39 of the M1Local Government Finance Act 1992, in subsection (1) (list of major precepting authorities) for paragraphs (b) and (c) there shall be substituted—

“(b)a police authority established under section 3 of the M2Police Act 1964;”.

(2)In section 54 of that Act (designation of authorities whose budget requirements are to be limited), in subsection (3) (classes of authorities to be treated on same principles) for paragraph (f) there shall be substituted—

“(f)police authorities established under section 3 of the M3Police Act 1964;”.

F2728. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2829. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

30 Revenue accounts and capital finance.E+W

In section 39 of the M4Local Government and Housing Act 1989, in subsection (1) (authorities to which provisions about revenue accounts and capital finance apply) for paragraph (j) there shall be substituted—

“(j)a police authority established under section 3 of the M5Police Act 1964;”.

31 Financial administration.E+W

In section 111 of the M6Local Government Finance Act 1988, in subsection (2) (definition of “relevant authority” for the purposes of provisions regulating financial administration) for paragraph (e) there shall be substituted—

“(e)a police authority established under section 3 of the M7Police Act 1964,”.

F2932. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

33 Validation of past grants.E+W

(1)Any deductions made from grants under section 31 of the 1964 Act for any period ended after 31st March 1980 and before the passing of this Act on account of common services expenditure shall be deemed to have been made in accordance with that section and any order made under it.

(2)In subsection (1) above “common services expenditure” means expenditure incurred by the Secretary of State under—

(a)section 41 (common services) of the 1964 Act, or

(b)section 44 (Police Federations) of that Act, or

(c)section 4 of the M8Police Act 1969 (Police Council for the United Kingdom) or section 1 of the M9Police Negotiating Board Act 1980.

Complaints against and conduct of police officersE+W

F3034. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F3135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F3236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F3337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F3438. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Reorganisation of local governmentE+W

39 Police areas in England: alterations under Local Government Act 1992.E+W

(1)The M10Local Government Act 1992 shall be amended as follows.

(2)In section 14(5) (matters on which Local Government Commission to make recommendations) after paragraph (d) there shall be added— “ (e) whether, in connection with any recommended structural or boundary change, there should be any change in police areas (including any change resulting in a reduction or increase in the number of police areas) ”.

(3)In section 15 (procedure on a review) in subsections (3)(c) and (4)(c) (duty to deposit draft and final recommendations with affected councils) after the word “council" there shall be inserted the words “ or police authority ”.

(4)In section 17 (implementation of recommendations), in subsection (3)(g) for the words “and election" there shall be substituted the words “ , election and membership ”.

(5)After subsection (5) of section 17 there shall be added—

“(6)The Secretary of State shall exercise his power to make orders under this section in relation to police areas in such a way as to ensure that none of the following areas—

(a)a county in which there are no district councils,

(b)a district in any other county, and

(c)a London borough,

is divided between two or more police areas; but this subsection shall not have effect so as to prevent the maintenance of any part of the boundary of the metropolitan police district as it exists at the commencement of section 1 of the Police and Magistrates’ Courts Act 1994.”

(6)In section 18, subsection (2) and paragraph (a) of subsection (4) shall cease to have effect.

(7)In section 19(2) (provision that may be made by regulations), in paragraph (a) after the words “local authority" in each place where they occur there shall be inserted the words “ or police authority ”.

40 Police areas in Wales: alterations under Local Government Act 1972.E+W

(1)The M11Local Government Act 1972 shall be amended as follows.

(2)In section 54(1) (changes that may be proposed by Welsh Local Government Boundary Commission) after paragraph (e) there shall be added— “ (f) a change in police areas (including a change resulting in a reduction or increase in the number of police areas) in connection with a change in local government areas ”.

(3)In section 58 (implementation of Commission’s reports) after subsection (3) there shall be inserted—

“(3A)The Secretary of State shall exercise his power to make orders under this section in relation to police areas in such a way as to ensure that no county or county borough is divided between two or more police areas.”

(4)In section 60 (procedure for reviews)—

(a)in subsection (2)(a)(i) (duty to consult local authorities etc.) after the word “area" there shall be inserted the words “ and the police authority for any police area ”;

(b)in subsection (2)(c) (duty to deposit documents with councils, etc.) after the words “principal council" there shall be inserted the words “ or police authority ”, and after the word “such" there shall be inserted the word “ principal ”;

(c)in subsection (5)(b) (further duty to deposit documents with councils, etc.) after the words “principal council" there shall be inserted the words “ or police authority ”, and after the word “such" there shall be inserted the word “ principal ”.

(5)In section 67 (provision that may be made by orders), in subsection (5)(b) for the words “and election" there shall be substituted the words “ , election and membership ”.

MiscellaneousU.K.

41 Metropolitan police: assistant commissioners.E+W

In section 2 of the M12Metropolitan Police Act 1856 (power to appoint six assistant commissioners of police)—

(a)the word “six", and

(b)the words “and upon every vacancy" onwards,

shall be omitted.

42 Application of Firearms Act 1968 to civilian staff.E+W+S

In section 54 of the M13Firearms Act 1968 (application of Act to Crown servants) for subsection (3) (which provides that members of police forces are deemed to be in the service of Her Majesty) there shall be substituted—

“(3)For the purposes of this section and of any rule of law whereby any provision of this Act does not bind the Crown, a person shall be deemed to be in the service of Her Majesty if he is—

(a)a member of a police force, or

(b)a person employed by a police authority who is under the direction and control of a chief officer of police.”

43 Application to police authorities of enactments relating to local authorities etc.U.K.

Schedule 4 to this Act (which makes amendments relating to the application of enactments to police authorities, including amendments providing for them to be treated as local authorities for certain purposes) shall have effect.

44 Minor and consequential amendments.U.K.

Schedule 5 to this Act (which makes minor and consequential amendments relating to the police) shall have effect.

F3545. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

46 Interpretation of Part I.E+W+S

In this Part of this Act “the 1964 Act” means the M14Police Act 1964.

Part IIS POLICE (SCOTLAND)

47 Constitution of police force.S

(1)For section 3 of the 1967 Act there shall be substituted—

“3 Establishments of police forces

(1)A police force shall consist of a chief constable, regular constables and special constables.

(2)In subsection (1) above—

(2)In section 7 of that Act (assignment of ranks)—

(a)in subsection (1)—

(i)the words “, deputy chief constable" and “, chief superintendent and" shall be omitted; and

(ii)after the word “superintendent" there shall be inserted the words “ , chief inspector, inspector, sergeant and constable. ”; and

(b)subsection (2) shall be omitted.

(3)In section 8(1) (appointment of police cadets), the words “and subject to the approval of the police authority and the Secretary of State as to numbers" shall be omitted.

(4)In section 14(1) (extra policing of locality where works are being constructed), the words “(whether by the appointment of temporary constables or otherwise)" shall be omitted.

(5)In section 26(2)(d) (regulations as to retirement of certain constables), the words “or temporary" shall be omitted.

48 Deputy and assistant chief constables.S

For sections 5 and 5A of the 1967 Act there shall be substituted—

“5 Assistant chief constables.

(1)The ranks that may be held in a police force maintained under section 1 of this Act shall include that of assistant chief constable (but not that of deputy chief constable); and in every such police force there shall be at least one person holding that rank.

(2)Appointments and promotions to the rank of assistant chief constable shall be made, in accordance with regulations under Part II of this Act, by the police authority after consultation with the chief constable and subject to the approval of the Secretary of State.

(3)Subsections (4) to (7) of section 4 of this Act shall apply to an assistant chief constable as they apply to a chief constable.

(4)A chief constable shall, after consulting the police authority for the area for which his force is maintained, designate a person holding the rank of assistant chief constable to exercise all the powers and duties of the chief constable—

(a)during any absence, incapacity or suspension from duty of the chief constable, or

(b)during any vacancy in the office of chief constable.

(5)No more than one person shall be authorised to act by virtue of a designation under subsection (4) of this section at any one time; and a person so authorised shall not have power to act by virtue of that subsection for a continuous period exceeding three months except with the consent of the Secretary of State.

(6)The provisions of subsection (4) of this section shall be in addition to, and not in substitution for, any other enactment which makes provision for the exercise by any other person of powers conferred on a chief constable.”.

49 Civilian employees.S

For section 9 of the 1967 Act there shall be substituted—

“9 Civilian employees.

(1)A police authority may employ for the assistance of the constables of a police force maintained for their area, or otherwise to enable the authority to discharge their functions, officers who are not constables.

(2)The police authority shall exercise their powers under section 56 (and section 63) of the M15Local Government (Scotland) Act 1973 so as to secure that, subject to subsection (3) below, any person employed by the authority under subsection (1) above is under the direction and control of the chief constable of the police force.

(3)Subsection (2) above shall not apply to such of the persons employed by the authority as may be agreed between the chief constable and the authority or, in the absence of agreement, as may be determined by the Secretary of State.

(4)The powers of direction and control referred to in subsection (2) above include the powers of engagement and dismissal.”.

50 Provision of advice and assistance to international organisations etc.S

After section 12 of the 1967 Act there shall be inserted—

“12A Provision of advice and assistance to international organisations etc.

(1)Subject to the provisions of this section, a police authority may provide advice and assistance—

(a)to an international organisation or institution, or

(b)to any other person or body which is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the authority or the chief constable of a force maintained by it.

(2)The power conferred on a police authority by subsection (1) of this section includes a power to make arrangements under which a constable of the force maintained for the area of the authority is engaged for a period of temporary service with a person or body within paragraph (a) or (b) of that subsection.

(3)The power conferred by subsection (1) of this section shall not be exercised except with the consent of the Secretary of State or in accordance with a general authorisation given by him.

(4)A consent or authorisation under subsection (3) above may be given subject to such conditions as the Secretary of State thinks fit.

(5)Nothing in this section authorises a police authority to provide any financial assistance by—

(a)making a grant or loan,

(b)giving a guarantee or indemnity, or

(c)investing by acquiring share or loan capital.

(6)A police authority may make charges for advice and assistance provided by it under this section.

(7)The provisions of this section are without prejudice to the M16Police (Overseas Service) Act 1945 and section 10 of the M17Overseas Development and Co-operation Act 1980.”.

51 Chief constables’ annual reports.S

In section 15(1) of the 1967 Act (submission of general report by chief constable on policing)—

(a)for the word “May" there shall be substituted the word “ July ”;

(b)for the words “general report in writing on" there shall be substituted the words “ report in writing on such matters as the Secretary of State may prescribe as respects, and generally as respects, ”; and

(c)for the words “year ended on 31st December last preceding" there shall be substituted the words “ twelve months ending on 31st March in that year ”.

52 Regulations for police forces.S

(1)Section 26 of the 1967 Act (regulations as to government and administration of police forces) shall be amended as follows.

(2)In subsection (2) (which lists certain matters with respect to which regulations may be made), for paragraph (e) there shall be substituted—

“(e)the conduct and efficiency of constables;”.

(3)After that subsection there shall be inserted—

“(2A)Without prejudice to the powers conferred by this section, regulations under this section shall—

(a)establish, or make provision for the establishment of, procedures for cases in which a constable may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution; and

(b)make provision for securing that any case in which a constable who holds a rank above that of superintendent may be dismissed, or dealt with in any of the other ways mentioned in paragraph (a) above, is decided by the police authority of the area for which the force is maintained.

(2B)In relation to any matter as to which provision may be made by regulations under this section, the regulations may, subject to subsection (2A)(b) above—

(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief constables or other persons; or

(b)authorise or require the delegation by any person of functions conferred on him by or under the regulations.

(2C)Without prejudice to the generality of subsection (2A)(a) above, regulations under this section shall specify the circumstances in which, for the purposes of section 40A(2) of this Act, proceedings by virtue of that subsection are to be taken to have commenced.”.

(4)Subsection (7) shall be omitted.

53 Fixed term appointments etc.S

(1)Section 26 of the 1967 Act shall be further amended—

(a)by inserting, after the words “administration of” in subsection (1), the words “ , and the conditions of service in, ”; and

(b)by inserting after subsection (5)—

“(5A)Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.”.

(2)Section 23 of the 1967 Act (chief constables affected by amalgamations or local government reorganisation) shall be amended as follows—

(a)in subsection (2), for the word “deputy" there shall be substituted “ assistant ”;

(b)in subsection (3), after the word “Act" there shall be inserted “ and to subsection (3A) below ”; and

(c)after subsection (3) there shall be inserted—

“(3A)If a chief constable was appointed for a term which expires within three months of his becoming a constable of a police force by virtue of this section, subsection (3) above shall have effect as if the reference in it to three months were a reference to that term.”.

54 Power of Secretary of State to give directions to police authorities.S

After section 26 of the 1967 Act there shall be inserted—

“26A Power to give directions to police authority after adverse report.

(1)The Secretary of State may at any time require the inspectors of constabulary to carry out, for the purposes of this section, an inspection under section 33(3) of this Act of any police force maintained under section 1 of this Act.

(2)Where a report made to the Secretary of State on an inspection carried out for the purposes of this section states—

(a)that, in the opinion of the person making the report, the force inspected is not efficient; or

(b)that in his opinion, unless remedial measures are taken, the force will cease to be efficient,

the Secretary of State may direct the police authority or joint police committee for the area for which the force is maintained to take such measures as may be specified in the direction.

26B Police efficiency: allocation of funds.

Without prejudice to the generality of subsection (2) of section 26A of this Act, the Secretary of State may under that subsection direct a police authority or joint police committee to allocate from their income, to the purpose of ensuring that a police force is efficient, such amounts as he shall specify.

26C Duty of compliance.

It shall be the duty of a police authority or joint police committee to comply with any direction given to them under section 26A or 26B of this Act.”.

55 Appeals against dismissal etc.S

(1)For section 30 of the 1967 Act there shall be substituted—

“30 Appeals against dismissal etc.

(1)A constable who is dismissed, required to resign or reduced in rank by a decision taken in proceedings under regulations made in accordance with subsection (2A) of section 26 of this Act may appeal to a police appeals tribunal against the decision except where he has a right of appeal to some other person; and in that case he may appeal to such a tribunal from any decision of that other person as a result of which he is dismissed, required to resign or reduced in rank.

(2)Where a police appeals tribunal allows an appeal it may, if it considers that it is appropriate to do so, make an order dealing with the appellant in a way—

(a)which appears to the tribunal to be less severe than the way in which he was dealt with by the decision appealed against; and

(b)in which he could have been dealt with by the person who made that decision.

(3)The Secretary of State may make rules as to the procedure on appeals under this section to a police appeals tribunal.

(4)Rules made under this section may make provision for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents and may, in particular, apply subsections (4) and (5) of section 210 of the M18Local Government (Scotland) Act 1973 with such modifications as may be set out in the rules.

(5)Schedule 3 to this Act shall have effect in relation to appeals under this section.

(6)Rules made under this section may make such supplementary and transitional provision as the Secretary of State thinks necessary or expedient in consequence of the coming into operation of an amalgamation scheme, amending scheme or revoking scheme while an appeal under this section is pending; and without prejudice to the generality of this subsection, such provision may in particular include modifications to Schedule 3 to this Act in that Schedule’s application to any case affected by the making of such a scheme.”.

(2)For Schedule 3 to the 1967 Act there shall be substituted the Schedule set out in Schedule 6 to this Act.

56 Expenditure in safeguarding national security.S

After section 32 of the 1967 Act there shall be inserted—

“32A Grants for expenditure on safeguarding national security.

(1)The Secretary of State may make grants in respect of expenditure incurred (or to be incurred) by a police authority or joint police committee in connection with safeguarding national security.

(2)Grants under this section may be made either unconditionally or subject to conditions.

(3)The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.”.

57 Duty of inspectors of constabulary.S

For subsection (3) of section 33 of the 1967 Act (inspectors of constabulary), there shall be substituted—

“(3)It shall be the duty of the inspectors of constabulary, on being directed to do so by the Secretary of State, to visit and inquire into any matter concerning or relating to the operation of a police force or of police forces generally; and, without prejudice to the generality of this subsection, such matters may include the state and efficiency of, and of the buildings and equipment used by, the force or forces.”.

58 Assistant inspectors of constabulary and staff officers to inspectors of constabulary.S

In section 34 of the 1967 Act, for subsection (1) (appointment of assistant inspectors of constabulary and their staff officers) there shall be substituted—

“(1)The Secretary of State may appoint assistant inspectors of constabulary.

(1A)Constables may be appointed under subsection (1) above or to be staff officers to inspectors of constabulary.”.

59 Common services.S

For section 36 of the 1967 Act there shall be substituted—

“36 Common services.

(1)After consulting the Joint Central Committee and such bodies or associations as appear to the Secretary of State to be representative of police authorities or of chief constables or superintendents (such consultation being in the following provisions of this section referred to as “relevant consultation”), he may, either directly or indirectly, provide and maintain such facilities and services, or establish and maintain such institutions and organisations, as he considers necessary or expedient for promoting the efficiency of the police.

(2)The Secretary of State may, after relevant consultation, by regulations make provision for requiring all police forces in Scotland to use specified facilities or services, or facilities or services of a specified description, (whether or not provided under subsection (1) above) if he considers that it would be in the interests of the efficiency of the police for them to do so.

(3)The Secretary of State may, after relevant consultation, by order determine the charges to be payable for facilities and services provided under or by virtue of subsection (1) above, make provision as regards their payment and make provision for the recovery, other than by such charges, of expenses incurred by him in providing the facilities and services.

