(1) The Greater London Magistrates’ Courts Authority may, with the approval of the Lord Chancellor, act through committees appointed by the Authority which, if they include at least one member of the Authority, may also include persons who are not members.
(2) The Authority may also arrange for the discharge of any of their functions—
(a) by the chairman of the Authority; or
(b) by the justices’ chief executive.
(3) Subject to regulations made under this Act, the Authority shall have power to regulate their own procedure, including quorum.
(1) A magistrates’ courts committee may approve persons or bodies for the purpose of executing warrants pursuant to section 125B of the Magistrates’ Courts Act 1980.
(2) The Lord Chancellor may by statutory instrument make regulations as to—
(a) conditions which must be satisfied by a person or body in order to be approved under subsection (1) above; and
(b) the procedure by which a person or body may be so approved.
(3) A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) A magistrates’ courts committee shall maintain a register—
(a) containing the names of all persons and bodies approved by the committee under subsection (1) above; or
(b) stating that no person or body has been so approved.
(5) Copies of the register kept by a committee under subsection (4) above shall be available for inspection by members of the public in every petty sessional court-house in the committee’s area during the hours that the court-house is open to the public.
(6) A decision by a magistrates’ courts committee to revoke the approval of a person or body under subsection (1) above does not have effect to revoke the approval until the committee have informed the person or body in writing of the decision.
31 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) It shall be the duty of every magistrates’ courts committee to provide training courses 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.
(1) A magistrates’ courts committee may at any time submit to the Lord Chancellor written proposals for an alteration of any commission area which includes the whole or any part of their area.
(2) Before submitting such proposals the magistrates’ courts committee shall consult—
(a) the magistrates for their area or that of any affected magistrates’ courts committee; and
(b) any affected magistrates’ courts committee.
(3) Before making an order under section 1(2) above which makes an alteration of a commission area, other than an order which implements proposals submitted to him under subsection (1) above, the Lord Chancellor shall consult—
(a) the magistrates for the area of any affected magistrates’ courts committee; and
(b) any affected magistrates’ courts committee.
(4) For the purposes of subsection (3) above an order shall be taken to implement proposals if it implements them without changes or any departures from the proposals do not, in the opinion of the Lord Chancellor, effect important changes in the proposals.
(5) An order under section 1(2) above which makes an alteration of a commission area may contain such consequential and transitional provisions as appear to the Lord Chancellor to be necessary or expedient.
(6) A statutory instrument containing an order under section 1(2) above which makes an alteration of a commission area shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section references to the alteration of a commission area include (as well as a change in the boundaries of the area)—
(a) the combination of the area with another commission area; and
(b) the division of the area between two or more commission areas.
(8) For the purposes of this section a magistrates’ courts committee is affected by proposals or a proposed order if the alteration proposed would affect any commission area which includes the whole or any part of their area.
(1) A magistrates’ courts committee may at any time submit to the Lord Chancellor a draft order which makes an alteration of a petty sessions area for which they are the committee.
(2) A magistrates’ courts committee shall, if directed to do so by the Lord Chancellor, consider whether any alteration is required to any petty sessions area for which they are the committee and, on completion of its consideration, shall submit to the Lord Chancellor either—
(a) a draft order under subsection (1) above; or
(b) a report giving reasons for no alteration.
(3) The Lord Chancellor may only make an order under section 4(2) above which makes an alteration of a petty sessions area where—
(a) the magistrates’ courts committee for the area have submitted a draft order to him under subsection (1) above and the alteration made by the order is in the terms of the draft or subject only to such modifications as the Lord Chancellor thinks fit;
(b) a magistrates’ courts committee fail to comply within six months with a direction of the Lord Chancellor under subsection (2) above or he is dissatisfied with the draft order or report submitted in pursuance of such a direction; or
(c) the alteration is consequential on an order under section 1(2) or 27A(2) above.
(4) An order under section 4(2) above which makes an alteration of a petty sessions area may contain such consequential and transitional provisions as appear to the Lord Chancellor to be necessary or expedient.
