Law

Justices of the Peace Act 1997 (repealed)

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In force since 2005-04-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 100 provisions
  1. Title and introductory text
  2. 1 Commission areas.
  3. 2 London commission areas.
  4. 3 General form of commissions of the peace.
  5. 4 Petty sessions areas.
  6. 5 Appointment and removal of justices of the peace.
  7. 6 Residence qualification.
  8. 7 Supplemental list for England and Wales.
  9. 8 Removal of name from supplemental list.
  10. 9 Effect of entry of name in supplemental list.
  11. 10 Travelling, subsistence and financial loss allowances.
  12. 10A Appointment and tenure.
  13. 10B Deputies.
  14. 10C Status.
  15. 10D Power to discharge functions exercisable by two justices.
  16. 10E Disapplication of restrictions.
  17. 11 Appointment and removal of stipendiary magistrates.
  18. 12 Retirement of stipendiary magistrates.
  19. 13 Acting stipendiary magistrate.
  20. 14 Place of sitting and powers of stipendiary magistrates.
  21. 15 Certain restrictions on magistrates’ courts not to apply to stipendiary magistrates.
  22. 16 Appointment, removal and retirement of metropolitan stipendiary magistrates.
  23. 17 Metropolitan stipendiary magistrates: allocation and sittings etc.
  24. 18 Jurisdiction of metropolitan stipendiary magistrates and lay justices for inner London area.
  25. 19 Acting metropolitan stipendiary magistrate.
  26. 20 Division of work in inner London area.
  27. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  28. 22 Chairman and deputy chairmen of justices.
  29. 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  30. 24 Rules as to chairmanship and size of bench.
  31. 25 Records of justices of the peace.
  32. 26 Greater Manchester, Merseyside and Lancashire.
  33. 27 Introduction.
  34. 27A Committees.
  35. 27B Alteration of committee areas.
  36. 28 Constitution of committees.
  37. 29 Regulations about committees.
  38. 30 Supplementary provisions about committees.
  39. 30A Greater London Magistrates’ Courts Authority.
  40. 30B Regulations about Authority.
  41. 30C Procedure of Authority.
  42. 31A Execution of warrants.
  43. 31 General powers and duties of magistrates’ courts committees.
  44. 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  45. 32A Alteration of commission areas.
  46. 33 Alteration of petty sessions areas.
  47. 34 Procedure relating to s. 33.
  48. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  49. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  50. 37 Reports and plans.
  51. 38 Default powers.
  52. 39 Studies by Audit Commission.
  53. 39A Code of conduct for members etc.
  54. 39B Non-compliance with code.
  55. 40 Appointment of justices’ chief executive.
  56. 41 Role of justices’ chief executive.
  57. 41A Justices’ chief executive as collecting officer.
  58. 42 Appointment and removal of justices’ clerks.
  59. 43 Qualifications for appointment as justices’ clerk.
  60. 44 Terms of employment of justices’ chief executives, justices’ clerks and staff.
  61. 45 General powers and duties of justices’ clerks.
  62. 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  63. 47 Person acting as substitute clerk to justices.
  64. 48 Independence of justices’ clerks and staff exercising legal functions.
  65. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  66. 50 Pensions etc. of justices’ chief executive, justices’ clerks and staff in inner London area.
  67. 51 Immunity for acts within jurisdiction.
  68. 52 Immunity for certain acts beyond jurisdiction.
  69. 53 Where action prohibited, proceedings may be set aside.
  70. 53A Costs in legal proceedings.
  71. 54 Indemnification of justices and justices’ clerks.
  72. 59A Functions.
  73. 59B Funding.
  74. 59C Consultation.
  75. 59D Accounting.
  76. 59E Standard goods and services.
  77. 60A Regulations about payment, accounting and banking.
  78. 62 Inspectors of the magistrates’ courts service.
  79. 63 Powers of inspectors.
  80. 64 Training courses.
  81. 64A Disqualifying offices
  82. 65 Disqualification in case of bankruptcy.
  83. 66 Disqualification in certain cases of justices who are members of local authorities.
  84. 67 Justices not disqualified by reason of liability to local taxation.
  85. 68 Acts done by justices outside their commission area.
  86. 68A Provision of accommodation for justices and staff.
  87. 69 Promissory oaths of certain justices.
  88. 70 Application of enactments to the City of London.
  89. 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  90. 72 Interpretation.
  91. 73 Transitional provisions, consequential amendments and repeals.
  92. 74 Commencement.
  93. 75 Short title and extent.
  94. SCHEDULE 1
  95. SCHEDULE 2
  96. SCHEDULE 3
  97. SCHEDULE 4 Transitional provisions and savings
  98. SCHEDULE 5 Consequential amendments
  99. SCHEDULE 6 Repeals and revocations
  100. TABLE OF DERIVATIONS

Proposed changes to this act

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100 provisions

64A Disqualifying offices

The person who is the chairman of the Independent Police Complaints Commission an any person who is otherwise a member of that Commission or a member of its staff is disqualified for being appointed or acting as a justice of the peace.

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65 Disqualification in case of bankruptcy.

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66 Disqualification in certain cases of justices who are members of local authorities.

(1) A justice of the peace who is a member of a local authority shall not act as a member of the Crown Court or of a magistrates’ court in any proceedings brought by or against, or by way of appeal from a decision of, the authority , any committee or officer of the authority or in the case of a local authority which are operating executive arrangements the executive of that authority or any person acting on behalf of that executive. (2) For the purposes of subsection (1) above— (a) any reference to a committee of a local authority includes a joint committee, joint board, joint authority or other combined body of which that authority is a member or on which it is represented; and (b) any reference to an officer of a local authority refers to a person employed or appointed by the authority, or by a committee of the authority, in the capacity in which he is employed or appointed to act. (3) A justice of the peace who is a member of the Common Council of the City of London shall not act as a member of the Crown Court or of a magistrates’ court in any proceedings brought by or against, or by way of appeal from a decision of, the Corporation of the City or the Common Council or any committee or officer of the Corporation or Common Council. (4) Subsection (2) above applies for the purposes of subsection (3) above with the substitution, for references to a local authority, of references to the Corporation or the Common Council. (5) Nothing in this section prevents a justice from acting in any proceedings by reason only of their being brought by a police officer. (6) No act shall be invalidated by reason only of the disqualification under this section of the person acting. (7) In this section “local authority” means— (a) a local authority within the meaning of the Local Government Act 1972 or the Local Government (Scotland) Act 1973; (b) a police authority established under section 3 of the Police Act 1996; (bza) the Metropolitan Police Authority; (ba) the Service Authority for the National Criminal Intelligence Service; (bb) the Service Authority for the National Crime Squad; (c) a joint authority established by Part IV of the Local Government Act 1985; (cc) the London Fire and Emergency Planning Authority; (d) a housing action trust established under Part III of the Housing Act 1988; (e) the Broads Authority; and (f) a National Park authority. (8) In this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.