(4)A statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Any expenses falling on a police authority or joint police committee by virtue of subsection (3) above shall be defrayed in like manner as other expenses incurred for the purposes of this Act by the authority or committee.

(6)The Secretary of State may, after relevant consultation, in any order under subsection (3) above apply that order, or any provision of that order, to other expenses specified in the order, being expenses incurred by him for the purposes of police forces generally.”.

60 Constables engaged on service outside their force.S

After section 38 of the 1967 Act there shall be inserted—

“38A Constables engaged on service outside their force.

(1)For the purposes of this section “relevant service” means—

(a)temporary service on which a person is engaged in accordance with arrangements made under section 12A(2) of this Act,

(b)central service (as defined by section 38(5) of this Act) on which a person is engaged with the consent of the appropriate authority,

(c)service the expenses of which are payable under section 1(1) of the M19Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority,

(d)service in the Royal Ulster Constabulary, on which a person is engaged with the consent of the Secretary of State and the appropriate authority, or

(e)service pursuant to an appointment under section 10 of the M20Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority.

(2)In subsection (1) of this section “appropriate authority” has the same meaning as in section 38 of this Act.

(3)Subject to subsections (4) to (7) of this section, a constable of a police force engaged on relevant service shall be treated as if he were not a constable of that force during that service; but except where a pension, allowance or gratuity becomes payable to him out of money provided by Parliament by virtue of regulations made under the M21Police Pensions Act 1976—

(a)he shall be entitled at the end of the period of relevant service to revert to his police force in the rank in which he was serving immediately before the period began, and

(b)he shall be treated as if he had been serving in that force during the period of relevant service for the purposes of any scale prescribed by or under regulations made under section 26 of this Act fixing his rate of pay by reference to his length of service.

(4)In the case of relevant service to which subsection (1)(c) of this section refers, the reference in subsection (3) of this section to regulations made under the M22Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of the M23Police (Overseas Service) Act 1945.

(5)A person may, when engaged on relevant service, be promoted in his police force as if he were serving in that force; and in any such case—

(a)the reference in paragraph (a) of subsection (3) of this section to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted, and

(b)for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

(6)A constable who—

(a)has completed a period of relevant service within paragraph (a), (b) or (e) of subsection (1) of this section,

(b)while engaged on relevant service within paragraph (c) of that subsection, is dismissed from that service by the disciplinary authority established by regulations under section 1 of the M24Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or

(c)while engaged on relevant service within paragraph (d) of that subsection, is dismissed from that service or required to resign as an alternative to dismissal,

may be dealt with under regulations made in accordance with subsection (2A) of section 26 of this Act for anything done or omitted while he was engaged on that service as if that service had been service in his police force; and section 30 of this Act shall apply accordingly.

(7)For the purposes of subsection (6) of this section a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified, if—

(a)in a case within paragraph (b) of that subsection, it is given by the disciplinary authority referred to in that paragraph, or

(b)in a case within paragraph (c) of that subsection it is given by or on behalf of the Chief Constable of the Royal Ulster Constabulary, or such person or authority as may be designated for the purposes of this subsection by order of the Secretary of State.”.

61 Examination of handling of complaints against constables.S

After section 40 of the 1967 Act there shall be inserted—

“40A Examination of handling of complaints against constables.

(1)Where a member of the public has made a complaint to the chief constable of a police force against a constable of that force the inspectors of constabulary may, at the request of the member of the public, examine the manner in which the chief constable has dealt with the complaint.

(2)Where the inspectors of constabulary have carried out an examination under subsection (1) above, they shall report their findings to the person who made the complaint and send a copy of that report to the chief constable and to the constable against whom the complaint was made; and they may direct the chief constable to reconsider the complaint and may instruct him to have regard, in doing so, to such further information as may have become available (whether or not as a result of the examination) after he dealt with the complaint; but no such direction shall be given as respects so much of the complaint as has been, or is, the subject of proceedings against the constable by virtue of section 26(2A)(a) of this Act.

(3)On making a direction under subsection (2) above, the inspectors of constabulary shall notify the constable against whom the complaint was made and the person who made it that they have done so; and the outcome of any reconsideration carried out by virtue of that subsection shall be communicated forthwith to the inspectors of constabulary, who shall—

(a)report the outcome, and their own findings as regards the outcome, to that constable and to that person; and

(b)communicate those findings to the chief constable.

(4)Where an examination has been carried out under subsection (1) above—

(a)the Secretary of State may require the inspectors of constabulary to submit to him, and

(b)the police authority for the area for which the police force in question is maintained may require the inspectors of constabulary to submit to them,

a written report concerning that examination and a copy of any report under subsection (3)(a) above consequent on that examination.”.

62 Transmission of criminal statistics.S

In section 47 of the 1967 Act (criminal statistics)—

(a)in subsection (1), for the words “the year to 31st December last preceding" there shall be substituted the words “ such period as the Secretary of State may specify in the direction ”; and

(b)for subsection (2) there shall be substituted—

“(2)The Secretary of State shall prepare such reports as he considers appropriate from such statements as he receives by virtue of subsection (1) above; and he shall lay any such report before Parliament and send a copy of it to each police authority.”.

63 Other amendments of 1967 Act.S

(1)The 1967 Act shall be amended in accordance with this section.

(2)In section 6(2) (application of certain provisions of 1967 Act to constables below rank of assistant chief constable) the words “a deputy chief constable" shall be omitted.

(3)In section 7(3) (assignment of lower rank), for the words from “as to" to the end there shall be substituted the words “ made in accordance with section 26(2A) of this Act ”.

(4)In section 24 (effect of amalgamation scheme on constables engaged in service other than with their own force)—

(a)in subsection (1) for the words from “either" to “transferred force" there shall be substituted the words “ a person is engaged in relevant service within the meaning of section 38A of this Act ”;

(b)in subsection (2) for the word “overseas" in each of the three places where it occurs there shall be substituted the word “ relevant ”; and

(c)in subsection (3), the words from “and the expression" onwards shall be omitted.

(5)In section 31 (requirement for chief constable to retire in interests of efficiency)—

(a)in subsection (2)—

(i)for the words “a deputy or" there shall be substituted the word “ an ”; and

(ii)the words “or deputy" shall be omitted; and

(b)in subsection (4), the words “or deputy" shall be omitted.

(6)In section 32(1) (payment towards expenses of police authorities and joint police committees) after the words “19(6)" there shall be inserted the words “ , section 32A ”.

(7)In section 38—

(a)in subsection (3A), for the words “subsection (1) above" there shall be substituted the words “ section 38A(3) of this Act ”; and

(b)in subsection (5) (interpretation), in the definition of “central service" for the words “service as a staff officer to the inspectors of constabulary" there shall be substituted the words “ temporary service under section 34 of this Act ”.

(8)In section 42(1) (offence of causing disaffection amongst constables), the words “or to commit breaches of discipline" shall be omitted.

(9)In section 51 (interpretation)—

(a)in subsection (1), the definitions of “regular constable", “special constable" and “temporary constable" shall be omitted; and

(b)after subsection (3) there shall be inserted— “ (3A) Any reference in this Act to efficiency or to being efficient shall be construed, except where the context otherwise requires, as including, respectively, a reference to effectiveness or to being effective. ”.

(10)In Schedule 2 (transitory provisions for purposes of amalgamation schemes), paragraph 2 shall be omitted.

64 Delegation of functions of Scottish police authority.S

In section 63 of the M25Local Government (Scotland) Act 1973 (arrangements as to police authority functions etc.), after subsection (2) there shall be inserted—

“(2A)The officers who may discharge functions of a police authority in pursuance of arrangements under section 56(1) or (2) of this Act shall include the chief constable of the police force.

(2B)Where, pursuant to arrangements made by virtue of subsection (2A) above, a chief constable may discharge functions of a police authority, he may himself arrange for the discharge of any of the functions in question by a constable of the police force or by a person who is employed by the authority but is not under their direction and control.”.

65 Interpretation of Part II.S

In this Part of this Act “the 1967 Act” means the M26Police (Scotland) Act 1967.

Part IIIN.I. POLICE (NORTHERN IRELAND)

66 Regulations for administration, etc. of Royal Ulster Constabulary.N.I.

(1)Section 25 of the M27Police Act (Northern Ireland) 1970 (regulations for administration, etc. of Royal Ulster Constabulary) shall be amended as follows.

(2)Subsection (5) (Treasury concurrence required for certain regulations) shall be omitted.

(3)For subsections (6) and (7) there shall be substituted—

“(5A)In relation to any matter as to which provision may be made by regulations under this section (other than the matters mentioned in subsection (2)(e) and (f)), the regulations may—

(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Police Authority, the Chief Constable or other persons; or

(b)authorise or require the delegation by any person of functions conferred on him by or under the regulations.

(5B)Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.

(6)Where regulations under subsection (2)(a) vary the ranks held by members of the Royal Ulster Constabulary, the regulations may make consequential amendments to any statutory provision (including this Act) containing a reference to any rank held by a member of that Constabulary.”

67 Regulations for administration, etc. of reserve constables.N.I.

(1)Section 26 of the M28Police Act (Northern Ireland) 1970 (regulations for administration, etc. of reserve constables) shall be amended as follows.

(2)Subsection (3) (Treasury concurrence required for certain regulations) shall be omitted.

(3)At the end there shall be added—

“(4)In relation to any matter as to which provision may be made by regulations under this section (other than the matters mentioned in subsection (2)(cc) and (d)), the regulations may—

(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Police Authority, the Chief Constable or other persons; or

(b)authorise or require the delegation by any person of functions conferred on him by or under the regulations.”

68 Minor and consequential amendments.N.I.

(1)The Police Act (Northern Ireland) 1970 shall have effect subject to the following minor and consequential amendments.

(2)Section 10(5) (Treasury concurrence required for certain regulations relating to police cadets) shall be omitted.

(3)In section 34 (orders and regulations)—

(a)for subsection (1) there shall be substituted—

“(1)Regulations and orders under this Act (other than orders under section 4(3)) shall be subject to annulment in pursuance of a resolution of either House of Parliament and section 5 of the M29Statutory Instruments Act 1946 shall apply accordingly.”;

(b)after subsection (1) there shall be inserted—

“(1A)The following regulations shall not be made without the concurrence of the Treasury, namely—

(a)regulations under section 10 for regulating pensions;

(b)regulations under section 25 providing for any of the matters specified in subsection (2)(k) of that section;

(c)regulations under section 26 providing for the matter specified in subsection (2)(f) of that section.”;

(c)in subsection (3) for the words from “sections" to “reserve constables and" there shall be substituted the words “ section 10(4) (making provision with respect to allowances of ”.

(4)In section 35 (interpretation) in the definition of “senior officer" for the words from “means" onwards there shall be substituted the words “ means an officer above the rank of superintendent ”.

Part IVE+W MAGISTRATES’ COURT

Magistrates’ courts committeesE+W

69 Alteration of magistrates’ courts committee areas.E+W

(1)A magistrates’ courts committee may at any time submit to the Lord Chancellor written proposals—

(a)for the replacement of two or more magistrates’ courts committees (including the committee submitting the proposals) with a single magistrates’ courts committee or with two or more magistrates’ courts committees in relation to areas different from the existing magistrates’ courts committee areas, or

(b)for the replacement of the committee submitting the proposals with two or more magistrates’ courts committees.

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

(a)the magistrates for their area or any other existing magistrates’ courts committee area to which the proposal relates,

(b)any other magistrates’ courts committee to which the proposal relates, and

(c)every interested authority.

(3)Whether or not proposals have been submitted to him under subsection (1) above, the Lord Chancellor may by order made by statutory instrument provide—

(a)for the replacement of two or more magistrates’ courts committees with a single magistrates’ courts committee or with two or more magistrates’ courts committees relating to areas which are different from the existing magistrates’ courts committee areas, or

(b)for the replacement of a magistrates’ courts committee with two or more magistrates’ courts committees.

(4)The Lord Chancellor shall not make an order under subsection (3) above 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 the magistrates’ courts for the magistrates’ courts committee area or areas to which the order relates.

(5)Before making an order under subsection (3) above, other than an order which implements proposals submitted to him under subsection (1) above, the Lord Chancellor shall consult—

(a)the magistrates for each of the existing magistrates’ courts committee areas to which the order relates,

(b)the magistrates’ courts committees to which the proposal relates, and

(c)every interested authority.

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

(7)Where proposals under subsection (1) above or an order under subsection (3) above would (apart from this subsection) divide a petty sessions area between the areas of two or more magistrates’ courts committees, the proposals or order shall provide for a consequential alteration of petty sessions areas.

(8)An order under subsection (3) above 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 22 of the 1979 Act as a body corporate, and to incur liabilities, before the date on which the functions of any existing magistrates’ courts committee are transferred to it.

(9)A statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)In this section—

• “existing magistrates’ courts committee area” means a magistrates’ courts committee area existing by virtue of—

  (a)

  section 19(2) of the 1979 Act (as amended by section 79(4) of this Act),

  (b)

  an order made under section 19(3) of that Act before the commencement of this section, or

  (c)

  a previous order under subsection (3) above;

• “interested authority”, in relation to any proposal or order, means the council of every local authority whose area includes any of the existing magistrates’ courts committee areas to which the proposal or order relates, or part of any such area;

• “local authority” means any unitary authority or any county council so far as they are not a unitary authority; and

• “unitary authority” means—

  (a)

  the council of any county so far as they are the council for an area for which there are no district councils,

  (b)

  the council of any district comprised in an area for which there is no county council,

  (c)

  a county borough council,

  (d)

  a London borough council, or

  (e)

  the Common Council of the City of London.

(11)Any order made under subsection (3) of section 19 of the 1979 Act (power to establish a single magistrates’ courts committee for a joint committee area) before the commencement of this section shall continue to have effect notwithstanding the repeal of that subsection by this Act, but subject to any subsequent order under subsection (3) above.

(12)Until 1st April 1996, the definition of “unitary authority” in subsection (10) above shall have effect with the omission of paragraph (c).

70 Constitution of magistrates’ courts committees.E+W

For section 20 of the 1979 Act there shall be substituted—

“20 Constitution of magistrates’ courts committees.

(1)A magistrates’ courts committee shall, subject to subsections (2) to (4) below, be composed of magistrates for the area to which the committee relates, chosen in accordance with regulations under section 21 of this Act.

(2)Not more than two other members, who need not be justices of the peace, may be either—

(a)co-opted by a magistrates’ courts committee to the committee with the approval of the Lord Chancellor, or

(b)appointed by the Lord Chancellor to the committee.

(3)The chief metropolitan stipendiary magistrate shall by virtue of his office be a member of the inner London magistrates’ courts committee.

(4)Until such day as the Lord Chancellor may by order made by statutory instrument appoint, two members of the inner London magistrates’ courts committee shall be other metropolitan stipendiary magistrates appointed by the chief metropolitan stipendiary magistrate.

(5)In subsections (3) and (4) above “the inner London magistrates’ courts committee” means the magistrates’ courts committee for an area consisting of or including the whole of the inner London area or, if there is no such committee, every magistrates’ courts committee for any area which consists of or includes any part of the inner London area.”

71 Regulations as to constitution etc. of magistrates’ courts committees.E+W

(1)Section 21 of the 1979 Act (powers of Lord Chancellor in relation to magistrates’ courts committees) shall be amended as follows.

(2)After subsection (1) there shall be inserted—

“(1A)Any such regulations shall provide for the members referred to in section 20(1) of this Act to be chosen by a selection panel constituted in accordance with the regulations.”

(3)For subsection (2) there shall be substituted—

“(2)Any such regulations may—

(a)lay down an upper limit for the number of members of a magistrates’ courts committee (inclusive of the members referred to in subsections (2), (3) and (4) of section 20 of this Act), and

(b)enable the Lord Chancellor to direct that, in relation to any magistrates’ courts committee to which the direction is given, any members co-opted or appointed under subsection (2) of that section are to be left out of account in applying the upper limit.

(2A)Any such regulations may also make different provision in relation to the magistrates’ courts committees for areas which consist of or include the whole or any part of the inner London area from that made in relation to other committees.”

72 Supplementary provisions as to magistrates’ courts committees.E+W

(1)Section 22 of the 1979 Act (supplementary provisions as to magistrates’ courts committees) shall be amended in accordance with this section.

(2)For subsection (1) there shall be substituted—

“(1)Subject to subsection (1A) below, a magistrates’ courts committee shall appoint one of their members to be chairman of the committee.

(1A)Until such day as the Lord Chancellor may by order made by statutory instrument appoint, the chief metropolitan stipendiary magistrate shall by virtue of his office be the chairman of any magistrates’ courts committee for an area which consists of or includes the whole of the inner London area.”

(3)Subsection (2) shall be omitted.

(4)At the end of subsection (4) there shall be added the words “ which may, if they include at least one member of the committee, also include persons who are not members ”.

(5)After subsection (4) there shall be inserted—

“(4A)A magistrates’ courts committee may also arrange for the discharge of any of their functions—

(a)by the chairman of the committee, or

(b)by the justices’ chief executive.”

(6)At the end there shall be added—

“(8)A magistrates’ courts committee shall, on at least one occasion in every calendar year, admit members of the public to a meeting of the committee.

(9)The minutes of proceedings of every meeting of a magistrates’ courts committee shall be open to inspection by members of the public at the offices of the committee, except to the extent that the committee determine that the minutes disclose information of a confidential nature.

(10)Copies of any minutes which are open to inspection under subsection (9) above shall be made available to the public on payment of such reasonable fee as the magistrates’ courts committee may in any case determine.