(5) In this section and section 34 below references to the alteration of a petty sessions area include (as well as a change in the boundaries of the area)—
(a) the combination of the area with another petty sessions area;
(b) the division of the area between two or more petty sessions areas; and
(c) changing the name of the area.
(1) Before submitting to the Lord Chancellor a draft order or a report under section 33 above about any petty sessions area, a magistrates’ courts committee—
(a) shall consult—
(i) every relevant council; and
(ii) the magistrates for . . . the area; and
(b) in the case of a draft order which relates to any district which is not a unitary district, after complying with paragraph (a) above, shall send a copy of their proposals to every relevant district council and take into consideration any objections made in the prescribed manner and within the prescribed time.
(2) A magistrates’ courts committee submitting to the Lord Chancellor a draft order or a report under section 33 above shall comply with such requirements (if any) as to notice as may be prescribed.
(3) Before making an order under section 4(2) above which makes an alteration of a petty sessions area otherwise than in accordance with a draft submitted to him by the magistrates’ courts committee, the Lord Chancellor shall send a copy of his proposals to—
(a) the magistrates’ courts committee;
(b) every relevant council;
(c) the magistrates for . . . the area; and
(d) if the proposals relate to any district which is not a unitary district, every relevant district council.
(4) Before making any order under section 4(2) above which makes an alteration of a petty sessions area, the Lord Chancellor shall take into consideration any objections made in the prescribed manner and within the prescribed time, and may cause a local inquiry to be held.
(5) For the purposes of this section—
(a) “relevant council”, in relation to an order, a draft order or a report, means any council of—
(i) a county;
(ii) a county borough;
(iii) a unitary district; or
(iv) a London borough,
which includes all or part of the area to which the order, draft order or report relates;
(b) “relevant district council”, in relation to an order or draft order about any area, means any council of a district, other than a unitary district, which includes all or part of the area;
(c) “prescribed” means prescribed by regulations made by the Lord Chancellor by statutory instrument; and
(d) an order shall be taken to be made in accordance with a draft order if it is made in terms of the draft order or any departures from the draft order do not, in the opinion of the Lord Chancellor, effect important alterations in the draft order.
(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.
(4) In this section “prescribed” means prescribed by regulations made by the Lord Chancellor by statutory instrument; and a statutory instrument containing (whether alone or with other provisions) regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(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 29 above, to take office at the end of the specified period.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(1) The Lord Chancellor may prepare a code of conduct to be observed by—
(a) members of magistrates’ courts committees; and
(b) members of selection panels for choosing members of such committees.
(2) The Lord Chancellor may from time to time prepare a revised version of the code.
(3) Before preparing the code or a revised version of the code the Lord Chancellor shall undertake such consultation as appears to him to be appropriate.
(4) The code, and any revised version of the code, shall come into force as provided by an order made by the Lord Chancellor by statutory instrument; and an order providing for the coming into force of the code or a revised version shall set out the code or revised version.
(5) A statutory instrument containing an order made by virtue of subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The Lord Chancellor may make an order under subsection (2) below if he is of the opinion that—
(a) a member of a magistrates’ courts committee; or
(b) a member of a selection panel for choosing members of such a committee,
has, without reasonable excuse, failed to observe the code.
(2) An order under this subsection shall state that the Lord Chancellor is of the opinion mentioned in subsection (1) above and may provide either or both of the following—
(a) that, on the making of the order, the person is to cease to be a member of the committee or selection panel concerned or to cease to be such a member for a specified period; or
(b) that, for a specified period, the person may not be appointed (or co-opted) as a member of any magistrates’ courts committee or any selection panel for choosing members of such a committee.
(3) The Lord Chancellor may by regulations made by statutory instrument make provision for the purpose of establishing whether persons have failed to observe the code.
(4) A statutory instrument containing regulations made by virtue of subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Every magistrates’ courts committee shall appoint a justices’ chief executive.