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67 Justices not disqualified by reason of liability to local taxation.

A justice of the peace may perform any act in the execution of his office as such a justice in relation to the laws concerning— (a) rates leviable by a rating authority; (aa) BID levy (within the meaning of Part 4 of the Local Government Act 2003), (b) community charges of a charging authority; (c) council tax set by a billing authority; or (d) the non-domestic rate of a special authority within the meaning of section 144(6) of the Local Government Finance Act 1988, even though he is rated to or chargeable with any rates falling within paragraph (a) above or is liable, or would but for any enactment or anything provided or done under any enactment be liable, to pay an amount in respect of any levy, charge, tax or rate falling within paragraphs (aa) to (d) above in the area affected by the act in question.

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68 Acts done by justices outside their commission area.

(1) A justice of the peace for any commission area may act as a justice for that area in any commission area which adjoins the commission area for which he is a justice. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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68A Provision of accommodation for justices and staff.

Any accommodation provided under any enactment 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 treated as being in that area for the purposes of the jurisdiction of the justices when acting in the court-house.

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69 Promissory oaths of certain justices.

(1) Subject to the provisions of this section, any person who, under this Act, is a justice of the peace for any area by virtue of any other office held by him shall, before acting as such a justice, take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Acts. (2) A person shall not be required by virtue of subsection (1) above to take those oaths as a justice of the peace by reason only of his being appointed under this Act to act temporarily as deputy for, or as if he were, the holder of another office to which that subsection applies; but those oaths may be taken by and administered to any such person despite anything in the Promissory Oaths Acts or any other enactment. (3) A person shall not be required, on becoming a justice of the peace for any area, to take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Acts if he has at any time done so as justice of the peace for that or any other area. (4) The oaths required by law to be taken by a Deputy District Judge (Magistrates’ Courts) may be taken before any District Judge (Magistrates’ Courts). (5) In this section “the Promissory Oaths Acts” means the Promissory Oaths Act 1868 and the Promissory Oaths Act 1871.

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70 Application of enactments to the City of London.

(1) . . . In any enactment relating to justices of the peace, magistrates’ courts, justices’ clerks or matters connected therewith (including, except to the extent that it otherwise expressly provides, any such enactment passed after the passing of this Act)— (a) any reference to a county . . . shall be taken to include the City of London . . .; and (b) any reference to a county council shall be taken to include the Corporation of the City acting through the Common Council, and references to a county fund shall be taken to include the City fund; but in any such enactment which refers in the same context both to a non-metropolitan county and to a metropolitan district, the reference to a non-metropolitan county shall be taken to include the City. (2) Where any such enactment (including any enactment contained in this Act) expressly refers in the same context both— (a) to a county or non-metropolitan county . . .; and (b) to the City . . ., the operation of that enactment shall not be affected by, and shall be without prejudice to the generality of, subsection (1) above.

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71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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72 Interpretation.

(1) In this Act, except to the extent that the context otherwise requires— “capital expenditure” means expenditure which is capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance); . . . . . . “justices’ clerk” means a clerk to the justices for a petty sessions area; . . . “magistrate”— 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; 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 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; . . . “officer” includes the holder of any place, situation or employment, and “office” shall be construed accordingly; “petty sessional court-house” means— a court-house or place at which justices are accustomed to assemble for holding special or petty sessions or for the time being appointed as a substitute for such a court-house or place (including, where justices are accustomed to assemble for either special or petty sessions at more than one court-house or place in a petty sessions area, any such court-house or place); or a court-house or place at which a District Judge (Magistrates’ Courts) is authorised by law to do alone any act authorised to be done by more than one justice of the peace: . . . . . . . . . . . . “the supplemental list” has the meaning given by section 7 above; and “unitary district” means a district comprised in an area for which there is no county council. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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73 Transitional provisions, consequential amendments and repeals.

(1) The transitional provisions and savings in Schedule 4 to this Act shall have effect. (2) The enactments and instruments mentioned in Schedule 5 to this Act shall be amended in accordance with that Schedule. (3) The enactments mentioned in Schedule 6 to this Act shall be repealed, and the instruments mentioned in that Schedule shall be revoked, to the extent specified in the third column of that Schedule.

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74 Commencement.

(1) Subject to— (a) subsection (2) below; and (b) paragraphs 7(2)(f) and 8 of Schedule 4 to this Act, this Act shall come into force at the end of the period of three months beginning with the day on which it is passed (and any reference in this Act to the commencement of this Act is a reference to its coming into force at the end of that period). (2) If section 82 of and Schedule 7 to the Police and Magistrates’ Courts Act 1994 have not come into force before the commencement of this Act, then section 50 of and Schedule 3 to this Act shall come into force on the relevant commencement date. (3) In subsection (2) above “relevant commencement date” means— (a) if before the commencement of this Act a date on or after the date of that commencement has been appointed by an order under section 94 of the Police and Magistrates’ Courts Act 1994 (commencement and transitional provisions) as the date on which section 82 of and Schedule 7 to that Act are to come into force, the date so appointed; and (b) otherwise, such date as the Lord Chancellor may by order appoint. (4) Subsections (4), (5), (7) and (8) of section 94 of the Police and Magistrates’ Courts Act 1994 shall apply to an order under subsection (3)(b) above as they would apply to an order under subsection (2) of that section.

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75 Short title and extent.

(1) This Act may be cited as the Justices of the Peace Act 1997. (2) Subject to subsections (3) and (4) below, any amendment, repeal or revocation contained in Schedule 5 or 6 to this Act has the same extent as the provision it amends, repeals or revokes. (3) In Schedule 5 to this Act— (a) paragraphs 2 and 5 extend to England and Wales only; and (b) paragraph 9 extends to the United Kingdom. (4) In Schedule 6 to this Act, the repeal of section 70 of the Criminal Procedure and Investigations Act 1996 extends to England and Wales only. (5) Subject to subsections (2) to (4) above, this Act extends to England and Wales only.

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SCHEDULE 1

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SCHEDULE 2

Part I Inner London area Name | Area Inner London area | The inner London boroughs Part II Outer London areas Name | Area North-east London area | The London boroughs of Barking, Havering, Newham, Redbridge and Waltham Forest. South-east London area | The London boroughs of Bexley, Bromley and Croydon. South-west London area | The London boroughs of Kingston upon Thames, Merton, Richmond upon Thames and Sutton. Middlesex area | The London boroughs of Barnet, Brent, Ealing, Enfield, Haringey, Harrow, Hillingdon and Hounslow.