(11)A magistrates’ courts committee making a determination under subsection (9) above shall state their reasons for regarding the information in question as being of a confidential nature.”

73 General powers and duties of magistrates’ courts committees.E+W

After section 22 of the 1979 Act there shall be inserted—

“22A General powers and duties of magistrates’ courts committees.

(1)A magistrates’ courts committee shall be responsible for the efficient and effective administration of the magistrates’ courts for their area.

(2)A magistrates’ courts committee may, in particular—

(a)allocate administrative responsibilities among the justices’ chief executive, the justices’ clerks and the staff of the committee, and

(b)determine the administrative procedures to be followed by any of the persons mentioned in paragraph (a) above.

(3)It shall be the duty of every magistrates’ courts committee to provide courses of instruction for justices’ clerks and for staff of the committee.

(4)The Lord Chancellor may give directions to magistrates’ courts committees requiring each of them, in discharging their responsibilities under subsection (1) above, to meet specified standards of performance.

(5)The Lord Chancellor may also give directions to magistrates’ courts committees requiring each of them to take specified steps, at such intervals as may be specified—

(a)for the purpose of keeping the magistrates for their area informed as to the activities of the committee, or

(b)for the purpose of ascertaining the views of those magistrates on particular matters related to the functions of the committee.

(6)In discharging their responsibilities under subsection (1) above, a magistrates’ courts committee shall have regard to the needs of court users who are disabled; and so long as any direction under subsection (4) above is in force the standards of performance required under that subsection must include standards relating to the provision made for such court users.

(7)A direction under this section may be given to all magistrates’ courts committees or to one or more particular committees.

(8)The Lord Chancellor shall arrange for any direction given under this section to be published in such manner as he thinks fit.”

74 Reports and plans.E+W

After section 24B of the 1979 Act there shall be inserted—

“24C Reports and plans.

(1)The Lord Chancellor may by regulations made by statutory instrument require magistrates’ courts committees to submit to him such reports and plans, in relation to matters for which they are responsible, as may be prescribed.

(2)Any report or plan required by regulations under this section—

(a)shall be prepared in the prescribed manner, after such consultation as may be prescribed, and within such time as may be prescribed,

(b)shall be in the prescribed form,

(c)shall be sent to such persons as may be prescribed, and

(d)shall be made available to the public on payment of such reasonable fee as the magistrates’ courts committee may in any case determine.

(3)The Lord Chancellor may direct any one or more magistrates’ courts committees to produce such additional reports or plans in relation to matters for which they are responsible as may be specified in the direction.”

Magistrates’ courts committeesE+W

69 Alteration of magistrates’ courts committee areas.E+W

(1)A magistrates’ courts committee may at any time submit to the Lord Chancellor written proposals—

(a)for the replacement of two or more magistrates’ courts committees (including the committee submitting the proposals) with a single magistrates’ courts committee or with two or more magistrates’ courts committees in relation to areas different from the existing magistrates’ courts committee areas, or

(b)for the replacement of the committee submitting the proposals with two or more magistrates’ courts committees.

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

(a)the magistrates for their area or any other existing magistrates’ courts committee area to which the proposal relates,

(b)any other magistrates’ courts committee to which the proposal relates, and

(c)every interested authority.

(3)Whether or not proposals have been submitted to him under subsection (1) above, the Lord Chancellor may by order made by statutory instrument provide—

(a)for the replacement of two or more magistrates’ courts committees with a single magistrates’ courts committee or with two or more magistrates’ courts committees relating to areas which are different from the existing magistrates’ courts committee areas, or

(b)for the replacement of a magistrates’ courts committee with two or more magistrates’ courts committees.

(4)The Lord Chancellor shall not make an order under subsection (3) above 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 the magistrates’ courts for the magistrates’ courts committee area or areas to which the order relates.

(5)Before making an order under subsection (3) above, other than an order which implements proposals submitted to him under subsection (1) above, the Lord Chancellor shall consult—

(a)the magistrates for each of the existing magistrates’ courts committee areas to which the order relates,

(b)the magistrates’ courts committees to which the proposal relates, and

(c)every interested authority.

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

(7)Where proposals under subsection (1) above or an order under subsection (3) above would (apart from this subsection) divide a petty sessions area between the areas of two or more magistrates’ courts committees, the proposals or order shall provide for a consequential alteration of petty sessions areas.

(8)An order under subsection (3) above 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 22 of the 1979 Act as a body corporate, and to incur liabilities, before the date on which the functions of any existing magistrates’ courts committee are transferred to it.

(9)A statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)In this section—

• “existing magistrates’ courts committee area” means a magistrates’ courts committee area existing by virtue of—

  (a)

  section 19(2) of the 1979 Act (as amended by section 79(4) of this Act),

  (b)

  an order made under section 19(3) of that Act before the commencement of this section, or

  (c)

  a previous order under subsection (3) above;

• “interested authority”, in relation to any proposal or order, means the council of every local authority whose area includes any of the existing magistrates’ courts committee areas to which the proposal or order relates, or part of any such area;

• “local authority” means any unitary authority or any county council so far as they are not a unitary authority; and

• “unitary authority” means—

  (a)

  the council of any county so far as they are the council for an area for which there are no district councils,

  (b)

  the council of any district comprised in an area for which there is no county council,

  (c)

  a county borough council,

  (d)

  a London borough council, or

  (e)

  the Common Council of the City of London.

(11)Any order made under subsection (3) of section 19 of the 1979 Act (power to establish a single magistrates’ courts committee for a joint committee area) before the commencement of this section shall continue to have effect notwithstanding the repeal of that subsection by this Act, but subject to any subsequent order under subsection (3) above.

(12)Until 1st April 1996, the definition of “unitary authority” in subsection (10) above shall have effect with the omission of paragraph (c).

70 Constitution of magistrates’ courts committees.E+W

For section 20 of the 1979 Act there shall be substituted—

“20 Constitution of magistrates’ courts committees.

(1)A magistrates’ courts committee shall, subject to subsections (2) to (4) below, be composed of magistrates for the area to which the committee relates, chosen in accordance with regulations under section 21 of this Act.

(2)Not more than two other members, who need not be justices of the peace, may be either—

(a)co-opted by a magistrates’ courts committee to the committee with the approval of the Lord Chancellor, or

(b)appointed by the Lord Chancellor to the committee.

(3)The chief metropolitan stipendiary magistrate shall by virtue of his office be a member of the inner London magistrates’ courts committee.

(4)Until such day as the Lord Chancellor may by order made by statutory instrument appoint, two members of the inner London magistrates’ courts committee shall be other metropolitan stipendiary magistrates appointed by the chief metropolitan stipendiary magistrate.

(5)In subsections (3) and (4) above “the inner London magistrates’ courts committee” means the magistrates’ courts committee for an area consisting of or including the whole of the inner London area or, if there is no such committee, every magistrates’ courts committee for any area which consists of or includes any part of the inner London area.”

71 Regulations as to constitution etc. of magistrates’ courts committees.E+W

(1)Section 21 of the 1979 Act (powers of Lord Chancellor in relation to magistrates’ courts committees) shall be amended as follows.

(2)After subsection (1) there shall be inserted—

“(1A)Any such regulations shall provide for the members referred to in section 20(1) of this Act to be chosen by a selection panel constituted in accordance with the regulations.”

(3)For subsection (2) there shall be substituted—

“(2)Any such regulations may—

(a)lay down an upper limit for the number of members of a magistrates’ courts committee (inclusive of the members referred to in subsections (2), (3) and (4) of section 20 of this Act), and

(b)enable the Lord Chancellor to direct that, in relation to any magistrates’ courts committee to which the direction is given, any members co-opted or appointed under subsection (2) of that section are to be left out of account in applying the upper limit.

(2A)Any such regulations may also make different provision in relation to the magistrates’ courts committees for areas which consist of or include the whole or any part of the inner London area from that made in relation to other committees.”

74 Reports and plans.E+W

After section 24B of the 1979 Act there shall be inserted—

“24C Reports and plans.

(1)The Lord Chancellor may by regulations made by statutory instrument require magistrates’ courts committees to submit to him such reports and plans, in relation to matters for which they are responsible, as may be prescribed.

(2)Any report or plan required by regulations under this section—

(a)shall be prepared in the prescribed manner, after such consultation as may be prescribed, and within such time as may be prescribed,

(b)shall be in the prescribed form,

(c)shall be sent to such persons as may be prescribed, and

(d)shall be made available to the public on payment of such reasonable fee as the magistrates’ courts committee may in any case determine.

(3)The Lord Chancellor may direct any one or more magistrates’ courts committees to produce such additional reports or plans in relation to matters for which they are responsible as may be specified in the direction.”

Justices’ chief executives, justices’ clerks and staffE+W

75 Appointment and functions of justices’ chief executive.E+W

After section 24C of the 1979 Act there shall be inserted—

“ Justices’ chief executives, justices’ clerks and staffE+W

24D Appointment of justices’ chief executive.

(1)Every magistrates’ courts committee shall appoint a justices’ chief executive.

(2)A person may not be appointed as justices’ chief executive unless—

(a)the magistrates’ courts committee have submitted to the Lord Chancellor, in accordance with regulations, an application for approval of one or more persons offering themselves for the appointment,

(b)the Lord Chancellor has approved one or more of those persons, and

(c)the person appointed is a person so approved.

(3)For the purposes of subsection (2) above, appointment as justices’ chief executive does not include, in relation to a person employed as such under a contract for a fixed term, re-appointment on the expiry of that term.

(4)Where the Lord Chancellor declines to approve any person who is named in an application under subsection (2)(a) above, he shall inform the magistrates’ courts committee of the reasons for his decision.

(5)A person may not be appointed as justices’ chief executive unless he is eligible under section 26 of this Act for appointment as justices’ clerk.

(6)A person may not be appointed both as justices’ chief executive and as justices’ clerk for a petty sessions area unless the Lord Chancellor has agreed that he may hold both appointments.

(7)Where, in accordance with subsection (6) above, a person holds an appointment as justices’ chief executive with an appointment as justices’ clerk for a petty sessions area, he shall not exercise any functions as justices’ clerk for the petty sessions area unless authorised to do so (either generally or in any particular case) by the magistrates’ courts committee for the area which includes that petty sessions area.

(8)In this section “regulations” means regulations made by the Lord Chancellor by statutory instrument.

24E Functions of justices’ chief executive.

(1)The justices’ chief executive in relation to any magistrates’ courts committee shall—

(a)act as clerk to the committee, and

(b)subject to and in accordance with any directions given by the committee, carry on the day to day administration of the magistrates’ courts for the area to which the committee relates.

(2)A justices’ chief executive may arrange for his functions under subsection (1)(a) above to be exercised by any member of the staff of the magistrates’ courts committee.

(3)It shall be the duty of the justices’ chief executive to make arrangements for discussions relating to law, practice and procedure among the justices’ clerks for petty sessions areas within the area of the committee.”

76 Appointment and removal of justices’ clerks.E+W

For section 25 of the 1979 Act (and the heading “Justices’ clerks and their staffs" immediately preceding it) there shall be substituted—

“25 Appointment and removal of justices’ clerks.

(1)Justices’ clerks shall be appointed by the magistrates’ courts committee; and a magistrates’ courts committee may appoint more than one justices’ clerk for any petty sessions area.

(2)A person may not be appointed as justices’ clerk unless—

(a)the magistrates’ courts committee have submitted to the Lord Chancellor, in accordance with regulations, an application for approval of one or more persons offering themselves for the appointment,

(b)the Lord Chancellor has approved one or more of those persons, and

(c)the person appointed is a person so approved.

(3)For the purposes of subsection (2) above, appointment as justices’ clerk does not include, in relation to a person employed as such under a contract for a fixed term, re-appointment on the expiry of that term.

(4)Where the Lord Chancellor declines to approve any person who is named in an application under subsection (2)(a) above, he shall inform the magistrates’ courts committee of the reasons for his decision.

(5)The approval of the Lord Chancellor shall be required—

(a)for any decision to increase the number of justices’ clerks in a petty sessions area or to have more than one justices’ clerk in a new petty sessions area, or

(b)for the removal of the justices’ clerk for a petty sessions area where the magistrates for the area do not consent to the removal.

(6)A magistrates’ courts committee shall consult the magistrates for any petty sessions area—

(a)on the appointment of a justices’ clerk for the area, except in the case of a re-appointment on the expiry of a fixed term, or

(b)on the removal of a justices’ clerk for the area.

(7)Before—

(a)approving any persons under subsection (2) above, or

(b)approving the removal of a justices’ clerk,

the Lord Chancellor shall consider any representations made to him by the magistrates for the petty sessions area concerned; and before approving the removal of a justices’ clerk the Lord Chancellor shall also consider any representations made to him by the clerk.

(8)For the purposes of subsections (5) to (7) above, removal as justices’ clerk shall be taken to include, in relation to a person employed as such under a contract for a fixed term, the expiry of that term without renewal in any case where the clerk has not consented to the failure to renew.

(9)In this section “regulations” means regulations made by the Lord Chancellor by statutory instrument.”

77 Justices’ chief executives and justices’ clerks to be employed under contracts of service.E+W

After section 26 of the 1979 Act there shall be inserted—

“26A Justices’ chief executives and justices’ clerks to be employed under contracts of service.

(1)Except as provided by this Act, a justices’ chief executive or justices’ clerk—

(a)shall be employed by the magistrates’ courts committee, on such terms as they may determine, and

(b)shall hold and vacate office in accordance with the terms of his contract of service.

(2)Subsection (1) above shall not have effect in relation to any person appointed by a magistrates’ courts committee before the commencement of this section 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 after the commencement of this section.

(3)Any justices’ clerk in relation to whom, by virtue of subsection (2) above, subsection (1) above does not have effect shall hold office during the pleasure of the magistrates’ courts committee concerned.”

78 Independence of justices’ clerk and staff in relation to legal functions.E+W

After section 30 of the 1979 Act there shall be inserted—

“30A Independence of justices’ clerk and staff in relation to legal functions.

(1)When exercising the functions specified in subsection (2) below or giving advice to justices of the peace in an individual case—

(a)a justices’ clerk shall not be subject to the direction of the magistrates’ courts committee, the justices’ chief executive or any other person, and

(b)any member of the staff of a magistrates’ courts committee shall not be subject to the direction of that committee or of the justices’ chief executive (when acting as such).

(2)The functions referred to in subsection (1) above are functions conferred by rules made in accordance with section 144 of the M30Magistrates’ Courts Act 1980 by virtue of section 28(1) or (1A) of this Act.”

Justices’ chief executives, justices’ clerks and staffE+W

78 Independence of justices’ clerk and staff in relation to legal functions.E+W

After section 30 of the 1979 Act there shall be inserted—

“30A Independence of justices’ clerk and staff in relation to legal functions.

(1)When exercising the functions specified in subsection (2) below or giving advice to justices of the peace in an individual case—

(a)a justices’ clerk shall not be subject to the direction of the magistrates’ courts committee, the justices’ chief executive or any other person, and

(b)any member of the staff of a magistrates’ courts committee shall not be subject to the direction of that committee or of the justices’ chief executive (when acting as such).

(2)The functions referred to in subsection (1) above are functions conferred by rules made in accordance with section 144 of the M30Magistrates’ Courts Act 1980 by virtue of section 28(1) or (1A) of this Act.”

Inner London areaE+W

79 Magistrates’ courts committee for inner London area.E+W

(1)Section 35 of the 1979 Act (under which the committee of magistrates for the inner London area is constituted) shall cease to have effect.

(2)The body corporate constituted under that section shall remain in existence, but as a magistrates’ courts committee for the inner London area constituted in accordance with Part II of the 1979 Act.

(3)Any reference in any document to the committee of magistrates shall have effect, in relation to any time after the commencement of subsection (2) above, as a reference to the magistrates’ courts committee for the inner London area.

(4)In section 19(2) of the 1979 Act (areas to which magistrates’ courts committees relate) for the word “and" at the end of paragraph (c) there shall be substituted the words—

“(cc)the inner London area; and”.

(5)Section 38(2) of the 1979 Act (which confers administrative functions on the chief metropolitan stipendiary magistrate) shall cease to have effect.

(6)Subsections (2) and (3) above have effect subject to any order made under section 69 of this Act after the commencement of subsection (2) above.

80 Organisation of justices’ clerks in inner London area.E+W

(1)Section 37 of the 1979 Act (which obliges the committee of magistrates for the inner London area to appoint a principal chief clerk and chief clerks, together with such senior deputy chief clerks, deputy chief clerks and other officers as may be necessary) shall cease to have effect.

(2)Any person who, immediately before the commencement of subsection (1) above, holds office as principal chief clerk for the inner London area shall be taken to have been appointed by the magistrates’ courts committee for the inner London area as justices’ chief executive in accordance with section 24D of the 1979 Act.

(3)Any person who, immediately before the commencement of subsection (1) above, holds office as chief clerk for any petty sessional division of the inner London area or for the youth courts or family proceedings courts for that area and the City of London shall be taken to have been appointed by the magistrates’ courts committee for the inner London area in accordance with section 25 of the 1979 Act as a justices’ clerk for that petty sessional division or, as the case requires, in accordance with section 34B of that Act as a justices’ clerk for those courts.

(4)Except as provided by subsections (5) to (7) of section 25 of the 1979 Act, any person to whom subsection (2) or (3) above applies shall hold and vacate office in accordance with the terms of his appointment or, if he has entered into a contract of service (whether before or after the commencement of subsection (1) above), in accordance with the terms of his contract of service.