(1A) The justices’ chief executive appointed by a magistrates’ courts committee is—
(a) the justices’ chief executive for every magistrates’ court for the committee’s area;
(b) the justices’ chief executive for every petty sessions area for which they are the committee; and
(c) the chief executive to the justices acting for every such petty sessions area.
(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 appointment;
(b) the Lord Chancellor has approved one or more of those persons; and
(c) the person appointed is a person so approved.
(3) Where a person employed as a justices’ chief executive under a contract for a fixed term is re-appointed on the expiry of that term, subsection (2) above does not apply in relation to the re-appointment.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 which may make different provision in relation to the Greater London Magistrates’ Courts Authority and other magistrates’ courts committees; and a statutory instrument containing (whether alone or with other provisions) regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The justices’ chief executive appointed by any magistrates’ courts committee shall make arrangements for the efficient and effective administration of the magistrates’ courts for the area to which the committee relates.
(2) For that purpose the administration of the magistrates’ courts for the area to which a magistrates’ courts committee relates includes—
(a) the exercise of the function of acting as clerk to the committee; and
(b) the exercise of all of the functions conferred or imposed on justices’ chief executives by or under any other enactment so far as relating to any of those courts or that committee.
(3) The duty imposed on a justices’ chief executive by subsection (1) above shall in particular require him—
(a) to allocate responsibility for what falls to be done in the exercise of his functions among justices’ clerks and the staff of the committee; and
(b) to determine the administrative procedures to be followed by them.
(4) The justices’ chief executive appointed by a magistrates’ courts committee shall make arrangements for discussions relating to matters of law (including procedure and practice) among the justices’ clerks appointed by the committee, in particular with a view to securing consistency in the advice given by them to justices about such matters.
(5) The justices’ chief executive appointed by a magistrates’ courts committee shall perform—
(a) the duties imposed on him by this section; and
(b) any other functions conferred or imposed on him by or under any other enactment,
in accordance with any directions given to him by the committee.
(6) Subject to section 48 below, the justices’ chief executive appointed by a magistrates’ courts committee may give directions to justices’ clerks and the staff of the committee as to the carrying out of their responsibilities (including the performance of any functions conferred or imposed on them by or under any enactment).
41A Justices’ chief executive as collecting officer.
(1) A justices’ chief executive shall, by virtue of his office, be collecting officer of each of the courts for the area of the magistrates’ courts committee which appointed him.
(2) A justices’ chief executive shall act under any order made under section 30 of the Criminal Justice Administration Act 1914 (which provided for periodical payments under court orders to be made through an officer of the court or other third party) which, in accordance with the provisions of paragraph 16A of Schedule 4 to this Act, has effect to direct the payment of money to him.
(3) This section is without prejudice to the provisions of—
(a) section 59 of the Magistrates’ Courts Act 1980 (periodical payments through justices’ chief executive); and
(b) sections 59A and 62 of that Act (proceedings by justices’ chief executive).
(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) Where a person employed as a justices’ clerk under a contract for a fixed term is re-appointed on the expiry of that term, subsection (2) above does not apply in relation to the re-appointment.
(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 for a petty sessions area or to have more than one justices’ clerk for 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 person 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) Where a person is employed as a justices’ clerk under a contract for a fixed term, the expiry of that term without renewal shall be treated for the purposes of subsections (5) to (7) above as his removal as justices’ clerk, unless he has consented to the failure to renew.
(9) In this section “regulations” means regulations made by the Lord Chancellor by statutory instrument; and a statutory instrument containing (whether alone or with other provisions) regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
43 Qualifications for appointment as justices’ clerk.
No person shall be appointed as justices’ clerk unless either—
(a) at the time of appointment—
(i) he has a 5 year magistrates’ courts qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); or
(ii) he is a barrister or solicitor and has served for not less than five years as assistant to a justices’ clerk; or
(b) he then is or has previously been a justices’ clerk.
44 Terms of employment of justices’ chief executives, justices’ clerks and staff.
(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.