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SCHEDULE 3

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SCHEDULE 4 Transitional provisions and savings

Section 73(1). Part I General provisions Continuity of the law 1 (1) The repeal (or revocation) and re-enactment of provisions by this Act does not affect the continuity of the law. (2) Any subordinate legislation made or other thing done, or having effect as if made or done, under or for the purposes of any provision repealed (or revoked) and re-enacted by this Act shall, if in force or effective immediately before the commencement of the corresponding provision of this Act, have effect thereafter as if made or done under or for the purposes of that corresponding provision. (3) Any reference (express or implied) in this Act or any other enactment or in any instrument or document— (a) to any provision of this Act; or (b) to things done or falling to be done under or for the purposes of any provision of this Act, shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision repealed (or revoked) by this Act had effect, a reference— (i) to that corresponding provision; or (ii) to things done or falling to be done under or for the purposes of that corresponding provision, as the case may be. (4) Any reference (express or implied) in any enactment or in any instrument or document— (a) to any provision repealed (or revoked) and re-enacted by this Act; or (b) to things done or falling to be done under or for the purposes of any such provision, shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference— (i) to that corresponding provision; or (ii) to things done or falling to be done under or for the purposes of that corresponding provision, as the case may be. (5) Without prejudice to the generality of sub-paragraph (4) above, where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments. (6) Sub-paragraphs (1) to (5) above have effect instead of section 17(2) of the Interpretation Act 1978 (but are without prejudice to any other provision of that Act). General saving for old transitional provisions and savings 2 The repeal (or revocation) by this Act of any transitional provision or saving relating to the coming into force of a provision reproduced in this Act does not affect the operation of the transitional provision or saving in so far as it is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act or otherwise. 3 The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings. Use of existing forms, etc. 4 Any reference to an enactment repealed (or revoked) by this Act which is contained in a document made, served or issued on or after the commencement of that repeal (or revocation) shall be construed, except so far as a contrary intention appears, as a reference or, as the context may require, as including a reference to the corresponding provision of this Act. Part II Provisions relating to particular enactments Interpretation 5 In this Part of this Schedule— (a) the “1979 Act” means the Justices of the Peace Act 1979; (b) the “1994 Act” means the Police and Magistrates’ Courts Act 1994; and (c) any reference to the commencement of this Act shall be construed in accordance with section 74(1) of this Act. Petty sessions areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Inner London area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Stipendiary magistrates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Magistrates’ courts committees 13 Any magistrates’ courts committee which was set up in accordance with the provisions of Part II of the 1979 Act for any area and is in existence immediately before the commencement of this Act shall after that commencement be treated as having been set up in accordance with the provisions of Part III of this Act as the magistrates’ courts committee for that area. 14 Without prejudice to the generality of paragraph 1(2) above, the repeal by this Act of section 69 of the 1994 Act does not affect the continued operation of any order made under that section before the commencement of this Act. Justices’ chief executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 16 A person who, immediately before the commencement of this Act, continues to hold office as clerk to a magistrates’ courts committee by virtue of Article 6(1) of the Police and Magistrates’ Courts Act 1994 (Commencement No. 8 and Transitional Provisions) Order 1995 may continue in that appointment until the magistrates’ courts committee have appointed a justices’ chief executive in accordance with section 40(1) of this Act. 16A Any order made before 1st April 1953 under section 30 of the Criminal Justice Administration Act 1914 or section 1 of the Affiliation Orders Act 1914— (a) if it directs payments to be made to any officer of a court of summary jurisdiction, shall have effect as if it directed them to be made to the justices’ chief executive who is the collecting officer of that court; and (b) if it directs payments to be made to any person who is not an officer of a court of summary jurisdiction, shall have effect as if it directed them to be made to the justices’ chief executive who is the collecting officer of the court making the order. Justices’ clerks etc. 17 (1) Section 44(1) of this Act shall not have effect in relation to any person appointed by a magistrates’ courts committee before 1st April 1995 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 on or after that date. (2) Any justices’ clerk in relation to whom, by virtue of sub-paragraph (1) above, section 44(1) of this Act does not have effect shall hold office during the pleasure of the magistrates’ courts committee concerned. (3) Any such justices’ clerk shall be paid a salary for his personal remuneration, and the salary shall be taken to be remuneration for all business which he may by reason of his office as justices’ clerk be called upon to perform, other than any duties as secretary to a licensing planning committee under Part VII of the Licensing Act 1964. (4) Any such justices’ clerk may be paid a single salary in respect of two or more clerkships. (5) Any such justices’ clerk shall, in addition to his salary, be paid the amount of any expenses of a description specified when his salary is determined, being expenses incurred by him with the general or special authority of the magistrates’ courts committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 19 So far as, immediately before the commencement of this Act— (a) section 23(7) of the Justices of the Peace Act 1949 (terms and conditions of employment of persons transferred to magistrates’ courts committee on 1st April 1953); or (b) paragraph 15 of Schedule 3 to the Justices of the Peace Act 1968 (terms and conditions of employment of persons transferred to certain magistrates’ courts committees on 10th November 1969), has effect in relation to any person by virtue of paragraph 11 or 12 of Schedule 1 to the 1979 Act, it shall continue to have effect in relation to him. 20 (1) Any regulations made under— (a) section 42 of the Justices of the Peace Act 1949 (compensation in connection with Parts II and III of that Act); or (b) paragraph 16 of Schedule 3 to the Justices of the Peace Act 1968 (compensation in connection with section 1 of that Act), which are in force immediately before the commencement of this Act by virtue of paragraph 13 of Schedule 1 to the 1979 Act shall continue to have effect and may be revoked or varied notwithstanding the repeal by the 1979 Act of the provisions under which they were made. (2) The reference in sub-paragraph (1)(a) above to section 42 of the Justices of the Peace Act 1949 includes a reference to that section as extended by section 32 of the Administration of Justice Act 1964 (extension for persons not qualified at date of enactment of the Justices of the Peace Act 1949). (3) The functions of a responsible authority mentioned in paragraphs (b) and (c) of section 57(1) of this Act do not include their functions in respect of decisions made by a determining authority before 3rd February 1995 under the Justices of the Peace Act 1949 (Compensation) Regulations 1978. Immunity and indemnification of justices and justices’ clerks 21 Subject to paragraphs 22 and 23 below, the provisions of Part V of this Act shall have effect in relation to anything done, or omitted, before the commencement of this Act as they would have effect in relation to any corresponding thing done, or omitted, after the commencement of this Act. 22 The repeal by this Act of the 1979 Act is subject to paragraph 16(1) of Schedule 19 to the Courts and Legal Services Act 1990 (1979 Act to continue to apply in relation to matters arising before 1st January 1991 as if section 108 of that Act of 1990 (liability of magistrates for damages and costs) had not been enacted). 23 In section 54(2) of this Act— (a) paragraph (a) shall have effect only in relation to things done or omitted on or after 1st October 1996; and (b) in relation to things done or omitted before that date, paragraph (b) shall have effect with the omission of the word “other”. Pensions Act 1995 24 (1) If before the commencement of this Act paragraph 8 of Schedule 5 to the Pensions Act 1995 has not come into force then, until the relevant commencement date, section 55(6)(b)(ii) of this Act shall have effect with the substitution, for the words “contributions equivalent premiums”, of the words “ state scheme premiums ”. (2) In sub-paragraph (1) above, “relevant commencement date” means— (a) if before the commencement of this Act the Secretary of State has made an order under section 180 of the Pensions Act 1995 (commencement) appointing a date on or after the date of that commencement as the date on which paragraph 8 of Schedule 5 to that Act is to come into force, the date so appointed; and (b) otherwise, such date as the Secretary of State may by order appoint. (3) Sections 174 (orders and regulations) and 180(4) of the Pensions Act 1995 shall apply to an order under sub-paragraph (2)(b) above as they would apply to an order under section 180(1) of that Act. Enactments passed before 18th April 1973 25 (1) This paragraph applies where, immediately before the commencement of this Act, any enactment passed or instrument made before the 18th April 1973 has effect by virtue of section 71(3) of the 1979 Act (modifications of certain enactments and instruments) as if it referred to— (a) a person being appointed or removed from office as a justice of the peace in accordance with section 6 of the 1979 Act; or (b) the supplemental list for England and Wales kept under section 8 of the 1979 Act. (2) After the commencement of this Act the enactment or instrument shall have effect as if— (a) any reference to a person appointed justice by a commission of the peace or to a person being removed from a commission of the peace were a reference to his being appointed or removed from office as a justice of the peace in accordance with section 5 of this Act; and (b) any reference to a supplemental list kept by virtue of section 4 of the Justices of the Peace Act 1949 in connection with the commission of the peace for any area were a reference to the supplemental list for England and Wales kept under section 7 of this Act. Justices of the Peace Act 1949, Schedule 2 26 (1) This paragraph applies where, immediately before the commencement of this Act, any reference in Schedule 1 to the 1979 Act to any enactment under which a person held or was treated as holding any office or employment is to be construed by virtue of paragraph 15 of that Schedule as including a reference to any provision of Schedule 2 to the Justices of the Peace Act 1949. (2) Any reference in this Schedule which corresponds to that reference in Schedule 1 to the 1979 Act shall be construed as including a reference to that provision of Schedule 2 to the Justices of the Peace Act 1949. Saving for superannuation provisions 27 (1) Nothing in this Act shall affect any pension rights or other superannuation benefits or the person by whom or the manner in which any pension or other superannuation benefit is to be paid or borne. (2) Sub-paragraph (1) above is subject to sections 55 and 56 of this Act. Saving for amendment of Local Government Act 1974 28 The repeal by this Act of the 1979 Act does not affect the amendment made by paragraph 28 of Schedule 2 to that Act to section 1(6)(a) of the Local Government Act 1974 (rate support grants). Provision made by subordinate legislation 29 Any power which, immediately before the commencement of this Act, is exercisable by order to amend or revoke any provision reproduced in this Schedule of an order made under section 94 of the 1994 Act shall be so exercisable in relation to the corresponding provision of this Schedule.