(5)The abolition by virtue of subsection (1) above of the statutory offices of senior deputy chief clerk and deputy chief clerk shall not affect the continuation of the contract of service of any person who holds either of those offices immediately before the commencement of that subsection.

(6)A person who is employed under a contract of service to which subsection (5) above applies shall not be dismissed from his employment without the approval of the Lord Chancellor; and before approving the dismissal of any such person the Lord Chancellor shall consider any representations made by him.

(7)Any reference in any instrument or document to the chief clerk for any petty sessional division of the Inner London area or for the youth courts or family proceedings courts for that area and the City of London shall have effect, in relation to any time after the commencement of subsection (1) above, as a reference to the justices’ clerk for that petty sessional division or, as the case may be, for those courts.

81 Division of work in inner London area.E+W

After section 34 of the 1979 Act there shall be inserted—

“34A Division of work in inner London area.

(1)There shall be established for the purposes of this section a committee consisting of the following members—

(a)the chief metropolitan stipendiary magistrate,

(b)six lay justices appointed by the chairmen of the petty sessional divisions of the inner London area, and

(c)six metropolitan stipendiary magistrates appointed by the chief metropolitan stipendiary magistrate.

(2)The lay justices eligible for appointment under paragraph (b) of subsection (1) above include any of the chairmen referred to in that paragraph.

(3)The members of the committee shall hold office for a period of twelve months, but shall be eligible for re-appointment.

(4)The chief metropolitan stipendiary magistrate shall be the chairman of the committee.

(5)It shall be the duty of the committee—

(a)to keep under consideration the division of work in the inner London area between the metropolitan stipendiary magistrates and the lay justices, and

(b)to give general directions to any magistrates’ courts committee for any area which consists of or includes the whole or any part of the inner London area as to the division of the work.”

Administrative and financial arrangementsE+W

83 Administrative and financial arrangements for magistrates’ courts.E+W

(1)For sections 55 and 56 of the 1979 Act there shall be substituted—

“55 Duties of local authorities.

(1)Subject to the provisions of this Act, the paying authority or authorities in relation to any magistrates’ courts committee shall provide the petty sessional court-houses and other accommodation, and the goods and services, proper for the performance of the functions of—

(a)the magistrates for the magistrates’ courts committee area,

(b)the magistrates’ courts committee,

(c)any other committee of the magistrates for that area, or

(d)the justices’ clerks for any part of the magistrates’ courts committee area.

(2)Subsection (1) above shall not require the paying authority or authorities to provide any current item or class of current items if the magistrates’ courts committee have notified the authority or authorities that they intend to obtain that item or class of items otherwise than from that authority or any of those authorities.

(3)For the purposes of subsection (2) above “current item” means any goods or services which are of such a kind that expenditure incurred by a paying authority on providing them would not be capital expenditure.

(4)Where there is one paying authority in relation to a magistrates’ courts committee, that authority shall pay the expenses of the committee.

(5)Where there are two or more paying authorities in relation to a magistrates’ courts committee, each of those authorities shall pay a proper proportion of those expenses.

(6)For the purposes of subsections (4) and (5) above the expenses of a magistrates’ courts committee shall be taken to include—

(a)expenses incurred by them in obtaining goods and services which are proper for the purposes mentioned in subsection (1) above but which by virtue of subsection (2) above the paying authority or authorities are not required to provide;

(b)the sums payable under Part II of this Act on account of a person’s salary or expenses as justices’ chief executive or as justices’ clerk for any part of the magistrates’ courts committee area, the remuneration of any staff employed by the committee and the remuneration of any court security officers employed (whether by the committee or a paying authority) under section 76(2)(a) of the M35Criminal Justice Act 1991 in relation to petty sessions areas within the magistrates’ courts committee area together with—

(i)secondary Class I contributions payable in respect of any such person, staff or officers under Part I of the M36Social Security Contributions and Benefits Act 1992, and

(ii)state scheme premiums so payable under Chapter III of Part III of the M37Pension Schemes Act 1993;

(c)the sums payable under any contract entered into (whether by any such magistrates’ courts committee or a paying authority) under section 76(2)(b) of the M38Criminal Justice Act 1991; and

(d)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 justices for the magistrates’ courts committee area.

(7)Nothing in subsection (1), (4) or (5) above shall require any paying authority to incur any expenditure or make any payment which would—

(a)cause the net cost to it in any year of the matters mentioned in subsection (1) of section 59 of this Act to exceed the amount which, in relation to that authority and that year, is for the time being determined by the Lord Chancellor under subsection (3)(b) of that section, or

(b)cause its capital expenditure in any year in pursuance of functions under this Part of this Act to exceed the amount which, in relation to that authority and that year, is for the time being determined by the Lord Chancellor under subsection (4)(b) of that section;

and in determining any such net cost as is mentioned in paragraph (a) above there shall be disregarded any such capital expenditure as is mentioned in paragraph (b) above.

(8)Subject to section 16(2) of this Act, any accommodation provided under this section 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 deemed to be in that area for the purposes of the jurisdiction of the justices when acting in the court-house.

(9)Two or more paying authorities may arrange for accommodation, goods or services 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.

(10)In this section—

• “paying authority” in relation to a magistrates’ courts committee, means any responsible authority whose area comprises all or part of the area to which the committee relates;

• “responsible authority” means any unitary authority or any county council so far as they are not a unitary authority; and

• “unitary authority” means—

  (a)

  the council of any county so far as they are the council for an area for which there are no district councils,

  (b)

  the council of any district comprised in an area for which there is no county council,

  (c)

  a county borough council,

  (d)

  a London borough council, or

  (e)

  the Common Council of the City of London.

(11)Until 1st April 1996, the definition of “unitary authority” in subsection (10) above shall have effect with the omission of paragraph (c).

56 Provisions supplementary to s. 55.

(1)Subject to the provisions of this section—

(a)the petty sessional court-houses and other accommodation, goods and services to be provided by the paying authority, or each of the paying authorities, under section 55 of this Act,

(b)the salary to be paid to a justices’ clerk or justices’ chief executive and to staff of a magistrates’ courts committee, 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,

shall be such as may from time to time be determined by the magistrates’ courts committee after consultation with the paying authority or authorities.

(2)Where the expenses of a magistrates’ courts committee (including any sums which are taken by section 55(6) of this Act to be such expenses) fall to be borne by more than one paying authority, any question as to the manner in which they are to be borne by the authorities concerned shall be determined by agreement between those authorities and the magistrates’ courts committee concerned or, in default of such agreement, shall be determined by the Lord Chancellor.

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

(4)The approval of the Lord Chancellor shall be required for any determination under subsection (1) above reducing the salary of a justices’ clerk or justices’ chief executive, unless the justices’ clerk or justices’ chief executive concerned consents to the reduction.

(5)In this section “paying authority” has the same meaning as in section 55 of this Act.”

(2)Section 57 of the 1979 Act (application of sections 55 and 56 to outer London areas and City of London) and section 58 of that Act (arrangements for inner London area corresponding to those under section 55 of that Act) shall cease to have effect.

84 Local authority land appropriated to magistrates’ courts purposes.E+W

After section 59 of the 1979 Act there shall be inserted—

“59A Local authority land appropriated to magistrates’ courts purposes.

(1)Where after the commencement of this section a responsible authority appropriate any land owned by them to magistrates’ courts purposes, the authority shall be taken for the purposes of section 59(2) of this Act to incur, in the year in which the appropriation is made, capital expenditure in pursuance of their functions under this Part of this Act of an amount equal to the open market value of the land at the time of the appropriation.

(2)In subsection (1) above—

• “land” includes any interest in land,

• “magistrates’ courts purposes” means the purposes of being provided under section 55(1) of this Act as a petty sessional court-house or other accommodation, and

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

85 Regulations as to accounts and audit.E+W

After section 62 of the 1979 Act there shall be inserted—

“62A Regulations as to accounts and audit.

(1)The Lord Chancellor may by regulations made by statutory instrument require magistrates’ courts committees—

(a)to keep prescribed accounts and prescribed records in relation to those accounts, and

(b)to cause any such accounts to be audited in accordance with the regulations.

(2)In subsection (1) above “prescribed” means prescribed by the regulations.”

Administrative and financial arrangementsE+W

85 Regulations as to accounts and audit.E+W

After section 62 of the 1979 Act there shall be inserted—

“62A Regulations as to accounts and audit.

(1)The Lord Chancellor may by regulations made by statutory instrument require magistrates’ courts committees—

(a)to keep prescribed accounts and prescribed records in relation to those accounts, and

(b)to cause any such accounts to be audited in accordance with the regulations.

(2)In subsection (1) above “prescribed” means prescribed by the regulations.”

Inspectors of the magistrates’ courts serviceE+W

86 Inspectors of the magistrates’ courts service.E+W

(1)The Lord Chancellor may appoint such number of inspectors of the magistrates’ courts service (to be known collectively as “Her Majesty’s Magistrates’ Courts Service Inspectorate”) as he may consider appropriate.

(2)The Lord Chancellor shall appoint one of the persons so appointed to be Her Majesty’s Chief Inspector of the Magistrates’ Courts Service.

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

(a)to inspect and report to the Lord Chancellor on the organisation and administration of magistrates’ courts for each magistrates’ courts committee area, and

(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.

(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.

(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.

(6)Any person appointed by the Lord Chancellor before the commencement of this section as an inspector of the magistrates’ courts service, or as Her Majesty’s Chief Inspector of the Magistrates’ Courts Service, shall be taken to have been appointed under this section.

87 Powers of inspectors.E+W

(1)Subject to subsection (2) below, an inspector of the magistrates’ courts service exercising his functions under section 86 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.

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

(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.

Default powersE+W

88 Default powers.E+W

(1)The Lord Chancellor may make an order under subsection (3) below if he is of the opinion that, without reasonable excuse, a magistrates’ courts committee—

(a)are failing properly to discharge any duty imposed on them by or under any enactment, or

(b)have so failed and are likely to do so again.

(2)Before making an order under subsection (3) below, the Lord Chancellor shall give a written warning to the magistrates’ courts committee specifying the default or defaults to which the order relates.

(3)An order under this subsection shall—

(a)state that the Lord Chancellor is of the opinion mentioned in subsection (1) above, and

(b)provide either or both of the following—

(i)that, on the making of the order, the chairman of the committee is to vacate his office as chairman, or

(ii)that, on the making of the order, one or more specified members of the committee (who may include the chairman but may not consist of all the members of the committee) are to vacate their office.

(4)If, after making an order under subsection (3) above, the Lord Chancellor remains of the opinion mentioned in subsection (1) above, he may make an order—

(a)stating that he remains of that opinion, and

(b)providing—

(i)that all the members of the committee are to vacate their office on the making of the order, and

(ii)that for a specified period, not exceeding three months, beginning with the making of the order the committee is to consist of persons nominated by the Lord Chancellor (who need not be justices of the peace).

(5)An order under subsection (4) above shall provide for new members of the committee to be chosen, in accordance with regulations under section 21 of the 1979 Act, to take office at the end of the specified period.

(6)In relation to the magistrates’ courts committee for an area which consists of or includes the whole or any part of the inner London area, the reference in subsection (3)(b)(ii) above to members of the committee does not include the chief metropolitan stipendiary magistrate; and where an order under subsection (4) above is made in relation to any such committee, subsections (3) and (4) of section 20 of the 1979 Act (under which the chief metropolitan stipendiary magistrate and other stipendiary magistrates are members of the committee) shall not have effect in relation to the committee during the period specified in the order.

Studies by Audit CommissionE+W

89 Studies by Audit Commission.E+W

(1)The Audit Commission may, at the request of a magistrates’ courts committee, undertake or promote comparative and other studies—

(a)designed to enable the Commission to make recommendations for improving economy, efficiency and effectiveness in the performance of the committee’s functions, and

(b)for improving the financial or other management of the committee.

(2)Any magistrates’ courts committee which has requested a study in accordance with subsection (1) above, and any officer or member of such a committee, shall provide the Audit Commission, or any person authorised by it, with such information as it or he may reasonably require for the carrying out of the study.

(3)The Audit Commission shall charge the magistrates’ courts committee concerned such fees for any study carried out under subsection (1) above as will cover the full cost of carrying it out.

(4)In this section “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales.

GeneralE+W

90 Regulations under Justices of the Peace Act 1979.E+W

After section 69 of the 1979 Act there shall be inserted—

“69A Regulations.

A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of section 12, 21, 24C, 24D(2), 25(2) or 62A of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

91 Minor and consequential amendments.E+W

(1)Schedule 8 to this Act (which makes minor and consequential amendments relating to magistrates’ courts) shall have effect.

(2)The repeal of subsections (1), (2) and (4) of section 27 of the 1979 Act does not affect any justices’ clerks in relation to whom section 26A(1) of the 1979 Act does not have effect.

(3)The repeal of sections 36 and 36A of the 1979 Act does not affect the division of the inner London area into petty sessional divisions as existing immediately before the commencement of the repeal or the names of those petty sessional divisions.

92 Interpretation of Part IV.E+W

(1)In this Part of this Act “the 1979 Act” means the M39Justices of the Peace Act 1979.

(2)Expressions used in this Part of this Act and in the 1979 Act have the same meaning in this Part as in that Act.

Part IVE+W MAGISTRATES’ COURT

Magistrates’ courts committeesE+W

69 Alteration of magistrates’ courts committee areas.E+W

(1)A magistrates’ courts committee may at any time submit to the Lord Chancellor written proposals—

(a)for the replacement of two or more magistrates’ courts committees (including the committee submitting the proposals) with a single magistrates’ courts committee or with two or more magistrates’ courts committees in relation to areas different from the existing magistrates’ courts committee areas, or

(b)for the replacement of the committee submitting the proposals with two or more magistrates’ courts committees.

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

(a)the magistrates for their area or any other existing magistrates’ courts committee area to which the proposal relates,

(b)any other magistrates’ courts committee to which the proposal relates, and

(c)every interested authority.

(3)Whether or not proposals have been submitted to him under subsection (1) above, the Lord Chancellor may by order made by statutory instrument provide—

(a)for the replacement of two or more magistrates’ courts committees with a single magistrates’ courts committee or with two or more magistrates’ courts committees relating to areas which are different from the existing magistrates’ courts committee areas, or

(b)for the replacement of a magistrates’ courts committee with two or more magistrates’ courts committees.

(4)The Lord Chancellor shall not make an order under subsection (3) above 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 the magistrates’ courts for the magistrates’ courts committee area or areas to which the order relates.

(5)Before making an order under subsection (3) above, other than an order which implements proposals submitted to him under subsection (1) above, the Lord Chancellor shall consult—

(a)the magistrates for each of the existing magistrates’ courts committee areas to which the order relates,

(b)the magistrates’ courts committees to which the proposal relates, and

(c)every interested authority.

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

(7)Where proposals under subsection (1) above or an order under subsection (3) above would (apart from this subsection) divide a petty sessions area between the areas of two or more magistrates’ courts committees, the proposals or order shall provide for a consequential alteration of petty sessions areas.

(8)An order under subsection (3) above 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 22 of the 1979 Act as a body corporate, and to incur liabilities, before the date on which the functions of any existing magistrates’ courts committee are transferred to it.

(9)A statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)In this section—

• “existing magistrates’ courts committee area” means a magistrates’ courts committee area existing by virtue of—

  (a)

  section 19(2) of the 1979 Act (as amended by section 79(4) of this Act),

  (b)

  an order made under section 19(3) of that Act before the commencement of this section, or

  (c)

  a previous order under subsection (3) above;

• “interested authority”, in relation to any proposal or order, means the council of every local authority whose area includes any of the existing magistrates’ courts committee areas to which the proposal or order relates, or part of any such area;

• “local authority” means any unitary authority or any county council so far as they are not a unitary authority; and

• “unitary authority” means—

  (a)

  the council of any county so far as they are the council for an area for which there are no district councils,

  (b)

  the council of any district comprised in an area for which there is no county council,

  (c)

  a county borough council,

  (d)

  a London borough council, or

  (e)

  the Common Council of the City of London.

(11)Any order made under subsection (3) of section 19 of the 1979 Act (power to establish a single magistrates’ courts committee for a joint committee area) before the commencement of this section shall continue to have effect notwithstanding the repeal of that subsection by this Act, but subject to any subsequent order under subsection (3) above.

(12)Until 1st April 1996, the definition of “unitary authority” in subsection (10) above shall have effect with the omission of paragraph (c).

70 Constitution of magistrates’ courts committees.E+W

For section 20 of the 1979 Act there shall be substituted—

“20 Constitution of magistrates’ courts committees.

(1)A magistrates’ courts committee shall, subject to subsections (2) to (4) below, be composed of magistrates for the area to which the committee relates, chosen in accordance with regulations under section 21 of this Act.

(2)Not more than two other members, who need not be justices of the peace, may be either—

(a)co-opted by a magistrates’ courts committee to the committee with the approval of the Lord Chancellor, or

(b)appointed by the Lord Chancellor to the committee.

(3)The chief metropolitan stipendiary magistrate shall by virtue of his office be a member of the inner London magistrates’ courts committee.

(4)Until such day as the Lord Chancellor may by order made by statutory instrument appoint, two members of the inner London magistrates’ courts committee shall be other metropolitan stipendiary magistrates appointed by the chief metropolitan stipendiary magistrate.