(1A) The approval of the Lord Chancellor shall be required for any determination by a magistrates’ courts committee reducing the salary of a justices’ clerk or justices’ chief executive, unless the justices’ clerk or justices’ chief executive concerned consents to the reduction.
(2) A magistrates’ courts committee may employ staff on such terms as they think fit.
(3) Without prejudice to the generality of subsection (1) of section 144 of the Magistrates’ Courts Act 1980, the power conferred by that section to make rules for regulating and prescribing the procedure and practice to be followed by justices’ clerks includes power to provide that, subject to any exceptions prescribed by the rules, persons—
(a) shall not be employed to assist a justices’ clerk in any capacity so prescribed; or
(b) shall not be permitted to do on behalf of a justices’ clerk any such acts as may be so prescribed,
unless those persons are qualified to be appointed justices’ clerk or have such other qualifications as may for any purpose be allowed by the rules or approved by the Lord Chancellor in accordance with the rules.
(1) Rules made in accordance with section 144 of the Magistrates’ Courts Act 1980 may (except to the extent that any enactment passed after this Act otherwise directs) make provision enabling things authorised to be done by, to or before a single justice of the peace to be done instead by, to or before a justices’ clerk.
(2) Such rules may also make provision enabling things authorised to be done by, to or before a justices’ clerk (whether by virtue of subsection (1) above or otherwise) to be done instead by, to or before a person appointed by a magistrates’ courts committee to assist him.
(3) Any enactment (including any enactment contained in this Act) or any rule of law which—
(a) regulates the exercise of any jurisdiction or powers of justices of the peace; or
(b) relates to things done in the exercise or purported exercise of any such jurisdiction or powers,
shall apply in relation to the exercise or purported exercise of any such jurisdiction or powers by the clerk to any justices by virtue of subsection (1) above as if he were one of those justices.
(4) The functions of a justices’ clerk include giving advice to the justices to whom he is clerk, at their request, about matters of law (including procedure and practice) on questions arising in connection with the discharge of their functions, including questions arising when the clerk is not personally attending on them.
(5) The powers of a justices’ clerk include, at any time when he thinks he should do so, bringing to the attention of those justices any point of law (including procedure and practice) that is or may be involved in any question so arising.
(6) For the purposes of subsections (4) and (5) above the functions of justices of the peace do not include functions as a judge of the Crown Court.
(7) Subsections (4) and (5) above—
(a) apply in relation to any of the justices to whom the justices’ clerk is clerk as they apply in relation to all of them; and
(b) do not define or in any respect limit—
(i) the powers and duties of a justices’ clerk; or
(ii) the matters on which justices may obtain assistance from their clerk.
(1) Subject to any rules made under section 144 of the Magistrates’ Courts Act 1980, where a person who is not the justices’ clerk (or one of the justices’ clerks) for a petty sessions area acts as clerk to the justices for that petty sessions area—
(a) he shall be treated as acting as deputy to the justices’ clerk; and
(b) he shall make a return to the justices’ clerk of—
(i) all matters done before the justices; and
(ii) all matters that the clerk to the justices is required to register or record.
(2) Where there are two or more justices’ clerks for the petty sessions area, any reference in subsection (1) above to the justices’ clerk is a reference to such one of them as may be designated for the purpose by the magistrates’ courts committee.
48 Independence of justices’ clerks and staff exercising legal functions.
(1) When exercising any legal function—
(a) a justices’ clerk shall not be subject to the direction of the justices’ chief executive or any other person or body; and
(b) a member of the staff of a magistrates’ courts committee shall not be subject to the direction of any person or body other than a justices’ clerk.
(2) In subsection (1) “legal function” means—
(a) any function exercisable by one or more justices of the peace; or
(b) a function specified in section 45(4) or (5) above.
50 Pensions etc. of justices’ chief executive, justices’ clerks and staff in inner London area.
(1) Schedule 3 to this Act (which re-enacts certain provisions relating to the functions of the Receiver for the Metropolitan Police District with respect to pensions etc. of court staff) shall have effect.