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SCHEDULE 5 Consequential amendments

Section 73(2). The Sheriffs Act 1887 (c. 55) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 The Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 The Children and Young Persons Act 1933 (c. 12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The London Building Acts (Amendment) Act 1939 (c. xcvii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 The National Assistance Act 1948 (c. 29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 The Marriage Act 1949 (c. 76) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 The Licensing Act 1964 (c. 26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 The Administration of Justice Act 1964 (c. 42) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 The Backing of Warrants (Republic of Ireland) Act 1965 (c. 45) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Immigration Act 1971 (c. 77) 10 In Schedule 2 to the Immigration Act 1971 (control on entry: administrative provisions), in paragraphs 23(3) and 31(4), for the words from “purposes” to “being” there shall be substituted “ purposes of the Justices of the Peace Act 1997 and, in particular, section 60 of that Act, as being ”. The Local Government Act 1972 (c. 70) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 The Criminal Justice Act 1972 (c. 71) 12 In section 51 of the Criminal Justice Act 1972 (execution of process between England and Wales and Scotland), in subsection (4), for the words from “by virtue” to “it has” there shall be substituted “ by virtue of section 45(1) of the Justices of the Peace Act 1997, as it has ”. The Administration of Justice Act 1973 (c. 15) 13 (1) The Administration of Justice Act 1973 shall be amended as follows. (2) For section 5 there shall be substituted— Consequential. 5 Paragraph 7 of Schedule 1 to this Act shall have effect; and the enactments specified in paragraph 10 of that Schedule shall have effect subject to the amendments specified in that paragraph. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In Schedule 1 (consequential provisions), in paragraph 7, for “section 10(2)(a) to (c) of the Justices of the Peace Act 1979” there shall be substituted “ section 9(2)(a) to (c) of the Justices of the Peace Act 1997 ”. The Matrimonial Causes Act 1973 (c. 18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 The Powers of Criminal Courts Act 1973 (c. 62) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 The Solicitors Act 1974 (c. 47) 16 In section 38 of the Solicitors Act 1974 (solicitor who is a justice of the peace not to act in certain proceedings)— (a) in subsection (3), for “section 8 of the Justices of the Peace Act 1979” there shall be substituted “ section 7 of the Justices of the Peace Act 1997 ”; . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The House of Commons Disqualification Act 1975 (c. 24) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 The Magistrates’ Courts Act 1980 (c. 43) 19 (1) The Magistrates’ Courts Act 1980 shall be amended as follows. (2) In each of the provisions of that Act specified in sub-paragraph (3) below, for “the Justices of the Peace Act 1979” there shall be substituted “ the Justices of the Peace Act 1997 ”. (3) The provisions mentioned in sub-paragraph (2) above are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) in section 87 (enforcement of payment of fines by High Court and county court), subsection (4); and (d) in section 87A (fines imposed on companies), subsection (2). (4) In section 139 (disposal of sums adjudged to be paid by conviction), in paragraph (c), for “section 61 of the Justices of the Peace Act 1979” there shall be substituted “ section 60 of the Justices of the Peace Act 1997 ”. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Child Abduction Act 1984 (c. 37) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 The Prosecution of Offences Act 1985 (c. 23) 21 In section 20 of the Prosecution of Offences Act 1985 (regulations), in subsection (5), for “section 61 of the Justices of the Peace Act 1979” there shall be substituted “ section 60 of the Justices of the Peace Act 1997 ”. The Local Government Act 1985 (c. 51) 22 (1) The Local Government Act 1985 shall be amended as follows. (2) In section 99 (disqualification of justices), for “Section 64 of the Justices of the Peace Act 1979” there shall be substituted “ Section 66 of the Justices of the Peace Act 1997 ”. (3) In Schedule 13 (residuary bodies), in paragraph 13, for paragraph (i) there shall be substituted— (i) section 66 of the Justices of the Peace Act 1997; . The Criminal Justice Act 1988 (c. 33) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Legal Aid Act 1988 (c. 34) 24 In Schedule 3 to the Legal Aid Act 1988 (criminal proceedings: enforcement of contribution orders), in paragraph 4— (a) in sub-paragraph (1), for “the Justices of the Peace Act 1979” there shall be substituted “ the Justices of the Peace Act 1997 ”; and (b) in sub-paragraph (2), for “section 61(4) of the Justices of the Peace Act 1979” there shall be substituted “ section 60(4) of the Justices of the Peace Act 1997 ”. The Road Traffic Offenders Act 1988 (c. 53) 25 In section 82 of the Road Traffic Offenders Act 1988 (accounting for fixed penalties)— (a) in subsection (1), for “section 61 (application of fines and fees) of the Justices of the Peace Act 1979” there shall be substituted “ section 60 of the Justices of the Peace Act 1997 (application of fines and fees) ”; (b) in subsection (2)(b), for “section 59 of the Justices of the Peace Act 1979” there shall be substituted “ section 57 of the Justices of the Peace Act 1997 ”; and (c) in subsection (2A), for “the Justices of the Peace Act 1979” there shall be substituted “ the Justices of the Peace Act 1997 ”. The Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4) 