(5)In subsections (3) and (4) above “the inner London magistrates’ courts committee” means the magistrates’ courts committee for an area consisting of or including the whole of the inner London area or, if there is no such committee, every magistrates’ courts committee for any area which consists of or includes any part of the inner London area.”

71 Regulations as to constitution etc. of magistrates’ courts committees.E+W

(1)Section 21 of the 1979 Act (powers of Lord Chancellor in relation to magistrates’ courts committees) shall be amended as follows.

(2)After subsection (1) there shall be inserted—

“(1A)Any such regulations shall provide for the members referred to in section 20(1) of this Act to be chosen by a selection panel constituted in accordance with the regulations.”

(3)For subsection (2) there shall be substituted—

“(2)Any such regulations may—

(a)lay down an upper limit for the number of members of a magistrates’ courts committee (inclusive of the members referred to in subsections (2), (3) and (4) of section 20 of this Act), and

(b)enable the Lord Chancellor to direct that, in relation to any magistrates’ courts committee to which the direction is given, any members co-opted or appointed under subsection (2) of that section are to be left out of account in applying the upper limit.

(2A)Any such regulations may also make different provision in relation to the magistrates’ courts committees for areas which consist of or include the whole or any part of the inner London area from that made in relation to other committees.”

72 Supplementary provisions as to magistrates’ courts committees.E+W

(1)Section 22 of the 1979 Act (supplementary provisions as to magistrates’ courts committees) shall be amended in accordance with this section.

(2)For subsection (1) there shall be substituted—

“(1)Subject to subsection (1A) below, a magistrates’ courts committee shall appoint one of their members to be chairman of the committee.

(1A)Until such day as the Lord Chancellor may by order made by statutory instrument appoint, the chief metropolitan stipendiary magistrate shall by virtue of his office be the chairman of any magistrates’ courts committee for an area which consists of or includes the whole of the inner London area.”

(3)Subsection (2) shall be omitted.

(4)At the end of subsection (4) there shall be added the words “ which may, if they include at least one member of the committee, also include persons who are not members ”.

(5)After subsection (4) there shall be inserted—

“(4A)A magistrates’ courts committee may also arrange for the discharge of any of their functions—

(a)by the chairman of the committee, or

(b)by the justices’ chief executive.”

(6)At the end there shall be added—

“(8)A magistrates’ courts committee shall, on at least one occasion in every calendar year, admit members of the public to a meeting of the committee.

(9)The minutes of proceedings of every meeting of a magistrates’ courts committee shall be open to inspection by members of the public at the offices of the committee, except to the extent that the committee determine that the minutes disclose information of a confidential nature.

(10)Copies of any minutes which are open to inspection under subsection (9) above shall be made available to the public on payment of such reasonable fee as the magistrates’ courts committee may in any case determine.

(11)A magistrates’ courts committee making a determination under subsection (9) above shall state their reasons for regarding the information in question as being of a confidential nature.”

73 General powers and duties of magistrates’ courts committees.E+W

After section 22 of the 1979 Act there shall be inserted—

“22A General powers and duties of magistrates’ courts committees.

(1)A magistrates’ courts committee shall be responsible for the efficient and effective administration of the magistrates’ courts for their area.

(2)A magistrates’ courts committee may, in particular—

(a)allocate administrative responsibilities among the justices’ chief executive, the justices’ clerks and the staff of the committee, and

(b)determine the administrative procedures to be followed by any of the persons mentioned in paragraph (a) above.

(3)It shall be the duty of every magistrates’ courts committee to provide courses of instruction for justices’ clerks and for staff of the committee.

(4)The Lord Chancellor may give directions to magistrates’ courts committees requiring each of them, in discharging their responsibilities under subsection (1) above, to meet specified standards of performance.

(5)The Lord Chancellor may also give directions to magistrates’ courts committees requiring each of them to take specified steps, at such intervals as may be specified—

(a)for the purpose of keeping the magistrates for their area informed as to the activities of the committee, or

(b)for the purpose of ascertaining the views of those magistrates on particular matters related to the functions of the committee.

(6)In discharging their responsibilities under subsection (1) above, a magistrates’ courts committee shall have regard to the needs of court users who are disabled; and so long as any direction under subsection (4) above is in force the standards of performance required under that subsection must include standards relating to the provision made for such court users.

(7)A direction under this section may be given to all magistrates’ courts committees or to one or more particular committees.

(8)The Lord Chancellor shall arrange for any direction given under this section to be published in such manner as he thinks fit.”

74 Reports and plans.E+W

After section 24B of the 1979 Act there shall be inserted—

“24C Reports and plans.

(1)The Lord Chancellor may by regulations made by statutory instrument require magistrates’ courts committees to submit to him such reports and plans, in relation to matters for which they are responsible, as may be prescribed.

(2)Any report or plan required by regulations under this section—

(a)shall be prepared in the prescribed manner, after such consultation as may be prescribed, and within such time as may be prescribed,

(b)shall be in the prescribed form,

(c)shall be sent to such persons as may be prescribed, and

(d)shall be made available to the public on payment of such reasonable fee as the magistrates’ courts committee may in any case determine.

(3)The Lord Chancellor may direct any one or more magistrates’ courts committees to produce such additional reports or plans in relation to matters for which they are responsible as may be specified in the direction.”

Justices’ chief executives, justices’ clerks and staffE+W

75 Appointment and functions of justices’ chief executive.E+W

After section 24C of the 1979 Act there shall be inserted—

“ Justices’ chief executives, justices’ clerks and staffE+W

24D Appointment of justices’ chief executive.

(1)Every magistrates’ courts committee shall appoint a justices’ chief executive.

(2)A person may not be appointed as justices’ chief executive unless—

(a)the magistrates’ courts committee have submitted to the Lord Chancellor, in accordance with regulations, an application for approval of one or more persons offering themselves for the appointment,

(b)the Lord Chancellor has approved one or more of those persons, and

(c)the person appointed is a person so approved.

(3)For the purposes of subsection (2) above, appointment as justices’ chief executive does not include, in relation to a person employed as such under a contract for a fixed term, re-appointment on the expiry of that term.

(4)Where the Lord Chancellor declines to approve any person who is named in an application under subsection (2)(a) above, he shall inform the magistrates’ courts committee of the reasons for his decision.

(5)A person may not be appointed as justices’ chief executive unless he is eligible under section 26 of this Act for appointment as justices’ clerk.

(6)A person may not be appointed both as justices’ chief executive and as justices’ clerk for a petty sessions area unless the Lord Chancellor has agreed that he may hold both appointments.

(7)Where, in accordance with subsection (6) above, a person holds an appointment as justices’ chief executive with an appointment as justices’ clerk for a petty sessions area, he shall not exercise any functions as justices’ clerk for the petty sessions area unless authorised to do so (either generally or in any particular case) by the magistrates’ courts committee for the area which includes that petty sessions area.

(8)In this section “regulations” means regulations made by the Lord Chancellor by statutory instrument.

24E Functions of justices’ chief executive.

(1)The justices’ chief executive in relation to any magistrates’ courts committee shall—

(a)act as clerk to the committee, and

(b)subject to and in accordance with any directions given by the committee, carry on the day to day administration of the magistrates’ courts for the area to which the committee relates.

(2)A justices’ chief executive may arrange for his functions under subsection (1)(a) above to be exercised by any member of the staff of the magistrates’ courts committee.

(3)It shall be the duty of the justices’ chief executive to make arrangements for discussions relating to law, practice and procedure among the justices’ clerks for petty sessions areas within the area of the committee.”

76 Appointment and removal of justices’ clerks.E+W

For section 25 of the 1979 Act (and the heading “Justices’ clerks and their staffs" immediately preceding it) there shall be substituted—

“25 Appointment and removal of justices’ clerks.

(1)Justices’ clerks shall be appointed by the magistrates’ courts committee; and a magistrates’ courts committee may appoint more than one justices’ clerk for any petty sessions area.

(2)A person may not be appointed as justices’ clerk unless—

(a)the magistrates’ courts committee have submitted to the Lord Chancellor, in accordance with regulations, an application for approval of one or more persons offering themselves for the appointment,

(b)the Lord Chancellor has approved one or more of those persons, and

(c)the person appointed is a person so approved.

(3)For the purposes of subsection (2) above, appointment as justices’ clerk does not include, in relation to a person employed as such under a contract for a fixed term, re-appointment on the expiry of that term.

(4)Where the Lord Chancellor declines to approve any person who is named in an application under subsection (2)(a) above, he shall inform the magistrates’ courts committee of the reasons for his decision.

(5)The approval of the Lord Chancellor shall be required—

(a)for any decision to increase the number of justices’ clerks in a petty sessions area or to have more than one justices’ clerk in a new petty sessions area, or

(b)for the removal of the justices’ clerk for a petty sessions area where the magistrates for the area do not consent to the removal.

(6)A magistrates’ courts committee shall consult the magistrates for any petty sessions area—

(a)on the appointment of a justices’ clerk for the area, except in the case of a re-appointment on the expiry of a fixed term, or

(b)on the removal of a justices’ clerk for the area.

(7)Before—

(a)approving any persons under subsection (2) above, or

(b)approving the removal of a justices’ clerk,

the Lord Chancellor shall consider any representations made to him by the magistrates for the petty sessions area concerned; and before approving the removal of a justices’ clerk the Lord Chancellor shall also consider any representations made to him by the clerk.

(8)For the purposes of subsections (5) to (7) above, removal as justices’ clerk shall be taken to include, in relation to a person employed as such under a contract for a fixed term, the expiry of that term without renewal in any case where the clerk has not consented to the failure to renew.

(9)In this section “regulations” means regulations made by the Lord Chancellor by statutory instrument.”

77 Justices’ chief executives and justices’ clerks to be employed under contracts of service.E+W

After section 26 of the 1979 Act there shall be inserted—

“26A Justices’ chief executives and justices’ clerks to be employed under contracts of service.

(1)Except as provided by this Act, a justices’ chief executive or justices’ clerk—

(a)shall be employed by the magistrates’ courts committee, on such terms as they may determine, and

(b)shall hold and vacate office in accordance with the terms of his contract of service.

(2)Subsection (1) above shall not have effect in relation to any person appointed by a magistrates’ courts committee before the commencement of this section 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 after the commencement of this section.

(3)Any justices’ clerk in relation to whom, by virtue of subsection (2) above, subsection (1) above does not have effect shall hold office during the pleasure of the magistrates’ courts committee concerned.”

78 Independence of justices’ clerk and staff in relation to legal functions.E+W

After section 30 of the 1979 Act there shall be inserted—

“30A Independence of justices’ clerk and staff in relation to legal functions.

(1)When exercising the functions specified in subsection (2) below or giving advice to justices of the peace in an individual case—

(a)a justices’ clerk shall not be subject to the direction of the magistrates’ courts committee, the justices’ chief executive or any other person, and

(b)any member of the staff of a magistrates’ courts committee shall not be subject to the direction of that committee or of the justices’ chief executive (when acting as such).

(2)The functions referred to in subsection (1) above are functions conferred by rules made in accordance with section 144 of the M30Magistrates’ Courts Act 1980 by virtue of section 28(1) or (1A) of this Act.”

Administrative and financial arrangementsE+W

83 Administrative and financial arrangements for magistrates’ courts.E+W

(1)For sections 55 and 56 of the 1979 Act there shall be substituted—

“55 Duties of local authorities.

(1)Subject to the provisions of this Act, the paying authority or authorities in relation to any magistrates’ courts committee shall provide the petty sessional court-houses and other accommodation, and the goods and services, proper for the performance of the functions of—

(a)the magistrates for the magistrates’ courts committee area,

(b)the magistrates’ courts committee,

(c)any other committee of the magistrates for that area, or

(d)the justices’ clerks for any part of the magistrates’ courts committee area.

(2)Subsection (1) above shall not require the paying authority or authorities to provide any current item or class of current items if the magistrates’ courts committee have notified the authority or authorities that they intend to obtain that item or class of items otherwise than from that authority or any of those authorities.

(3)For the purposes of subsection (2) above “current item” means any goods or services which are of such a kind that expenditure incurred by a paying authority on providing them would not be capital expenditure.

(4)Where there is one paying authority in relation to a magistrates’ courts committee, that authority shall pay the expenses of the committee.

(5)Where there are two or more paying authorities in relation to a magistrates’ courts committee, each of those authorities shall pay a proper proportion of those expenses.

(6)For the purposes of subsections (4) and (5) above the expenses of a magistrates’ courts committee shall be taken to include—

(a)expenses incurred by them in obtaining goods and services which are proper for the purposes mentioned in subsection (1) above but which by virtue of subsection (2) above the paying authority or authorities are not required to provide;

(b)the sums payable under Part II of this Act on account of a person’s salary or expenses as justices’ chief executive or as justices’ clerk for any part of the magistrates’ courts committee area, the remuneration of any staff employed by the committee and the remuneration of any court security officers employed (whether by the committee or a paying authority) under section 76(2)(a) of the M35Criminal Justice Act 1991 in relation to petty sessions areas within the magistrates’ courts committee area together with—

(i)secondary Class I contributions payable in respect of any such person, staff or officers under Part I of the M36Social Security Contributions and Benefits Act 1992, and

(ii)state scheme premiums so payable under Chapter III of Part III of the M37Pension Schemes Act 1993;

(c)the sums payable under any contract entered into (whether by any such magistrates’ courts committee or a paying authority) under section 76(2)(b) of the M38Criminal Justice Act 1991; and

(d)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 justices for the magistrates’ courts committee area.

(7)Nothing in subsection (1), (4) or (5) above shall require any paying authority to incur any expenditure or make any payment which would—

(a)cause the net cost to it in any year of the matters mentioned in subsection (1) of section 59 of this Act to exceed the amount which, in relation to that authority and that year, is for the time being determined by the Lord Chancellor under subsection (3)(b) of that section, or

(b)cause its capital expenditure in any year in pursuance of functions under this Part of this Act to exceed the amount which, in relation to that authority and that year, is for the time being determined by the Lord Chancellor under subsection (4)(b) of that section;

and in determining any such net cost as is mentioned in paragraph (a) above there shall be disregarded any such capital expenditure as is mentioned in paragraph (b) above.

(8)Subject to section 16(2) of this Act, any accommodation provided under this section 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 deemed to be in that area for the purposes of the jurisdiction of the justices when acting in the court-house.

(9)Two or more paying authorities may arrange for accommodation, goods or services 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.

(10)In this section—

• “paying authority” in relation to a magistrates’ courts committee, means any responsible authority whose area comprises all or part of the area to which the committee relates;

• “responsible authority” means any unitary authority or any county council so far as they are not a unitary authority; and

• “unitary authority” means—

  (a)

  the council of any county so far as they are the council for an area for which there are no district councils,

  (b)

  the council of any district comprised in an area for which there is no county council,

  (c)

  a county borough council,

  (d)

  a London borough council, or

  (e)

  the Common Council of the City of London.

(11)Until 1st April 1996, the definition of “unitary authority” in subsection (10) above shall have effect with the omission of paragraph (c).

56 Provisions supplementary to s. 55.

(1)Subject to the provisions of this section—

(a)the petty sessional court-houses and other accommodation, goods and services to be provided by the paying authority, or each of the paying authorities, under section 55 of this Act,

(b)the salary to be paid to a justices’ clerk or justices’ chief executive and to staff of a magistrates’ courts committee, 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,

shall be such as may from time to time be determined by the magistrates’ courts committee after consultation with the paying authority or authorities.

(2)Where the expenses of a magistrates’ courts committee (including any sums which are taken by section 55(6) of this Act to be such expenses) fall to be borne by more than one paying authority, any question as to the manner in which they are to be borne by the authorities concerned shall be determined by agreement between those authorities and the magistrates’ courts committee concerned or, in default of such agreement, shall be determined by the Lord Chancellor.

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

(4)The approval of the Lord Chancellor shall be required for any determination under subsection (1) above reducing the salary of a justices’ clerk or justices’ chief executive, unless the justices’ clerk or justices’ chief executive concerned consents to the reduction.

(5)In this section “paying authority” has the same meaning as in section 55 of this Act.”

(2)Section 57 of the 1979 Act (application of sections 55 and 56 to outer London areas and City of London) and section 58 of that Act (arrangements for inner London area corresponding to those under section 55 of that Act) shall cease to have effect.

84 Local authority land appropriated to magistrates’ courts purposes.E+W

After section 59 of the 1979 Act there shall be inserted—

“59A Local authority land appropriated to magistrates’ courts purposes.

(1)Where after the commencement of this section a responsible authority appropriate any land owned by them to magistrates’ courts purposes, the authority shall be taken for the purposes of section 59(2) of this Act to incur, in the year in which the appropriation is made, capital expenditure in pursuance of their functions under this Part of this Act of an amount equal to the open market value of the land at the time of the appropriation.

(2)In subsection (1) above—

• “land” includes any interest in land,

• “magistrates’ courts purposes” means the purposes of being provided under section 55(1) of this Act as a petty sessional court-house or other accommodation, and

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

85 Regulations as to accounts and audit.E+W

After section 62 of the 1979 Act there shall be inserted—

“62A Regulations as to accounts and audit.

(1)The Lord Chancellor may by regulations made by statutory instrument require magistrates’ courts committees—

(a)to keep prescribed accounts and prescribed records in relation to those accounts, and

(b)to cause any such accounts to be audited in accordance with the regulations.

(2)In subsection (1) above “prescribed” means prescribed by the regulations.”