(2) The Lord Chancellor may by order make provision with respect to pensions, allowances or gratuities payable to or in respect of inner London court staff, or any class of inner London court staff.
(3) An order under subsection (2) above may—
(a) itself make provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the order, are to be or may be paid to or in respect of inner London court staff, or any class of inner London court staff; or
(b) provide that the civil service provisions are to have effect, with such modifications as may be prescribed by the order, in relation to the payment by such persons as may be so prescribed, out of such funds as may be so prescribed, of pensions, allowances and gratuities to or in respect of inner London court staff, or any class of inner London court staff.
(4) Without prejudice to the generality of subsections (2) and (3) above, an order under subsection (2)—
(a) may include all or any of the provisions referred to in paragraphs 1 to 11 of Schedule 3 to the Superannuation Act 1972; and
(b) may make different provision as respects different classes of persons and different circumstances.
(5) Paragraphs 1 to 11 of Schedule 3 to the Superannuation Act 1972 shall have effect, in their application for the purposes of this section, as if references to regulations were references to an order under this section and references to the Secretary of State were references to the Lord Chancellor.
(6) Subsections (3) and (4) of section 7 of the Superannuation Act 1972 (which relate to increases under the Pensions (Increase) Act 1971) shall have effect in relation to an order under subsection (2) above as they have effect in relation to regulations under that section.
(7) The Lord Chancellor may by order repeal or amend any of the relevant enactments, whether or not he makes provision under subsection (2) above.
(8) An order under subsection (2) or (7) above may make such consequential, transitional, incidental or supplemental provision (including provision amending or repealing any provision of this Act or any other enactment) as the Lord Chancellor thinks necessary or expedient.
(9) Before making an order under subsection (2) or (7) above the Lord Chancellor shall consult—
(a) the inner London magistrates’ courts committee;
(b) such local authorities as appear to him to be concerned;
(c) the Receiver for the Metropolitan Police District; and
(d) such representatives of other persons likely to be affected by the proposed order as appear to him to be appropriate.
(10) An order under subsection (2) or (7) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(11) In this section—
“the civil service provisions” has the meaning given by section 15(1) of the Superannuation (Miscellaneous Provisions) Act 1967;
“inner London court staff” means the justices’ chief executive employed by the inner London magistrates’ courts committee, any justices’ clerk for the inner London area and staff of the inner London magistrates’ courts committee;
“the inner London magistrates’ courts committee” means the magistrates’ courts committee for an area consisting of or including 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; and
“the relevant enactments” means—
Schedule 3 to this Act; and
section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 (superannuation of metropolitan civil staffs) so far as it relates to the persons mentioned in subsection (1)(a)(ii) of that section.
(1) No action shall lie against any justice of the peace or justices’ clerk in respect of any act or omission of his—
(a) in the execution of his duty—
(i) as such a justice; or
(ii) as such a clerk exercising, by virtue of any statutory provision, any of the functions of a single justice; and
(b) with respect to any matter within his jurisdiction.
(2) In this section references to a justices’ clerk include any person appointed by a magistrates’ courts committee to assist a justices’ clerk.
(1) An action shall lie against any justice of the peace or justices’ clerk in respect of any act or omission of his—
(a) in the purported execution of his duty—
(i) as such a justice; or
(ii) as such a clerk exercising, by virtue of any statutory provision, any of the functions of a single justice; but
(b) with respect to a matter which is not within his jurisdiction,
if, but only if, it is proved that he acted in bad faith.
(2) In this section references to a justices’ clerk include any person appointed by a magistrates’ courts committee to assist a justices’ clerk.
53 Where action prohibited, proceedings may be set aside.
If any action is brought in circumstances in which this Part of this Act provides that no action is to lie, a judge of the court in which the action is brought may, on the application of the defendant and upon an affidavit as to the facts, set aside the proceedings in the action, with or without costs, as the judge thinks fit.
(1) A court may not order any justice of the peace or justices’ clerk to pay costs in any proceedings in respect of any act or omission of his in the execution (or purported execution) of his duty—
(a) as such a justice; or
(b) as such a clerk exercising, by virtue of any statutory provision, any of the functions of a single justice.