26 In Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders), in paragraph 1(3), for “section 61 of the Justices of the Peace Act 1979” there shall be substituted “ section 60 of the Justices of the Peace Act 1997 ”. The Children Act 1989 (c. 41) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 The Computer Misuse Act 1990 (c. 18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 The Criminal Justice Act 1991 (c. 53) 29 (1) The Criminal Justice Act 1991 shall be amended as follows. (2) In section 76 (provision of court security officers), in subsection (6), in the definition of “paying authority”, for “the 1979 Act” there shall be substituted “ the Justices of the Peace Act 1997 ”. (3) In section 92 (interpretation of Part IV), in subsection (2), for “the 1979 Act” there shall be substituted “ the Justices of the Peace Act 1997 ”. The Local Government Finance Act 1992 (c. 14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 The Local Government Act 1992 (c. 19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 The Tribunals and Inquiries Act 1992 (c. 53) 32 In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals), in paragraph 23, for “section 53(3) of the Justices of the Peace Act 1979 (c. 55)” there shall be substituted “ section 54(6) of the Justices of the Peace Act 1997 (c. 25) ”. The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) 33 In section 27 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (interpretation of Part I), in subsection (1), in the definition of “petty sessions area”, for “the Justices of the Peace Act 1979” there shall be substituted “ the Justices of the Peace Act 1997 ”. The Probation Service Act 1993 (c. 47) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 The Local Government (Wales) Act 1994 (c. 19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 The Drug Trafficking Act 1994 (c. 37) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Police Act 1996 (c. 16) 37 (1) The Police Act 1996 shall be amended as follows. (2) In section 5 (reductions in size of police authorities), in subsection (2)(c), for “section 21(1A) of the Justices of the Peace Act 1979” there shall be substituted “ section 29(2) of the Justices of the Peace Act 1997 ”. (3) In Schedule 2 (police authorities)— (a) in paragraph 7, for “section 21(1A) of the Justices of the Peace Act 1979” there shall be substituted “ section 29(2) of the Justices of the Peace Act 1997 ”; and (b) in paragraph 27, for “the Justices of the Peace Act 1979” there shall be substituted “ the Justices of the Peace Act 1997 ”.

Propose a change

SCHEDULE 6 Repeals and revocations

Section 73(3). Part I Repeals Chapter | Short title | Extent of repeal 1973 c. 15. | The Administration of Justice Act 1973. | In Schedule 1, paragraph 3. 1979 c. 55. | The Justices of the Peace Act 1979. | The whole Act. 1980 c. 43. | The Magistrates’ Courts Act 1980. | In Schedule 7, paragraphs 55 and 191 to 197. 1982 c. 53. | The Administration of Justice Act 1982. | Section 65. 1985 c. 51. | The Local Government Act 1985. | Section 12. Section 60(6). In Schedule 14, paragraph 57. 1988 c. 4. | The Norfolk and Suffolk Broads Act 1988. | In Schedule 6, paragraph 20. 1988 c. 33. | The Criminal Justice Act 1988. | Section 164. In Schedule 15, paragraph 63. 1988 c. 41. | The Local Government Finance Act 1988. | In Schedule 12, paragraph 2. 1988 c. 50. | The Housing Act 1988. | In Schedule 17, paragraph 27. 1989 c. 41. | The Children Act 1989. | In Schedule 11, paragraph 7. 1989 c. 43. | The Statute Law (Repeals) Act 1989. | In Schedule 2, paragraph 3. 1990 c. 41. | The Courts and Legal Services Act 1990. | Section 108. Section 117. In Schedule 10, paragraphs 44 and 45. 1991 c. 17. | The Maintenance Enforcement Act 1991. | In Schedule 2, paragraph 4. 1991 c. 53. | The Criminal Justice Act 1991. | Section 93(3) and (4). In section 99(1), the definition of “the 1979 Act”. In Schedule 11, paragraph 40(2)(k). 1992 c. 14. | The Local Government Finance Act 1992. | In Schedule 13, paragraph 48. 1993 c. 8. | The Judicial Pensions and Retirement Act 1993. | In Schedule 6, paragraph 19. 1994 c. 19. | The Local Government (Wales) Act 1994. | In Schedule 2, paragraph 10. 1994 c. 29. | The Police and Magistrates’ Courts Act 1994. | Sections 69 to 90 and 91(2) and (3). In Schedule 4, paragraph 54. Schedule 7. In Schedule 8, Part I. 1995 c. 25. | The Environment Act 1995. | In Schedule 10, paragraph 19. 1995 c. 26. | The Pensions Act 1995. | In Schedule 5, paragraph 8. 1996 c. 16. | The Police Act 1996. | In Schedule 7, paragraph 1(2)(o). 1996 c. 25. | The Criminal Procedure and Investigations Act 1996. | Section 70. Part II Revocations Chapter | Short title | Extent of repeal S.I. 1985/1383. | The Local Government (Magistrates’ Courts etc.) Order 1985. | In the Schedule, paragraph 3. S.I. 1990/531. | The Justices of the Peace Act 1979 (Amendment) Order 1990. | The whole order. S.I. 1994/2594 | The Police and Magistrates’ Courts Act 1994 (Commencement No. 3 and Transitional Provisions) Order 1994 | The whole order. S.I. 1995/42. | The Police and Magistrates’ Courts Act 1994 (Commencement No. 6 and Transitional Provisions) Order 1995. | The whole order. S.I. 1995/685. | The Police and Magistrates’ Courts Act 1994 (Commencement No. 8 and Transitional Provisions) Order 1995. | The whole order. S.I. 1996/674. | The Local Government Changes for England (Magistrates’ Courts) Regulations 1996. | In the Schedule, paragraphs 1 and 4(2). S.I. 1996/675. | The Magistrates’ Courts (Wales) (Consequences of Local Government Changes) Order 1996. | In the Schedule, paragraph 1. S.I. 1996/676. | The Commission Areas (Gwent, Mid Glamorgan and South Glamorgan) Order 1996. | The whole order. S.I. 1996/1924. | The Maximum Number of Stipendiary Magistrates Order 1996. | The whole Order.