Inspectors of the magistrates’ courts serviceE+W

86 Inspectors of the magistrates’ courts service.E+W

(1)The Lord Chancellor may appoint such number of inspectors of the magistrates’ courts service (to be known collectively as “Her Majesty’s Magistrates’ Courts Service Inspectorate”) as he may consider appropriate.

(2)The Lord Chancellor shall appoint one of the persons so appointed to be Her Majesty’s Chief Inspector of the Magistrates’ Courts Service.

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

(a)to inspect and report to the Lord Chancellor on the organisation and administration of magistrates’ courts for each magistrates’ courts committee area, and

(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.

(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.

(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.

(6)Any person appointed by the Lord Chancellor before the commencement of this section as an inspector of the magistrates’ courts service, or as Her Majesty’s Chief Inspector of the Magistrates’ Courts Service, shall be taken to have been appointed under this section.

87 Powers of inspectors.E+W

(1)Subject to subsection (2) below, an inspector of the magistrates’ courts service exercising his functions under section 86 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.

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

(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.

Default powersE+W

88 Default powers.E+W

(1)The Lord Chancellor may make an order under subsection (3) below if he is of the opinion that, without reasonable excuse, a magistrates’ courts committee—

(a)are failing properly to discharge any duty imposed on them by or under any enactment, or

(b)have so failed and are likely to do so again.

(2)Before making an order under subsection (3) below, the Lord Chancellor shall give a written warning to the magistrates’ courts committee specifying the default or defaults to which the order relates.

(3)An order under this subsection shall—

(a)state that the Lord Chancellor is of the opinion mentioned in subsection (1) above, and

(b)provide either or both of the following—

(i)that, on the making of the order, the chairman of the committee is to vacate his office as chairman, or

(ii)that, on the making of the order, one or more specified members of the committee (who may include the chairman but may not consist of all the members of the committee) are to vacate their office.

(4)If, after making an order under subsection (3) above, the Lord Chancellor remains of the opinion mentioned in subsection (1) above, he may make an order—

(a)stating that he remains of that opinion, and

(b)providing—

(i)that all the members of the committee are to vacate their office on the making of the order, and

(ii)that for a specified period, not exceeding three months, beginning with the making of the order the committee is to consist of persons nominated by the Lord Chancellor (who need not be justices of the peace).

(5)An order under subsection (4) above shall provide for new members of the committee to be chosen, in accordance with regulations under section 21 of the 1979 Act, to take office at the end of the specified period.

(6)In relation to the magistrates’ courts committee for an area which consists of or includes the whole or any part of the inner London area, the reference in subsection (3)(b)(ii) above to members of the committee does not include the chief metropolitan stipendiary magistrate; and where an order under subsection (4) above is made in relation to any such committee, subsections (3) and (4) of section 20 of the 1979 Act (under which the chief metropolitan stipendiary magistrate and other stipendiary magistrates are members of the committee) shall not have effect in relation to the committee during the period specified in the order.

Studies by Audit CommissionE+W

89 Studies by Audit Commission.E+W

(1)The Audit Commission may, at the request of a magistrates’ courts committee, undertake or promote comparative and other studies—

(a)designed to enable the Commission to make recommendations for improving economy, efficiency and effectiveness in the performance of the committee’s functions, and

(b)for improving the financial or other management of the committee.

(2)Any magistrates’ courts committee which has requested a study in accordance with subsection (1) above, and any officer or member of such a committee, shall provide the Audit Commission, or any person authorised by it, with such information as it or he may reasonably require for the carrying out of the study.

(3)The Audit Commission shall charge the magistrates’ courts committee concerned such fees for any study carried out under subsection (1) above as will cover the full cost of carrying it out.

(4)In this section “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales.

GeneralE+W

90 Regulations under Justices of the Peace Act 1979.E+W

After section 69 of the 1979 Act there shall be inserted—

“69A Regulations.

A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of section 12, 21, 24C, 24D(2), 25(2) or 62A of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

91 Minor and consequential amendments.E+W

(1)Schedule 8 to this Act (which makes minor and consequential amendments relating to magistrates’ courts) shall have effect.

(2)The repeal of subsections (1), (2) and (4) of section 27 of the 1979 Act does not affect any justices’ clerks in relation to whom section 26A(1) of the 1979 Act does not have effect.

(3)The repeal of sections 36 and 36A of the 1979 Act does not affect the division of the inner London area into petty sessional divisions as existing immediately before the commencement of the repeal or the names of those petty sessional divisions.

92 Interpretation of Part IV.E+W

(1)In this Part of this Act “the 1979 Act” means the M39Justices of the Peace Act 1979.

(2)Expressions used in this Part of this Act and in the 1979 Act have the same meaning in this Part as in that Act.

Part VU.K. Supplementary

93 Repeals.U.K.

The enactments mentioned in Schedule 9 to this Act (which include spent enactments) are hereby repealed to the extent specified in the third column of that Schedule.

94 Commencement and transitional provisions.U.K.

(1)Except as provided by subsections (2) and (3) below, the preceding sections of, and the Schedules to, this Act shall come into force on such day as the Secretary of State may by order appoint.

(2)The following provisions of this Act—

• Part IV and Schedule 8, and

• Part II of Schedule 9 and section 93 so far as it relates to that Part of that Schedule,

shall come into force on such day as the Lord Chancellor may by order appoint.

(3)The following provisions of this Act—

(a)section 3 and Schedule 2, so far as they relate to—

(i)the power to make orders under the section inserted by section 3, or

(ii)the power to make regulations under paragraph 11 of the Schedule entitled Schedule 1C set out in Schedule 2,

(b)sections 13 and 50,

(c)sections 26 and 60, subsections (4) and (7)(a) of section 63, and paragraphs 17 to 20 of Schedule 5, so far as they relate to service in accordance with arrangements made under section 15A(2) of the M40Police Act 1964 or section 12A(2) of the M41Police (Scotland) Act 1967, and

(d)section 44, so far as it relates to paragraphs 17 to 20 of Schedule 5,

shall come into force on the passing of this Act.

(4)An order under subsection (1) or (2) above may appoint different days for different purposes or different areas.

(5)The power to make orders under subsection (1) or (2) above includes power to make such transitional provisions and savings as appear to the Secretary of State or, as the case may be, the Lord Chancellor to be necessary or expedient.

(6)Without prejudice to the generality of subsection (5) above, an order under subsection (1) above may make provision—

(a)for the co-existence, for such period as may be prescribed by the order, of the police authorities to be established under section 3 of the M42Police Act 1964 (“the new police authorities") and the police authorities which they are to supersede (“the old police authorities"); for the division of functions between them; for the performance by the old police authorities, before the new police authorities come into existence, of functions prescribed by the order and for consequential and supplementary matters (including the modification of the application in relation to them of provisions of this or any other Act or of any instrument);

(b)for the transfer and apportionment of property, and for the transfer, apportionment and creation of rights and liabilities;

(c)for the transfer of members of police forces and other persons;

(d)as to pending legal proceedings;

(e)for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;

(f)as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (e) above.

(7)Without prejudice to the generality of subsection (5) above, an order under subsection (2) above may make provision—

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

(b)for the Lord Chancellor, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;

(c)as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (b) above.

(8)An order under this section shall be made by statutory instrument which, if the order contains provisions made by virtue of subsections (5) to (7) above, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F3695. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

96 Extent.U.K.

(1)The following provisions of this Act extend to England and Wales only—

• sections 1 to 41 together with Schedules 1 to 3;

• Part IV together with Schedule 8;

• Schedules 4 and 5 so far as they relate to enactments which extend to England and Wales only.

(2)Part II of, together with Schedule 6 to, this Act extends to Scotland only.

(3)The following provisions of this Act extend to Northern Ireland (and in the case of Part III to Northern Ireland only)—

• sections 43 and 44 together with Schedules 4 and 5 so far as they relate to enactments which extend there;

• Part III;

• Part V.

(4)The provisions of Schedule 9 to this Act have the same extent as the enactments repealed.

(5)Except as provided by subsections (3) and (4) above, this Act does not extend to Northern Ireland.

97 Short title.U.K.

This Act may be cited as the Police and Magistrates’ Courts Act 1994.

SCHEDULES

F37SCHEDULE 1E+W

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F38SCHEDULE 2E+W

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F39SCHEDULE 3E+W

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Section 43.

SCHEDULE 4U.K. APPLICATION TO POLICE AUTHORITIES OF ENACTMENTS RELATING TO LOCAL AUTHORITIES

Part IU.K. AMENDMENTS OF LOCAL GOVERNMENT ENACTMENTS

Local Government (Records) Act 1962U.K.

1U.K.In section 2 of the M43Local Government (Records) Act 1962 (acquisition and deposit of records), in subsection (6) after the words “City of London," there shall be inserted the words “ to a police authority established under section 3 of the M44Police Act 1964, ”.

2U.K.In section 8 of that Act (interpretation), in subsection (1), in the definition of “local authority" after the words “City of London" there shall be inserted the words “ , a police authority established under section 3 of the M45Police Act 1964, ”.

Local Government Act 1966U.K.

3U.K.In section 11 of the M46Local Government Act 1966 (grants for expenditure due to ethnic minority population), in subsection (2) after the words “apply to" there shall be inserted the words “ a police authority established under section 3 of the M47Police Act 1964 and ”.

Local Government Grants (Social Need) Act 1969U.K.

4U.K.In section 1 of the M48Local Government Grants (Social Need) Act 1969 (provision for grants), in subsection (3) after the word “include" there shall be inserted the words “ a police authority established under section 3 of the M49Police Act 1964 and ”.

Local Authorities (Goods and Services) Act 1970U.K.

5U.K.In section 1 of the M50Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities), in subsection (4), in the definition of “public body" after the words “local authority" there shall be inserted the words “ , any police authority established under section 3 of the M51Police Act 1964, any ”.

Local Government Act 1972U.K.

F406E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7U.K.In section 98 of that Act, in subsection (1A) (application to joint authorities of provisions about members’ interests) after the words “joint authority" there shall be inserted the words “ and a police authority established under section 3 of the M52Police Act 1964 ”.

8U.K.In section 99 of that Act (meetings and proceedings of local authorities) after the words “joint authorities," there shall be inserted the words “ police authorities established under section 3 of the M53Police Act 1964 ”.

9(1)Section 100J of that Act (application to joint authorities etc. of provisions relating to access to meetings and documents) shall be amended as follows.U.K.

(2)For subsection (1)(e) there shall be substituted—

“(e)a police authority established under section 3 of the M54Police Act 1964;”.

(3)In subsection (4), in paragraph (a)—

(a)for the words “combined police authority" there shall be substituted the words “ police authority established under section 3 of the M55Police Act 1964 ”, and

(b)for the word “which" there shall be substituted the words “ or other person that ”.

10(1)Section 107 of that Act (application to police authorities of provisions relating to the discharge of functions by local authorities) shall be amended as follows.U.K.

(2)In subsection (1)—

(a)the words “104 and" shall be omitted, and

(b)after the words “those sections" there shall be inserted the words “ and section 104 ”.

(3)In subsection (3) for the words “for the purposes of" there shall be substituted the word “ by ”.

(4)After subsection (3) there shall be inserted—

“(3A)Where pursuant to arrangements made by virtue of subsection (3) above—

(a)a chief officer of police, or

(b)the deputy of a chief officer of police,

may discharge functions of a police authority, he may himself arrange for the discharge of any of those functions by a member of the police force or by a person who is employed by the authority but is not under the authority’s direction and control.”

(5)In subsection (8) for the words “for the purposes of" there shall be substituted the word “ by ”.

(6)Subsections (9) and (10) shall be omitted.

11(1)Section 146A of that Act (application to police authorities of miscellaneous powers of local authorities) shall be amended as follows.U.K.

(2)In subsection (1)—

(a)at the beginning there shall be inserted the words “ Subject to subsection (1A) below, ”, and

(b)after the words “joint authority" there shall be inserted the words “ and a police authority established under section 3 of the M56Police Act 1964 ”.

(3)After subsection (1) there shall be inserted—

“(1A)A police authority established under section 3 of the M57Police Act 1964 shall not be treated—

(a)as a local authority for the purposes of section 112, 139, 140A or 140C above, or

(b)as a principal council for the purposes of section 122 above.”

12U.K.In section 223 of that Act (appearance of local authorities in legal proceedings), in subsection (2) after the words “joint authority" there shall be inserted the words “ , a police authority established under section 3 of the M58Police Act 1964 ”.

13U.K.In section 228 of that Act (inspection of documents), in subsection (7A) after the words “joint authority" there shall be inserted the words “ or a police authority established under section 3 of the M59Police Act 1964 ”.

14U.K.The words “and a police authority established under section 3 of the M60Police Act 1964” shall be inserted after the words “joint authority”—

(a)in section 229 of that Act (photographic copies of documents), in subsection (8);

(b)in section 231 of that Act (service of notices on local authorities, etc.), in subsection (4);

(c)in section 232 of that Act (public notices), in subsection (1A);

(d)in section 233 of that Act (service of notices by local authorities), in subsection (11); and

(e)in section 234 of that Act (authentication of documents), in subsection (4).

15(1)Schedule 12 to that Act (meetings and proceedings of local authorities) shall be amended as follows.U.K.

(2)In sub-paragraph (1) of paragraph 6A after the words “joint authority", there shall be inserted the words “ or a police authority established under section 3 of the M61Police Act 1964 ”.

(3)In paragraph 6B—

(a)after the word “that" there shall be inserted “ (a) ”, and

(b)for the words “members in the case of a joint authority" there shall be substituted the words “, and

(b)in the case of a police authority established under section 3 of the M62Police Act 1964, sub-paragraphs (2) and (3) of paragraph 5 shall not apply and if the chairman is absent from a meeting of such an authority another member chosen by the members of the authority present shall preside.”

(4)In paragraph 46, after the words “joint authority" there shall be inserted the words “ and a police authority established under section 3 of the M63Police Act 1964 ”.

Local Government Act 1974U.K.

16U.K.In section 25 of the M64Local Government Act 1974 (authorities subject to investigation by Commission for Local Administration), in subsection (1) for paragraph (ca) there shall be substituted—

“(ca)any police authority established under section 3 of the M65Police Act 1964;”.

Local Government (Miscellaneous Provisions) Act 1976U.K.

17U.K.In section 30 of the M66Local Government (Miscellaneous Provisions) Act 1976 (power to forgo repayment of remuneration paid to deceased employees), for subsection (3) (police authorities to be treated as local authorities and police officers to be treated as their employees) there shall be substituted—

“(3)For the purposes of this section a member of a police force which is maintained by a police authority (other than the Secretary of State) shall be treated as employed by the authority and references to employment shall be construed accordingly.”

18U.K.In section 44 of that Act (interpretation), in subsection (1), in paragraph (a) of the definition of “local authority" after the words “of this Act," there shall be inserted the words “ a police authority established under section 3 of the M67Police Act 1964 and ”.

Local Government, Planning and Land Act 1980U.K.

19U.K.In section 2 of the M68Local Government, Planning and Land Act 1980 (duty of authorities to publish information), in subsection (1)—

(a)in paragraph (j) the words from “a police committee" to “in Scotland", and

(b)in paragraph (k) the words from “a combined" to “in Scotland",

shall be omitted.

20U.K.In section 20 of that Act (interpretation of provisions relating to direct labour organisations), in subsection (1), in paragraph (a)(i) of the definition of “local authority" after the words “borough council," there shall be inserted the words “ a police authority established under section 3 of the M69Police Act 1964 ”.

21U.K.In section 99 of that Act (directions to dispose of land), in subsection (4) after paragraph (db) there shall be inserted—

“(dc)a police authority established under section 3 of the M70Police Act 1964;”.

22U.K.In Schedule 16 to that Act (bodies to whom provisions of Part X relating to registration of land apply) after paragraph 5B there shall be inserted—

“5CA police authority established under section 3 of the M71Police Act 1964.”

Local Government (Miscellaneous Provisions) Act 1982U.K.

23U.K.In section 33 of the M72Local Government (Miscellaneous Provisions) Act 1982 (enforceability by local authorities of certain covenants relating to land), in subsection (9)(a) after the words “Residuary Body" there shall be inserted the words “ , a police authority established under section 3 of the M73Police Act 1964 ”.

24U.K.In section 41 of that Act (lost and uncollected property), in subsection (13), in the definition of “local authority" after paragraph (c) there shall be inserted—

“(ca)a police authority established under section 3 of the M74Police Act 1964; and”.

Local Government Finance Act 1982U.K.

25In section 12 of the M75Local Government Finance Act 1982 (accounts subject to audit), in subsection (2) for paragraph (g) there shall be substituted—

“(g)a police authority established under section 3 of the M76Police Act 1964;”.

26In section 19 of that Act (declaration that item of account is unlawful), in subsection (7) at the end there shall be added the words “ and a police authority established under section 3 of the M77Police Act 1964 ”.

27In section 20 of that Act (recovery of amount not accounted for etc.), in subsection (10) at the end there shall be added the words “ and a police authority established under section 3 of the M78Police Act 1964 ”.

28After section 28A of that Act there shall be inserted—

“28B Delivery of documents relating to police authorities to Secretary of State.

“28B(1)The Commission shall send to the Secretary of State a copy of any report of which a copy is sent to the Commission under section 18(4) above and which relates to a police authority established under section 3 of the M79Police Act 1964.