(2) Subsection (1) above does not apply in relation to—
(a) any proceedings in which a justice or justices’ clerk is being tried for an offence or is appealing against a conviction; or
(b) any proceedings in which it is proved that a justice or justices’ clerk acted in bad faith in respect of the matters giving rise to the proceedings.
(3) Where a court is prevented by subsection (1) above from ordering a justice or justices’ clerk to pay costs in any proceedings, the court may instead order the making by the Lord Chancellor of a payment in respect of the costs of a person in the proceedings.
(4) The Lord Chancellor may by statutory instrument make regulations specifying—
(a) circumstances when a court shall or shall not exercise the power conferred on it by subsection (3) above; and
(b) how the amount of any payment ordered under that subsection is to be determined.
(5) No regulations may be made under subsection (4) above unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
(6) In this section references to a justices’ clerk include any person appointed by a magistrates’ courts committee to assist a justices’ clerk.
54 Indemnification of justices and justices’ clerks.
(1) For the purposes of subsection (2) below, the following amounts are “relevant amounts” in relation to a justice of the peace or justices’ clerk—
(a) any costs which he reasonably incurs—
(i) in or in connection with proceedings . . . in respect of anything done or omitted in the exercise (or purported exercise) of his duty as a justice of the peace or justices’ clerk; or
(ii) in taking steps to dispute any claim which might be made in such proceedings;
(b) any damages awarded against him or costs ordered to be paid by him in any such proceedings; and
(c) any sums payable by him in connection with a reasonable settlement of any such proceedings or claim,
and relevant amounts relate to criminal matters if the duty mentioned in paragraph (a)(i) above relates to criminal matters.
(2) Subject to the provisions of this section, a justice of the peace or justices’ clerk—
(a) shall be indemnified by the appropriate authority in respect of relevant amounts which relate to criminal matters unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith; and
(b) in respect of other relevant amounts—
(i) may be indemnified by the appropriate authorityunless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith; and
(ii) shall be so indemnified if, in respect of the matters giving rise to the proceedings or claim, he acted reasonably and in good faith.
(2A) In subsection (2) above the “appropriate authority” means—
(a) the Greater London Magistrates’ Courts Authority, where at the material time the justice or justices’ clerk was acting for an area consisting of or falling within Greater London; or
(b) the paying authority or authorities, where at the material time the justice or justices’ clerk was acting for an area outside Greater London.
(3) Any question whether, or to what extent, a person is to be indemnified under this section shall be determined by the magistrates’ courts committee for the area for which he acted at the material time.
(4) A determination under subsection (3) above with respect to any such costs or sums as are mentioned in subsection (1)(a) or (c) above may, if the person claiming to be indemnified so requests, be made in advance before those costs are incurred or the settlement made, as the case may be.
(5) Any such determination in advance for indemnity in respect of costs to be incurred shall be subject to such limitations, if any, as the committee think proper and to the subsequent determination of the amount of the costs reasonably incurred and shall not affect any other determination which may fall to be made in connection with the proceedings or claim in question.
(6) An appeal shall lie to a person appointed for the purpose by the Lord Chancellor—
(a) on the part of the person claiming to be indemnified, from any decision of the magistrates’ courts committee under subsection (3) or (4) above, other than a decision to postpone until after the conclusion of the proceedings any determination with respect to his own costs or to impose limitations on making a determination in advance for indemnity in respect of such costs;
(b) on the part of any paying authority, from any determination of the magistrates’ courts committee under subsection (3) above other than a determination in advance for indemnity in respect of costs to be incurred by the person claiming to be indemnified.
(7) Where , in relation to any justice or justices’ clerk acting for an area outside Greater London, there are two or more paying authorities, 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.