Propose a change

TABLE OF DERIVATIONS

Notes: 1 This Table shows the derivation of the provisions of the Act. 2 The following abbreviations are used in the Table:— Acts of Parliament 1979 | = Justices of the Peace Act 1979 (c.55) 1994 | = Police and Magistrates’ Courts Act 1994 (c.29) Subordinate legislation 1996/674 | = Local Government Changes for England (Magistrates’ Courts) Regulations 1996 (S.I. 1996/674) 1996/675 | = Magistrates’ Courts (Wales) (Consequences of Local Government Changes) Order 1996 (S.I. 1996/675) 3 The functions of the Secretary of State under 1979 were transferred to the Lord Chancellor by the Transfer of Functions (Magistrates’ Courts and Family Law) Order 1992 (S.I. 1992/709) Art.2(1)(a). Provision | Derivation 1(1) | 1979 s.1(a), (b), (c); 1996/674 Sch. para.1(1)(c). (2)(a) | Drafting. (b) | 1979 s.1(aa); Local Government (Wales) Act 1994 (c.19) Sch.2 para.10(1); drafting. (3) | 1979 s.1; 1996/674 Sch. para.1(1)(d). 2(1), (2) | 1979 s.2(1). (3) to (5) | 1979 s.3. 3 | 1979 s.5(1). 4(1)(a) | 1979 s.4(1)(a), (c), (1A), (2)(b), (d); Local Government Act 1985 (c.51) s.12(2); Local Government (Wales) Act 1994 (c.19) Sch.2 para.10(2); 1996/674 Sch. para.1(2). (b) | 1979 s.4(1)(b), (d), (1A), (2)(c), (e); Local Government Act 1985 (c.51) s.12(2); Local Government (Wales) Act 1994 (c.19) Sch.2 para.10(2); 1996/674 Sch. para.1(2). (c) | 1979 s.4(2)(f); Local Government Act 1985 (c.51) s.12(2). (2) | 1979 s.4(1), (1A), (2)(b) to (e), Local Government Act 1985 (c.51) s.12(2); Local Government (Wales) Act 1994 (c.19) Sch.2 para.10(2); 1996/674 Sch. para.1(2). 5(1) | 1979 s.6(1); Administration of Justice Act 1982 (c.53) s.65. (2) | 1979 s.6(2). 6 | 1979 s.7. 7 | 1979 s.8. 8(1)(a) | 1979 s.9(1). (b) | 1979 s.9(2). (2) | 1979 s.9(2). 9 | 1979 s.10. 10(1), (2) | 1979 s.12(1), (2). (3) | 1979 s.12(3). (4) | 1979 s.12(3). (5) | 1979 s.12(4); Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670). (6) | 1979 s.12(5). (7)(a) | 1979 s.12(5)(a). (b) | 1979 s.12(5)(c); Local Government Act 1985 (c.51) s.12(3). (c) | 1979 s.12(5)(e). (d) | 1979 s.12(5)(b), (d), (f); 1994 Sch.8 para.1(2); 1996/674 Sch. para.1(3)(b); 1996/675 Sch. para.1(2). (8) | 1979 s.12(5)(b), (d), (f); 1994 Sch.8 para.1(2); 1996/674 Sch. para.1(3)(b); 1996/675 Sch. para.1(2). (9) | 1979 s.12(5A); 1994 Sch.8 para.1(3); 1996/674 Sch. para.1(3)(c). (10) | 1979 s.12(6). (11) | 1979 s.12(7). (12) | 1979 s.69A; 1994 s.90. 11(1) | 1979 s.13(1); Courts and Legal Services Act 1990 (c.41) Sch.10 para.44(1). (2), (3) | 1979 s.13(2), (3). (4) | 1979 s.13(4); Maximum Number of Stipendiary Magistrates Order 1996 (S.I. 1996/1924) Art.2. (5) | 1979 s.13(5). 12(1) | 1979 s.14(1A); Judicial Pensions and Retirement Act 1993 (c.8) Sch.6 para.19(2); Judicial Pensions and Retirement Act 1993 (Commencement) Order 1995 (S.I. 1995/631) Art.2. (2) | 1979 s.14(1); Judicial Pensions and Retirement Act 1993 (c.8) Sch.6 para.19(3)(a); Judicial Pensions and Retirement Act 1993 (Commencement) Order 1995 (S.I. 1995/631) Art.2. (3) | 1979 s.14(3); Judicial Pensions and Retirement Act 1993 (c.8) s.26(10), Sch.6 para.19(5). 13(1), (2) | 1979 s.15(1), (2). (3) | 1979 s.15(2A); Courts and Legal Services Act 1990 (c.41) s.108(4); drafting. (4) | 1979 s.15(3); Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670). 14(1) | 1979 s.16(2). (2) | 1979 s.16(3), (4). (3) | 1979 s.16(3). (4) | 1979 s.16(3). (5) | 1979 s.16(5) (6) | 1979 s.16(4). (7) | 1979 s.16(5); Magistrates’ Courts Act 1980 (c.43) Sch.7 para.191(b); Children Act 1989 (c.41) Sch.11 para.7(a). 15(1) | 1979 s.16(1); Magistrates’ Courts Act 1980 (c.43) Sch.7 para.191(a). (2) | 1979 s.16(5); Magistrates’ Courts Act 1980 (c.43) Sch.7 para.191(b); Children Act 1989 (c.41) Sch.11 para.7(a). 16(1) | 1979 s.31(1). (2) | 1979 s.31(2); Courts and Legal Services Act 1990 (c.41) Sch.10 para.44(2). (3) | 1979 s.31(3). (4) | 1979 s.31(4); drafting. (5) | 1979 s.31(6). (6) | 1979 s.31(7). 17(1) | 1979 s.32(1); 1994 Sch.8 para.14. (2), (3) | 1979 s.32(2), (3). 