(2)If it appears to the Commission appropriate to do so, it may send to the Secretary of State a copy of any document—

(a)which relates to one or more police authorities established under section 3 of the Police Act 1964, and

(b)which has been sent (or a copy of which has been sent) by the Commission to a police authority established under that section.”

Local Government Act 1986U.K.

29U.K.In section 6 of the M80Local Government Act 1986 (interpretation of provisions relating to publicity and promotion of homosexuality), in subsection (2)(a) after the entry relating to the Broads Authority there shall be inserted—

“a police authority established under section 3 of the M81Police Act 1964,”.

30U.K.In section 9 of that Act (interpretation of provisions relating to the transfer of mortgages), in subsection (1)(a) after the entry relating to the Common Council there shall be inserted—

“a police authority established under section 3 of the M82Police Act 1964,”.

Local Government Act 1988U.K.

31U.K.In section 1 of the M83Local Government Act 1988 (defined authorities for provisions on competition), in subsection (1) for paragraph (e) there shall be substituted—

“(e)a police authority established under section 3 of the M84Police Act 1964,”.

32U.K.In Schedule 2 to that Act, in the list of public authorities to which provisions on public supply or works contracts apply, for the entry relating to police authorities there shall be substituted— “ A police authority established under section 3 of the M85Police Act 1964. ”

Local Government Finance Act 1988U.K.

33U.K.In section 112 of the M86Local Government Finance Act 1988 (financial administration as to combined police and fire authorities), in subsection (2) for paragraph (a) there shall be substituted—

“(a)any police authority established under section 3 of the M87Police Act 1964, and”.

34U.K.In section 114 of that Act (functions of the chief finance officer as regards reports), in subsection (2), for the words “or officer of the authority" there shall be inserted the words “ of the authority, a person holding any office or employment under the authority, a member of a police force maintained by the authority, ”.

Local Government and Housing Act 1989U.K.

35U.K.In section 5 of the M88Local Government and Housing Act 1989 (designation and reports of monitoring officer)—

(a)in subsection (1), after the words “paid service" there shall be inserted the words “ (or, in the case of a police authority established under section 3 of the Police Act 1964, the clerk to the authority) ”;

(b)in subsection (2), for the words “sub-committee or officer of the authority", in both places where they occur, there shall be substituted the words “ or sub-committee of the authority, by any person holding any office or employment under the authority ”; and

(c)in subsection (3), for the words “head of the authority’s paid service" there shall be substituted the words “ person who is for the time being designated as the head of the authority’s paid service under section 4 above ”.

36U.K.In section 13 of that Act (voting rights of members of certain committees who are not members of the relevant local authority)—

(a)in subsection (4)(h) for the words “paragraphs (a) to (g)" there shall be substituted the words “ paragraphs (b) to (g) ”, and

(b)in subsection (9) for the words “paragraphs (a) to (j)" there shall be substituted the words “ paragraphs (a) to (f) or (h) to (j) ”.

37U.K.In section 18 of that Act (allowances for local authority members), in subsection (5)(a) for the words “paragraphs (d) and (j)" there shall be substituted the words “ paragraphs (d), (g) and (j) ”.

38E+W+SIn section 21 of that Act, in subsection (1) (definition of local authority for purposes of various provisions relating to their members, officers, staff and committees etc.) for paragraph (g) there shall be substituted—

“(g)a police authority established under section 3 of the M89Police Act 1964;”.

39U.K.In section 67 of that Act (application of provisions relating to companies in which local authorities have interests), in subsection (3) (definition of local authority) for paragraph (i) there shall be substituted—

“(i)a police authority established under section 3 of the M90Police Act 1964;”.

40In section 101 of that Act (housing grants for improvements and repairs), in subsection (3) (bodies ineligible to apply for grants) after paragraph (e) there shall be inserted—

“(ea)a police authority established under section 3 of the M91Police Act 1964;”.

41U.K.In section 152 of that Act (interpretation etc. of provision relating to power of local authorities to impose charges) subsections (1)(f) and (2)(g) shall be omitted.

42U.K.In section 155 of that Act (emergency assistance to local authorities), after subsection (4)(e) there shall be inserted—

“(ea)a police authority established under section 3 of the M92Police Act 1964;”.

43U.K.In section 157 of that Act (commutation of, and interest on, periodic payments of grants etc.), in subsection (6) for paragraph (g) there shall be substituted—

“(g)a police authority established under section 3 of the M93Police Act 1964;”.

44U.K.In Schedule 1 to that Act (political balance on local authority committees etc.)—

(a)in paragraph 2(1)(a) for the words “paragraphs (f) to (j)" there shall be substituted the words “ paragraphs (f) or (h) to (j) ”, and

(b)in paragraph 4(1), in paragraph (a) of the definition of “relevant authority" for the words “paragraphs (a) to (c) or (f) to (j)" there shall be substituted the words “ paragraphs (a) to (c), (f) or (h) to (j) ”.

Local Government Finance Act 1992U.K.

45U.K.In section 19 of the M94Local Government Finance Act 1992 (exclusion of Crown exemption in certain cases), in subsection (3) for paragraph (c) there shall be substituted—

“(c)a police authority established under section 3 of the M95Police Act 1964; and”.

Part IIU.K. AMENDMENTS OF OTHER ENACTMENTS

Trustee Investments Act 1961U.K.

46U.K.In section 11 of the M96Trustee Investments Act 1961 (local authority investment schemes), in subsection (4)(a) after the words “the Broads Authority" there shall be inserted the words “ , a police authority established under section 3 of the M97Police Act 1964 ”.

47U.K.In Part II of Schedule 1 to that Act (list of narrower-range investments requiring advice), in paragraph 9, in sub-paragraph (d) for the words “a combined police authority" onwards there shall be substituted the words “ a police authority established under section 3 of the M98Police Act 1964; ”.

Leasehold Reform Act 1967U.K.

48U.K.In section 28 of the M99Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), in subsection (5), in paragraph (a) for the words “any combined police authority" onwards there shall be substituted the words “ any police authority established under section 3 of the M100Police Act 1964; and ”.

Post Office Act 1969U.K.

49In section 7 of the M101Post Office Act 1969 (powers of the Post Office) after subsection (1) there shall be inserted—

“(1AA)In subsection (1)(e) above, “local authority” includes a police authority established under section 3 of the M102Police Act 1964.”

Employment Agencies Act 1973U.K.

50U.K.In section 13 of the M103Employment Agencies Act 1973, in subsection (7) (cases in which Act is not to apply), in paragraph (f) after the words “local authority" there shall be inserted the words “ , a police authority established under section 3 of the M104Police Act 1964 ”.

Race Relations Act 1976U.K.

51In section 71 of the M105Race Relations Act 1976 (local authorities: general statutory duty) after the word “includes" there shall be inserted the words “ a police authority established under section 3 of the M106Police Act 1964 and ”.

Rent (Agriculture) Act 1976U.K.

52U.K.In section 5 of the M107Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or to local authority, etc.), in subsection (3) after paragraph (b) there shall be inserted—

“(baa)a police authority established under section 3 of the M108Police Act 1964;”.

Rent Act 1977U.K.

53U.K.In section 14 of the M109Rent Act 1977 (landlord’s interest belonging to local authority, etc.) after paragraph (c) there shall be inserted—

“(caa)a police authority established under section 3 of the M110Police Act 1964;”

Justices of the Peace Act 1979U.K.

54In section 64 of the Justices of the M111Peace Act 1979 (disqualification in certain cases of justices who are members of local authorities), in subsection (6) (definition of local authority) for the word “and" (in the first place where it occurs) there shall be substituted the words “ a police authority established under section 3 of the M112Police Act 1964, ”.

Acquisition of Land Act 1981U.K.

55U.K.In section 17 of the M113Acquisition of Land Act 1981 (compulsory purchase of local authority and statutory undertakers’ land), in subsection (4), in the definition (for the purposes of subsection (3)) of “local authority”—

(a)in paragraph (a) after the words “City of London" there shall be inserted the words “ , a police authority established under section 3 of the M114Police Act 1964 ”; and

(b)in paragraph (b) at the end there shall be added the words “ or a police authority established under section 3 of the M115Police Act 1964. ”

Stock Transfer Act 1982U.K.

56U.K.In Schedule 1 to the M116Stock Transfer Act 1982 (securities that can be transferred through a computerised system), in paragraph 7(1) for the word “or" at the end of paragraph (b) there shall be substituted—

“(ba)any police authority established under section 3 of the Police Act 1964; or”.

County Courts Act 1984U.K.

57U.K.In section 60 of the M117County Courts Act 1984 (right of audience for officer of local authority in proceedings brought by authority), in subsection (3), in the definition of “local authority" after the words “borough council" there shall be inserted the words “ , a police authority established under section 3 of the M118Police Act 1964 ”.

Housing Act 1985U.K.

58U.K.In section 4 of the M119Housing Act 1985 (interpretation), in paragraph (e) (definition of “local authority")—

(a)after the words “Broads Authority" (in the first place where they occur) there shall be inserted the words “ , in sections 438, 441, 442, 443 and 458 includes the Broads Authority and a joint authority established by Part IV of the M120Local Government Act 1985 ”,

(b)the words “sections 438, 441, 442, 443, 458, 460(3)" shall be omitted, and

(c)after the words “Broads Authority" (in the second place where they occur) there shall be inserted the words “ , a police authority established under section 3 of the M121Police Act 1964 and ”.

Housing Associations Act 1985U.K.

59U.K.In section 106 of the M122Housing Associations Act 1985 (minor definitions), in subsection (1), in the definition of “local authority”—

(a)for the words “sections 84(5) and 85(4)" there shall be substituted the words “ section 84(5) ”, and

(b)at the end there shall be added the words “ and in section 85(4) includes such a joint authority and a police authority established under section 3 of the M123Police Act 1964 ”.

Landlord and Tenant Act 1985U.K.

60U.K.In section 38 of the M124Landlord and Tenant Act 1985 (minor definitions), in the definition of “local authority" after the words “Broads Authority" there shall be inserted the words “ , a police authority established under section 3 of the M125Police Act 1964 and ”.

Landlord And Tenant Act 1987U.K.

61U.K.In section 58 of the M126Landlord and Tenant Act 1987, in subsection (1) (definition of “exempt landlord"), in paragraph (a) after the word “Scilly," there shall be inserted the words “ a police authority established under section 3 of the M127Police Act 1964 ”.

Housing Act 1988U.K.

62U.K.In Schedule 1 to the M128Housing Act 1988 (tenancies which cannot be assured tenancies), in paragraph 12 (local authority tenancies, etc.) after sub-paragraph (2)(f) there shall be added the words “and

(g)a police authority established under section 3 of the M129Police Act 1964.”

Town and Country Planning Act 1990U.K.

63U.K.In section 252 of the M130Town and Country Planning Act 1990 (procedure for making of orders relating to highways), in subsection (12), in the definition of “local authority" after the words “London borough," there shall be inserted the words “ a police authority established under section 3 of the M131Police Act 1964, ”.

Section 44.

SCHEDULE 5U.K. POLICE: MINOR AND CONSEQUENTIAL AMENDMENTS

F41Part IE+W+S

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

Part IIU.K. AMENDMENT OF OTHER ENACTMENTS

Offices, Shops and Railway Premises Act 1963U.K.

F4216E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pensions (Increase) Act 1971U.K.

17U.K.In Schedule 2 to the M138Pensions (Increase) Act 1971 (list of official pensions for the purposes of that Act), in paragraph 15, for sub-paragraph (b) there shall be substituted—

“(b)was engaged on service pursuant to an appointment under section 10 of the M139Overseas Development and Co-operation Act 1980, being service in respect of which section 53C of the Police Act 1964 or, as the case may be, section 38A of the M140Police (Scotland) Act 1967 had effect; or

(ba)was engaged on temporary service in accordance with section 15A(2) of the M141Police Act 1964 or section 12A(2) of the M142Police (Scotland) Act 1967; or”.

Overseas Pensions Act 1973U.K.

18U.K.In section 2 of the M143Overseas Pensions Act 1973 (which makes provisions for superannuation schemes as respects certain overseas service), in subsection (2), for paragraph (d) there shall be substituted—

“(d)a person who is—

(i)a member of a police force engaged on relevant service within the meaning of section 53C(1)(a), (c) or (e) of the M144Police Act 1964 (service under section 15A of the Police Act 1964, under section 1(1) of the M145Police (Overseas Service) Act 1945 or pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980), or

(ii)a constable of a police force engaged on relevant service within the meaning of section 38A(1)(a), (c) or (e) of the M146Police (Scotland) Act 1967 (service under section 12A of that Act, section 1(1) of the M147Police (Overseas Service) Act 1945 or pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980),

and who is incapacitated or dies as a result of an injury sustained or disease contracted during that service;”.

Police Pensions Act 1976U.K.

19U.K.In section 7 of the M148Police Pensions Act 1976 (payment of pensions and contributions), in subsection (2), for paragraph (b) there shall be substituted—

“(b)an officer engaged on service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980;

(ba)a person engaged on temporary service in accordance with arrangements made under section 15A(2) of the Police Act 1964 or section 12A(2) of the Police (Scotland) Act 1967;

(bb)a person engaged on service in the Royal Ulster Constabulary, whose service is or was for the time being service in respect of which the provisions of section 53C of the M149Police Act 1964 or, as the case may be, section 38A of the M150Police (Scotland) Act 1967 have or had effect;”.

20(1)Section 11 of that Act (interpretation) shall be amended as follows.U.K.

(2)In subsection (1), for paragraph (a) there shall be substituted—

“(a)service as an officer pursuant to an appointment under section 10 of the M151Overseas Development and Co-operation Act 1980;

(aa)temporary service in accordance with arrangements made under section 15A(2) of the Police Act 1964 or section 12A(2) of the Police (Scotland) Act 1967;

(ab)service in the Royal Ulster Constabulary in respect of which the provisions of section 53C of the Police Act 1964 or, as the case may be, section 38A of the Police (Scotland) Act 1967 have effect;”.

(3)In subsection (2)(b) after the words “subsection (1)" there shall be inserted “ (aa), (ab), ”.

(4)In subsection (3)—

(a)in paragraph (b) after the words “subsection (1)(a)," there shall be inserted “ (aa), (ab), ”, and

(b)after the words “body in" there shall be inserted the words “ or with ”.

Police Negotiating Board Act 1980U.K.

F4321U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance Act 1981U.K.

F4422U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Aviation Security Act 1982U.K.

23U.K.In section 31 of the M152Aviation Security Act 1982 (application to Scotland, etc.), in subsection (2)(b) for the words from “from" to “paragraph" there shall be substituted the words “ following “area or," ”.

Police and Criminal Evidence Act 1984U.K.

24In section 84 of the M153Police and Criminal Evidence Act 1984 (general provision relating to police complaints and discipline), in subsection (4)—

(a)in the definition of “senior officer" for the words “chief superintendent" there shall be substituted the word “ superintendent ”, and

F45(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4625E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4726E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4827E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4928E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29In section 95 of that Act (manner of dealing with complaints etc.)—

(a)for the words “adequate and efficient" there shall be substituted the words “ efficient and effective ”, and

(b)after the word “efficiency" there shall be inserted the words “ and effectiveness ”.

30In section 96 of that Act (constabularies maintained by authorities other than police authorities), in subsection (1) after the word “corresponding" there shall be inserted the words “ or similar ”.

F5031E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5132E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5233E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5334E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35(1)Section 107 of that Act (police officers performing duties of higher rank) shall be amended as follows.U.K.

(2)In subsection (1) for the words “he has been" onwards there shall be substituted—

“(a)he has been authorised by an officer holding a rank above the rank of superintendent to exercise the power or, as the case may be, to give his authority for its exercise, or

(b)he is acting during the absence of an officer holding the rank of superintendent who has authorised him, for the duration of that absence, to exercise the power or, as the case may be, to give his authority for its exercise.”

(3)In subsection (2) for the words “chief superintendent" there shall be substituted the word “ superintendent ”.

36(1)Schedule 4 to that Act (Police Complaints Authority) shall be amended as follows.

(2)For paragraph 1(6) (appointment of two deputy chairmen) there shall be substituted—

“(6)The Secretary of State may appoint not more than two of the members of the Authority to be deputy chairmen.”

(3)In paragraph 3(4) (grounds on which members can be removed) after paragraph (d) there shall be inserted—

“(da)he has acted improperly in relation to his duties, or”.

Public Order Act 1986U.K.

37U.K.In section 15 of the M154Public Order Act 1986 (delegation of functions of chief officer of police), for the words “a deputy or", in both places where they occur, there shall be substituted the word “ an ”.

Channel Tunnel Act 1987U.K.

38(1)Section 14 of the M155Channel Tunnel Act 1987 (arrangements for the policing of the tunnel system) shall be amended as follows.U.K.

(2)In subsections (1), (2) and (3) for the words “of the county of Kent" there shall be substituted the words “ maintained for the Kent police area ”.

(3)In subsections (4) and (5)—

(a)for the words “police committee for the county of Kent" there shall be substituted the words “ Kent Police Authority ”, and

(b)for the word “committee", in the second place where it occurs, there shall be substituted the word “ Authority ”.

Tribunals and Inquiries Act 1992U.K.

39U.K.In section 7 of the M156Tribunals and Inquiries Act 1992 (which restricts Ministers’ powers to remove members of tribunals listed in Schedule 1 to that Act), in subsection (2) (tribunals to which that section does not apply)—

F54(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for the words “or 56(a)" there shall be substituted the words “ , 56(a) or 57A ”.