(8) The Lord Chancellor may by statutory instrument make rules prescribing the procedure to be followed in any appeal under subsection (6) above; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(9) In this section—
“justices’ clerk” includes any person appointed by a magistrates’ courts committee to assist a justices’ clerk;
. . . ; and
“paying authority”
in relation to any justice or justices’ clerk who at the material time acted for an area outside Greater London, means any authority which is a paying authority for the purposes of section 55 below in relation to the magistrates’ courts committee for that area; and
in relation to a justice or justices’ clerk who at the material time acted for an area consisting of or falling within Greater London, means the council of any London borough or the Common Council of the City of London.
(1) The Greater London Magistrates’ Courts Authority shall provide such petty sessional court-houses and other accommodation, and such goods and services, as they may determine proper for the performance of the Authority’s functions and those of—
(a) the magistrates for Greater London;
(b) any committee of the magistrates for Greater London; and
(c) the justices’ clerks for any part of Greater London.
(2) The Authority may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the function in subsection (1) above; but the Authority may not borrow money except insofar as authorised by any other enactment to do so.
(1) The Lord Chancellor may pay grants to the Greater London Magistrates’ Courts Authority in respect of the Authority’s expenditure.
(2) Grants under this section shall be paid at such times, in such manner and subject to such conditions as the Lord Chancellor may with the concurrence of the Treasury determine.
(3) Each London local authority shall pay to the Authority such amount in respect of—
(a) any kind of the Authority’s expenditure in any year; or
(b) if less, such amount as may, in relation to that kind of expenditure and that year, be for the time being determined by the Lord Chancellor,
as may be determined in accordance with regulations made by the Lord Chancellor by statutory instrument.
(4) The Lord Chancellor may by regulations made by statutory instrument make provision as to the making of payments under subsection (3) above, including provision—
(a) as to whether payments are to be made by instalments or otherwise;
(b) as to the time when payments are to be made;
(c) conferring a right to interest on anything unpaid; and
(d) permitting a London local authority to anticipate a payment under this section when making calculations in accordance with section 32 of the Local Government Finance Act 1992 (originally or by way of substitute).
(5) The Lord Chancellor may with the consent of the Treasury make provision by regulations made by statutory instrument as to how any kind of the Authority’s expenditure is to be determined.
(6) Subject to any such regulations, the Lord Chancellor may direct that in determining any kind of the Authority’s expenditure there shall be taken into account or disregarded, to such extent as may be specified in the direction, such items as may be so specified.
(7) A statutory instrument containing regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7A) References in this section to the Authority’s expenditure do not include expenditure which is, or is to be, met by payments under section 38 of the Vehicles (Crime) Act 2001.
(8) In this section “London local authority” means the council of any London borough or the Common Council of the City of London.
(1) The Greater London Magistrates’ Courts Authority shall consult each London local authority before making any determination under section 59A(1) above or any determination as to—
(a) the salary to be paid to a justices’ clerk or justices’ chief executive and to staff of the Authority; or
(b) the nature and amount of the expenses which the Authority may incur in the discharge of their functions or may authorise to be incurred.
(2) Any London local authority which is aggrieved by such a determination may, within one month from the receipt by the London local authority of written notice of the determination, appeal to the Lord Chancellor, whose decision shall be binding upon the Authority and the London local authority concerned.
(3) In this section, “London local authority” has the same meaning as in section 59B above.
(1) The Greater London Magistrates’ Courts Authority shall keep a fund to be known as the GLMCA fund.
(2) All the Authority’s receipts shall be paid into the GLMCA fund and all the Authority’s expenditure shall be paid out of it.
(3) The Authority shall—
(a) keep accounts of payments made into or out of the GLMCA fund; and
(b) make arrangements for the proper administration of their financial affairs.
(4) The Lord Chancellor may by regulations made by statutory instrument make provision applying—
(a) Part VIII of the Local Government Finance Act 1988 (financial administration); and
(b) Part II of the Audit Commission Act 1998 (accounts and audit of public bodies),
to the Authority, with or without modifications and exceptions.