18(1) | 1979 s.33(2). (2) | 1979 s.33(1). (3)(a) | 1979 s.33(2). (b) | 1979 s.33(3). (4) | 1979 s.33(3); drafting. (5) | 1979 s.33(3). (6) | 1979 s.33(4). (7) | Drafting. 19(1) | 1979 s.34(1); Courts and Legal Services Act 1990 (c.41) Sch.10 para.44(2). (2) | 1979 s.34(2). (3) | 1979 s.34(2A); Courts and Legal Services Act 1990 (c.41) s.108(5); drafting. (4) | 1979 s.34(3); Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670). 20(1) | 1979 s.34A(1); 1994 s.81. (2) | 1979 s.34A(1); 1994 s.81. (3) to (6) | 1979 s.34A(2) to (5); 1994 s.81. 21(1), (2) | 1979 s.39(1), (2). (3) | 1979 s.39(3). 22(1) | 1979 s.17(1); 1994 Sch.8 para.2(2). (2) | 1979 s.17(2); 1994 Sch.8 para.2(3). (3) | 1979 s.17(2A); 1994 Sch.8 para.2(4). (4) | 1979 s.17(3); Children Act 1989 (c.41) Sch.11 para.7(b); Criminal Justice Act 1991 (c.53) s.70. (5) | 1979 s.31(5). 23 | 1979 s.40. 24(1) | 1979 s.18(1). (2)(a) | 1979 s.18(2)(a). (b) | 1979 s.18(2)(b); 1994 Sch.8 para.3(a). (c) to (e) | 1979 s.18(2)(c) to (e); 1994 Sch.8 para.3(b). (3) | 1979 s.18(3). (4) | 1979 s.18(4); Magistrates’ Courts Act 1980 (c.43) Sch.7 para.192. (5) | 1979 s.18(5). 25(1), (2) | 1979 s.11(1), (2). (3) | 1979 s.43; drafting. (4) | 1979 s.11(3). 26 | 1979 s.68; drafting. 27(1) | 1979 s.19(1); 1994 Sch.8 para.4(2). (2) | 1979 s.19(2); 1994 Sch.8 para.4(3); drafting. (a) | 1979 s.19(2)(a); Local Government (Wales) Act 1994 (c.19) Sch.2 para.10(3); 1996/674 Sch. para.1(4). (b) | 1979 s.19(2)(b). (c) | 1979 s.19(2)(c); Local Government Act 1985 (c.51) s.12(4)(b). (d) | 1979 s.19(2)(cc); 1994 s.79(4). (e) | 1979 s.19(2)(d). (3) | 1979 s.19(2)(bb); Local Government (Wales) Act 1994 (c.19) Sch.2 para.10(3); 1994 Sch.8 para.4(3); drafting. 28 | 1979 s.20; 1994 s.70. 29(1) | 1979 s.21(1). (2) | 1979 s.21(1A); 1994 s.71(2). (3), (4) | 1979 s.21(2), (2A); 1994 s.71(3). (5) | 1979 s.21(3). (6) | 1979 s.69A; 1994 s.90. (7) | 1979 s.21(4). 30(1), (2) | 1979 s.22(1), (1A); 1994 s.72(2). (3) | 1979 s.22(3); 1994 Sch.8 para.5. (4) | 1979 s.22(4); 1994 s.72(4). (5) | 1979 s.22(4A); 1994 s.72(5). (6) to (8) | 1979 s.22(5) to (7). (9) to (12) | 1979 s.22(8) to (11); 1994 s.72(6). 31 | 1979 s.22A; 1994 s.73. 32(1) to (9) | 1994 s.69(1) to (9). (10) | 1994 s.69(10); drafting. 33(1) | 1979 s.23(1); 1994 Sch.8 para.6(2). (2) | 1979 s.23(2); 1994 Sch.8 para.6(3). (3) | 1979 s.23(3). (4) | 1979 s.23(4); 1994 Sch.8 para.6(4). (5) | 1979 s.42; 1994 Sch.8 para.17; drafting. (6) | 1979 s.23(5). 34(1)(a) | 1979 s.24(1)(a); Local Government Act 1985 (c.51) s.12(8)(a)(i); 1994 Sch.8 para.7(2)(a), (c); 1996/674 Sch. para.1(5)(a); 1996/675 Sch. para.1(3). (b) | 1979 s.24(1)(b); Local Government Act 1985 (c.51) s.12(8)(a)(ii); 1996/675 Sch. para.1(3); drafting. (2) | 1979 s.24(2). (3) | 1979 s.24(2); Local Government Act 1985 (c.51) s.12(8) (b); 1994 Sch.8 para.7(3)(a), (c); 1996/674 Sch. para.1(5)(a); 1996/675 Sch. para.1(3); drafting. (4) | 1979 s.24(3). (5)(a) | 1979 s.24(1)(a), (2); Local Government Act 1985 (c.51) s.12(8); 1994 Sch.8 para.7(2), (3); 1996/674 Sch. para.1(5)(a); 1996/675 Sch. para.1(3). (b) | 1979 s.24(6)(a); Local Government Act 1985 (c.51) s.12(8)(d); 1996/674 Sch. para.1(5)(b). (c) | 1979 s.70 (“prescribed”) (d) | 1979 s.24(6)(b). 35(1), (2) | 1979 s.24A(1), (2); Criminal Justice Act 1988 (c.33) s.164(2). (3) | 1979 s.24A(2A); 1994 Sch.8 para.8(3). (4) | 1979 s.24A(3); Criminal Justice Act 1988 (c.33) s.164(2). 36(1)(a) | 1979 s.24B(1)(a); Criminal Justice Act 1988 (c.33) s.164(2); 1994 Sch.8 para.9; 1996/674 Sch. para.1(6)(a); 1996/675 Sch. para.1(4). (b) | 1979 s.24B(1)(b); Criminal Justice Act 1988 (c.33) s.164(2); drafting. (2) | 1979 s.24B(2); Criminal Justice Act 1988 (c.33) s.164(2). (3) | 1979 s.24B(2); Criminal Justice Act 1988 (c.33) s.164(2); 1994 Sch.8 para.9; 1996/674 Sch. para.1(6)(a); 1996/675 Sch. para.1(4). (4) | 1979 s.24B(3); Criminal Justice Act 1988 (c.33) s.164(2). (5)(a) | 1979 s.24B(1)(a), (2); Criminal Justice Act 1988 (c.33) s.164(2); 1994 Sch.8 para.9; 1996/674 Sch. para.1(6)(a); 1996/675 Sch. para.1(4). (b) | 1979 s.24B(4)(a); Criminal Justice Act 1988 (c.33) s.164(2); 1996/674 Sch. para.1(6)(b). (c) | 1979 s.70 (“prescribed”). (d) | 1979 s.24B(4)(b); Criminal Justice Act 1988 (c.33) s.164(2). 