40(1)Schedule 1 to that Act (tribunals under general supervision of Council on Tribunals) shall be amended as follows.U.K.

F55(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In Part II (tribunals under the supervision of the Scottish Committee of the Council), after paragraph 57 there shall be inserted—

“57A Police

“57AAn appeals tribunal constituted in accordance with Schedule 3 to the Police (Scotland) Act 1967 (c.77).”

Section 55.

SCHEDULE 6S SCHEDULE TO BE INSERTED IN POLICE (SCOTLAND) ACT 1967 : APPEALS TRIBUNALS

“SCHEDULE 3S APPEALS

Police Appeals TribunalsS

1(1)In the case of an appeal by a senior officer, the police appeals tribunal shall consist of three members appointed by the Secretary of State, of whom—

(a)one shall be a person chosen from a list of persons who have been nominated by the Lord President of the Court of Session for the purposes of this Schedule;

(b)one shall be a member of a police authority, other than the relevant police authority; and

(c)one shall be a person who is (or has within the previous five years been) an inspector of constabulary.

(2)The member of the police appeals tribunal to whom sub-paragraph (1)(a) of this paragraph applies shall be the chairman.

2(1)In the case of an appeal by a constable who is not a senior officer, the police appeals tribunal shall consist of four members appointed by the relevant police authority, of whom—

(a)one shall be a person chosen from the list referred to in paragraph 1(1)(a) of this Schedule;

(b)one shall be a member of the authority;

(c)one shall be a person chosen from a list maintained by the Secretary of State of persons who are (or have within the last five years been) chief constables, other than a person who is (or has at any time been) chief constable of the police force; and

(d)one shall be a retired constable of appropriate rank.

(2)The member of the police appeals tribunal to whom sub-paragraph (1)(a) of this paragraph applies shall be the chairman.

Notice of appealS

3An appeal shall be instituted by giving notice of appeal within the time prescribed by rules under section 30 of this Act.

RespondentS

4On any appeal the respondent shall be the person prescribed by rules under section 30 of this Act.

Casting voteS

5Where there is an equality of voting among the members of a police appeals tribunal, the chairman shall have a second or casting vote.

HearingS

6(1)A police appeals tribunal may determine a case without a hearing but shall not decide to do so unless both the appellant and the respondent have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered.

(2)Where a hearing is held, the appellant shall have the right to be represented by a serving constable or by an advocate or a solicitor; and the respondent to be represented by a constable of the force maintained by, or an officer of, the relevant police authority or by an advocate or a solicitor.

EffectS

7(1)Where an appeal is allowed, the order shall take effect by way of substitution for the decision appealed against, and as from the date of that decision or, where that decision was itself a decision on appeal, the date of the original decision appealed against.

(2)Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force, or in his rank he shall, for the purposes of reckoning service for pension and to such extent (if any) as may be determined by the order for the purposes of pay, be deemed to have served in the force or in that rank continuously from the date of the original decision to the date of his reinstatement.

(3)Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.

Tribunal remuneration and expensesS

8Members of a police appeals tribunal shall be—

(a)paid such remuneration; and

(b)reimbursed for such expenses,

as the Secretary of State may determine.

Expenses of proceedingsS

9(1)An appellant shall pay the whole of his own expenses unless the police appeals tribunal directs that the whole or any part of those expenses are to be paid by the relevant police authority.

(2)Subject to sub-paragraph (1) of this paragraph, all the expenses of an appeal under section 30 of this Act, including the expenses of the respondent and any remuneration or expenses paid by virtue of paragraph 8 of this Schedule, shall be paid by the relevant police authority.

InterpretationS

10In this Schedule—

(a)“senior officer” means a constable holding a rank above that of superintendent;

(b)“relevant police authority” means the police authority for the area for which the police force of which the appellant is a constable is maintained; and

(c)“retired constable of appropriate rank” means—

(i)where the appellant was, immediately before the proceedings, of the rank of superintendent, a retired constable who at the time of his retirement was of that rank, and

(ii)in any other case a retired constable who at the time of his retirement was of the rank of chief inspector or below.”

.

Section 91.

SCHEDULE 8E+W MAGISTRATES’ COURTS: MINOR AND CONSEQUENTIAL AMENDMENTS

Part IE+W AMENDMENT OF M159JUSTICES OF THE PEACE ACT 1979

2(1)Section 17 (chairman and deputy chairmen of justices) shall be amended as follows.

(2)In subsection (1), after the words “for the area" there shall be inserted the words “ ; and any contested election for the purposes of this section shall be held ”.

(3)In subsection (2), for the words “subsection (3)" there shall be substituted the words “ subsections (2A) and (3) ”.

(4)After subsection (2) there shall be inserted—

“(2A)Subsection (2) above shall not confer on any chairman or deputy chairman of the justices the right to preside in court if, under rules made under the next following section, he is ineligible to preside in court.”

3In section 18 (rules as to chairmanship and size of bench) in subsection (2)—

(a)in paragraph (b), after the words “petty sessions area" there shall be inserted the words “ (including any procedure for nominating candidates at any such election) ”, and

(b)for paragraph (c) there shall be substituted—

“(c)as to courses of instruction to be completed by justices before they may preside in court;

(d)as to the approval of justices, by committees of justices constituted in accordance with the rules, before they may preside in court, as to the justices who may be so approved and as to the courts to which the approval relates; and

(e)as to circumstances in which a justice may preside in court even though requirements imposed by virtue of paragraph (c) or (d) above are not satisfied in relation to him.”

4(1)Section 19 (general provisions as to magistrates’ courts committees) shall be amended as follows.

(2)In subsection (1), for the words from “in relation to" to “this Act or" there shall be substituted the words “ as are or may be conferred on them by or under this or any other Act and such other functions relating to matters of an administrative character ”.

(3)In subsection (2), for the words “subsection (3) below" there shall be substituted the words “ section 69 of the Police and Magistrates’ Courts Act 1994 and to any order made under subsection (3) of this section before the commencement of that section ”.

(4)Subsections (3) and (4) shall be omitted.

5In section 22 (supplementary provisions as to magistrates’ courts committees), in subsection (3) for the words “section 20" there shall be substituted the words “ section 21 ”.

6(1)Section 23 (powers and duties of committee as to petty sessional divisions) shall be amended as follows.

(2)In subsection (1)—

(a)the words from “acting" to “boroughs" shall cease to have effect, and

(b)for the words “the county, district or borough" there shall be substituted the words “ their area ”.

(3)In subsection (2) for the words “the county, district or borough, as the case may be" there shall be substituted the words “ their area ”.

(4)In subsection (4) for the words “a non-metropolitan county or metropolitan district or any of the outer London boroughs", in both places where they occur, there shall be substituted the words “ an area ”.

7(1)Section 24 (procedure relating to section 23) shall be amended as follows).

(2)In subsection (1)(a)—

(a)for the words “council of the" there shall be substituted the words “ council of every ”,

(b)the word “outer" shall be omitted, and

(c)for the word “concerned" there shall be substituted the words “ which includes all or part of the area ”.

(3)In subsection (2)—

(a)for the words “council of the" there shall be substituted the words “ council of every ”,

(b)the word “outer" shall be omitted, and

(c)for the word “concerned" there shall be substituted the words “ which includes all or part of the area ”.

(4)In subsection (5)—

(a)the words “in a non-metropolitan county, metropolitan district or outer London borough" shall be omitted, and

(b)at the end there shall be inserted the words “ or by section 69 of the Police and Magistrates’ Courts Act 1994 ”.

8(1)Section 24A (alteration of names of petty sessions areas outside inner London area) shall be amended as follows.

(2)In subsection (1) the words “for an area mentioned in section 19(2) above other than the City of London" shall be omitted.

(3)After subsection (2) there shall be inserted—

“(2A)Nothing in this section shall enable the name of the petty sessions area consisting of the City of London to be changed.”

9In section 24B (procedure relating to section 24A), for the words “outer London borough" in subsections (1)(a) and (2) there shall be substituted the words “ London borough ”.

10(1)Section 26 (qualifications for appointment as justices’ clerk) shall be amended as follows.

(2)In subsection (1) the words “of any class or description" and, in paragraph (a), the words from “and is within" to “that class or description" shall be omitted.

(3)For subsection (3) there shall be substituted—

“(3)A person not having the qualification which is required by subsection (1)(a) above may be appointed as justices’ clerk if at the time of the appointment he is a barrister or solicitor and has served for not less than five years as assistant to a justices’ clerk.”

(4)Subsections (2), (4) and (5) shall be omitted.

11(1)Section 27 (conditions of service and staff of justices’ clerks) shall be amended as follows.

(2)Subsections (1) to (5) and (7) and (9) shall be omitted.

(3)For subsection (6) there shall be substituted—

“(6)A magistrates’ courts committee may employ staff on such terms as they think fit.”

(4)At the end of subsection (8) there shall be added the words “ or approved by the Lord Chancellor in accordance with the rules ”.

12In section 28 (general powers and duties of justices’ clerks), in subsection (1A), paragraphs (b) and (c) shall be omitted.

13In section 30 (person acting as substitute clerk to justices), in subsection (1) the words “outside the inner London area" shall be omitted.

14In section 32 (allocation and sittings of metropolitan stipendiary magistrates), in subsection (1), for the words “constituted under section 36 of this Act" there shall be substituted the words “ of the inner London area ”.

15After section 34A of the 1979 Act there shall be inserted—

“ Justices’ clerks for youth courts and family proceedings courtsE+W

34B Appointment of justices’ clerks for youth courts and family proceedings courts.

34B(1)The inner London magistrates’ courts committee shall appoint one or more justices’ clerks for the youth courts and family proceedings courts for the metropolitan area.

(2)Subsections (2) to (4), (5)(b), (6) and (7) of section 25 of this Act have effect in relation to any justices’ clerk appointed under subsection (1) above as they have effect in relation to a justices’ clerk for a petty sessions area, but with the substitution for any reference to the magistrates for a petty sessions area of a reference to the justices of the peace who are members of the youth court panel for the metropolitan area or (as the case may be) of a family panel for that area, other than any such justice whose name is for the time being entered on the supplemental list.

(3)In this section—

• “the inner London magistrates’ courts committee” means the magistrates’ courts committee for an area consisting of or including the whole of the inner London area or, if there is no such committee, all the magistrates courts’ committees for areas which consist of or include any part of the inner London area acting jointly; and

• “the metropolitan area” means the inner London area and the City of London.”

16Section 36 (petty sessional divisions in inner London area) and section 36A (alteration of names of petty sessions area in inner London area) shall be omitted.

17In section 42 (no petty sessional divisions in the City) for the words “section 41 above" there shall be substituted the words “ this Act ”.

18(1)Section 53 (indemnification of justices and justices’ clerks) shall be amended as follows.

(2)In subsection (3), in paragraph (b), for the words “the local authority" there shall be substituted the words “ any paying authority ”.

(3)After subsection (3) there shall be inserted—

“(3A)Where there are two or more paying authorities in relation to any justice or justices’ clerk, any question as to the extent to which the funds required to indemnify him are to be provided by each authority shall be determined by agreement between those authorities and the magistrates’ courts committee concerned or, in default of such agreement, shall be determined by the Lord Chancellor.”

(4)In subsection (4) for the words “this section" there shall be substituted the words “ subsection (3) above ”.

(5)For subsection (5) there shall be substituted—

“(5)In this section—

• “justices’ clerk” includes any person appointed by a magistrates’ courts committee to assist a justices’ clerk,

• “local funds”, in relation to a justice or justices’ clerk, means funds out of which the expenses of the magistrates’ courts committee for the area for which he acted at the material time are payable, and

• “paying authority”, in relation to a justice or justices’ clerk, means any authority which is a paying authority for the purposes of section 55 of this Act in relation to the magistrates’ courts committee for the area for which he acted at the material time.”

19(1)Section 59 (grants by Lord Chancellor to responsible authorities) shall be amended as follows.

(2)In subsection (1)—

(a)in paragraph (b) after the word “7" there shall be inserted the words “ or 24 ”, and

(b)for the word “and" immediately following that paragraph there shall be substituted—

“(bb)of their functions under any regulations having effect by virtue of paragraph 13(1) of Schedule 1 to this Act; and”.

(3)For subsection (8) there shall be substituted—

“(8)In this section—

• “court staff” means justices’ chief executives, justices’ clerks and staff of magistrates’ courts committees, and

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

20In section 62 (defaults of justices’ clerks and their staffs), in subsection (1), for the words “a person employed to assist a justices’ clerk" there shall be substituted the words “ any staff of a magistrates’ courts committee ”.

21In section 63 (courses of instruction), in subsection (5), for the words “and their staffs" there shall be substituted the words “ and for staff of magistrates’ courts committees ”.

22In section 70 (interpretation), for the definition of “magistrate" there shall be substituted—

““magistrate”—

(a)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,

(b)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, and

(c)in 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;

“magistrates’ courts committee area” means the area to which a magistrates’ courts committee relates;”.

Part IIE+W AMENDMENTS OF OTHER ENACTMENTS

Superannuation (Miscellaneous Provisions) Act 1967E+W

25In section 15 of the M162Superannuation (Miscellaneous Provisions) Act 1967 (superannuation of metropolitan civil staffs), in subsection (1)(a)(ii), for the words from “or other officer" to “that area" there shall be substituted the words “ , as a justices’ chief executive for that area or as staff of the magistrates’ courts committee for that area ”.

Pensions (Increase) Act 1971E+W

26E+WIn Schedule 2 to the M163Pensions (Increase) Act 1971 (list of official pensions for the purposes of that Act), in paragraph 47, at the end of paragraph (b) there shall be added the words— “or as staff of such a committee; or

(c)service as a justices’ chief executive.”

27E+WIn Schedule 6 to that Act (employments relevant to section 13(2) of that Act), in paragraph (d) after the words “for that area" there shall be inserted the words “ or by any magistrates’ courts committee whose area includes all or part of that area ”.

Juries Act 1974E+W

28In Schedule 1 to the Juries M164Act 1974, in Group B of Part I (persons ineligible) for the entry beginning “Justices’ clerks" there shall be substituted— “ Justices’ chief executives, justices’ clerks and justices’ clerks’ assistants. ”

Domestic Proceedings and Magistrates’ Courts Act 1978E+W

29In section 30 of the M165Domestic Proceedings and Magistrates’ Courts Act 1978 (provisions as to jurisdiction and procedure), in subsection (1) for the words “the committee of magistrates"' there shall be substituted the words “ a magistrates’ courts committee ”.

Magistrates’ Courts Act 1980E+W

30In section 70 of the M166Magistrates’ Courts Act 1980 (jurisdiction of magistrates’ courts in inner London for domestic proceedings), for the words “committee of magistrates" in subsections (1) and (2) there shall be substituted the words “ magistrates’ courts committee whose area consists of or includes that petty sessions area ”.

31E+WIn section 145 of that Act, subsection (1)(d) (by virtue of which rules may make provision as to the extent to which a justices’ clerk may engage in practice as a legal representative) shall be omitted.

Road Traffic Offenders Act 1988E+W

32In section 82 of the M167Road Traffic Offenders Act 1988 (accounting for fixed penalties in England and Wales), for subsection (2) there shall be substituted—

“(2)Where, in England and Wales, a justices’ clerk for a petty sessions area comprised in the area of one magistrates’ courts committee (“the first committee") discharges functions in connection with a fixed penalty for an offence alleged to have been committed in a petty sessions area comprised in the area of another magistrates’ courts committee (“the second committee")—

(a)the paying authority or authorities in relation to the second committee must make to the paying authority or authorities in relation to the first committee such payment in connection with the discharge of those functions as may be agreed between all the paying authorities concerned or, in default of such agreement, as may be determined by the Lord Chancellor, and

(b)any such payment between paying authorities shall be taken into account in determining for the purposes of section 59 of the Justices of the M168Peace Act 1979 the net cost to the responsible authorities of the functions referred to in subsection (1) of that section.

(2A)In subsection (2) above “paying authority” and “responsible authority” have the same meaning as in section 55 of the Justices of the Peace Act 1979.”

Criminal Justice Act 1991E+W

33(1)Section 76 of the M169Criminal Justice Act 1991 (provision of court security officers) shall be amended as follows.

(2)In subsections (1)(b) and (2), for the words “responsible authority" there shall be substituted the words “ paying authority or authorities ”.

(3)In subsection (3)—

(a)the words from “in relation to" to “inner London area" shall be omitted, and

(b)for the words “responsible authority" there shall be substituted the words “ paying authority or authorities ”.

(4)In subsection (4), for the words from “in relation to" to “responsible authority" there shall be substituted the words “ any paying authority ”.

(5)Subsection (5) shall be omitted.

(6)For subsection (6) there shall be substituted—

“(6)In this section—

• “the committee”, in relation to a petty sessions area, means the magistrates’ courts committee whose area consists of or includes that petty sessions area, and

• “paying authority”, in relation to a committee, has the same meaning as in section 55 of the 1979 Act.”

34In section 77 of that Act (powers and duties of court security officers), in subsection (5)—

(a)in paragraph (a), for the words “chief clerk" there shall be substituted the words “ justices’ chief executive ”, and

(b)in paragraph (b), for the words from “employed to" to “by him" there shall be substituted the words “ of the magistrates’ courts committee authorised by such a justices’ chief executive or clerk ”.

Section 93.

SCHEDULE 9U.K. REPEALS

Part IU.K. POLICE

Act of the Parliament of Northern IrelandN.I.

Part IIU.K. Magistrates’ courts