(5) A statutory instrument containing regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The Lord Chancellor may by statutory instrument make regulations requiring every magistrates’ courts committee, or every specified magistrates’ courts committee, to obtain for the performance of any function referred to in section 55(1) or 59A(1) above—
(a) specified goods or services; or
(b) goods or services of a specified description,
if he considers that it would be in the interests of the efficient and effective administration of magistrates’ courts generally for them to do so.
(2) Regulations made by virtue of subsection (1) above may include provision requiring magistrates’ courts committees to obtain the specified goods or services, or goods or services of the specified description—
(a) from a specified person or person of a specified description;
(b) at or by a specified time; or
(c) both from such a person and at or by such a time.
(3) A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
60A Regulations about payment, accounting and banking.
The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations—
(a) as to the times at which, and the manner in which, a justices’ chief executive shall pay sums payable by him to the Lord Chancellor or any other person;
(b) requiring the keeping and production of accounts by justices’ chief executives in respect of sums received by them (apart from any received on account of their salaries or expenses as such) and for the inspection and audit of the accounts required to be kept; and
(c) requiring justices’ chief executives to use specified banking arrangements or facilities, or banking arrangements or facilities of a specified description, in relation to sums received by them (apart from any received on account of their salaries or expenses as such).
(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.
(3A) It shall also be the duty of inspectors of the magistrates’ courts service—
(a) to inspect and report to the Secretary of State on the performance by the Children and Family Court Advisory and Support Service (referred to in this and the next section as the Service), and the officers of the Service, of their functions; and
(b) to discharge, in connection with those functions or with related functions of any other person, such functions as the Secretary of State may from time to time direct.
(4) Her Majesty’s Chief Inspector of the Magistrates’ Courts Service shall make an annual report to the Lord Chancellor as to the discharge of the functions of the Inspectorate; and the Lord Chancellor shall, within one month of receiving the report, lay a copy of it before each House of Parliament.
(4A) If pursuant to this section a recommendation is made for the taking of any action by a magistrates’ courts committee, the Lord Chancellor may give a direction requiring the committee to take the recommended action within a period specified in the direction.
(5) The Lord Chancellor shall make to or in respect of inspectors of the magistrates’ courts service such payments by way of remuneration, allowances or otherwise as he may with the approval of the Treasury determine.
(1) Subject to subsection (2) below, an inspector of the magistrates’ courts service exercising his functions under section 62 above shall have at all reasonable times—
(a) a right of entry to any court-house or other premises occupied by a magistrates’ courts committee; and
(b) a right to inspect, and take copies of, any records kept by a magistrates’ courts committee, and any other documents containing information relating to the administration of the magistrates’ courts for their area, which he considers relevant to the discharge of his functions.
(2) Subsection (1) above does not entitle an inspector—
(a) to be present when a magistrates’ court is hearing proceedings in private; or
(b) to attend any private deliberations of the justices of the peace.
(2A) An inspector of the magistrates’ courts service exercising his functions under section 62 above shall also have at all reasonable times—
(a) a right of entry to any premises occupied by the Service; and
(b) a right to inspect, and take copies of, any records kept by the Service, and any other documents containing information relating to the performance of the functions of the Service or its officers which he considers relevant to the discharge of his functions.
(3) The records referred to in paragraph (b) of subsection (1) or (2A) above include records kept by means of a computer; and an inspector exercising the power to inspect records conferred by subsection (1) or (2A) above—
(a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and associated apparatus or material which is or has been in use in connection with the records in question; and
(b) may require—
(i) the person by whom or on whose behalf the computer is or has been so used; or
(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such reasonable assistance as he may require.
(1) It shall be the duty of every magistrates’ courts committee, in accordance with arrangements approved by the Lord Chancellor, to make and administer schemes providing for training courses for justices of the peace of their area.
(2) If training courses are not provided for justices of the peace of any area as required by subsection (1) above, the Lord Chancellor may recover from the magistrates’ courts committee in default any expenses which he incurs in providing training courses to make good the default.
(3) The Lord Chancellor may provide training courses for justices’ clerks and for staff of magistrates’ courts committees.