37(1) to (3) | 1979 s.24C; 1994 s.74. (4) | 1979 ss.69A, 70 (“prescribed”); 1994 s.90. 38 | 1994 s.88. 39 | 1994 s.89. 40(1) to (7) | 1979 s.24D(1) to (7); 1994 s.75. (8) | 1979 ss.24D(8), 69A; 1994 ss.75, 90. 41 | 1979 s.24E; 1994 s.75. 42(1) to (8) | 1979 s.25(1) to (8); 1994 s.76. (9) | 1979 ss.25(9), 69A; 1994 ss.76, 90. 43(a) | 1979 s.26(1)(a), (3); Courts and Legal Services Act 1990 (c.41) Sch.10 para.45; 1994 Sch.8 para.10(3). (b) | 1979 s.26(1)(b). 44(1) | 1979 s.26A(1); 1994 s.77. (2) | 1979 s.27(6); 1994 Sch.8 para.11(3). (3) | 1979 s.27(8); Magistrates’ Courts Act 1980 (c.43) Sch.7 para.193; 1994 Sch.8 para.11(4). 45(1) | 1979 s.28(1); Magistrates’ Courts Act 1980 (c.43) Sch.7 para.194; drafting. (2) | 1979 s.28(1A); Courts and Legal Services Act 1990 (c.41) s.117. (3) | 1979 s.28(2). (4) | 1979 s.28(3). (5) | 1979 s.28(3). (6) | 1979 s.28(3). (7)(a) | 1979 s.28(3). (b) | 1979 s.28(4). 46 | 1979 s.29(1), (2)(b), (3); Magistrates’ Courts Act 1980 (c.43) Sch.7 para.195; Maintenance Enforcement Act 1991 (c.17) Sch.2 para.4. 47(1) | 1979 s.30(1), (2); Magistrates’ Courts Act 1980 (c.43) Sch.7 para.196. (2) | 1979 s.30(3). 48 | 1979 s.30A; 1994 s.78. 49 | 1979 s.34B; 1994 Sch.8 para.15. 50 | 1994 s.82. 51 | 1979 s.44; Courts and Legal Services Act 1990 (c.41) s.108(2). 52 | 1979 s.45; Courts and Legal Services Act 1990 (c.41) s.108(3). 53 | 1979 s.50. 54(1) | 1979 s.53(1), (1A); Criminal Procedure and Investigations Act 1996 (c.25) s.70(1); drafting. (2)(a) | 1979 s.53(1), (1A); Criminal Procedure and Investigations Act 1996 (c.25) s.70(1). (b) | 1979 s.53(1). (3) to (5) | 1979 s.53(2). (6) | 1979 s.53(3); 1994 Sch.8 para.18(2). (7) | 1979 s.53(3A); 1994 Sch.8 para.18(3). (8) | 1979 s.53(4); 1994 Sch.8 para.18(4). (9) | 1979 s.53(5); 1994 Sch.8 para.18(5). 55(1) to (5) | 1979 s.55(1) to (5); 1994 s.83(1). (6) | 1979 s.55(6); 1994 s.83(1); Pensions Act 1995 (c.26) Sch.5 para.8. (7) to (9) | 1979 s.55(7) to (9); 1994 s.83(1). (10) | 1979 s.55(10); 1994 s.83(1); drafting. 56 | 1979 s.56; 1994 s.83(1). 57(1) | 1979 s.59(1); Criminal Justice Act 1991 (c.53) s.93(3); 1994 Sch.8 para.19(2). (2) to (7) | 1979 s.59(2) to (7); Criminal Justice Act 1991 (c.53) s.93(3). (8) | 1979 s.59(8); 1994 Sch.8 para.19(3). 58(1) | 1979 s.59A(1); 1994 s.84; Police and Magistrates’ Courts Act 1994 (Commencement No. 8 and Transitional Provisions) Order 1995 (S.I. 1995/685) Art.4(j). (2) | 1979 s.59A(2); 1994 s.84. 59(1) | 1979 s.62A(1); 1994 s.85. (2) | 1979 ss.62A(2), 69A; 1994 ss.85, 90. 60(1) | 1979 s.61(1); Magistrates’ Courts Act 1980 (c.43) Sch.7 para.197; Criminal Justice Act 1988 (c.33) Sch.15 para.63. (2) to (5) | 1979 s.61(2) to (5). (6) | 1979 s.61(7). 61 | 1979 s.62(1); 1994 Sch.8 para.20. 62 | 1994 s.86(1) to (5). 63 | 1994 s.87. 64(1) | 1979 s.63(1). (2) | 1979 s.63(4). (3) | 1979 s.63(5); 1994 Sch.8 para.21. 65 | 1979 s.63A; Statute Law (Repeals) Act 1989 (c.43) Sch.2 para.3. 66(1), (2) | 1979 s.64(1), (2). (3), (4) | 1979 s.64(3). (5), (6) | 1979 s.64(4), (5). (7) | 1979 s.64(2A), (6); Local Government Act 1985 (c.51) Sch.14 para.57(b); Norfolk and Suffolk Broads Act 1988 (c.4) Sch.6 para.20; Housing Act 1988 (c.50) Sch.17 para.27; 1994 Sch.4 para.54; Environment Act 1995 (c.25) Sch.10 para.19; Police Act 1996 (c.16) Sch.7 para.1(1), (2)(o). 67 | 1979 s.65; Justices of the Peace Act 1979 (Amendment) Order 1990 (S.I. 1990/531) Art.2(2); Local Government Finance Act 1992 (c.14) Sch.13 para.48; drafting. 68(1) | 1979 s.66(1). (2) | 1979 s.66(2); drafting. 69 | 1979 s.67. 70(1) | 1979 ss.24A(2A), 41(1); Local Government Finance Act 1988 (c.41) Sch.12 para.2; 1994 Sch.8 para.8(3); drafting. (2) | 1979 s.41(2). 71 | 1979 s.69; drafting. 72(1) | “capital expenditure”: 1979 s.70 (“capital expenditure”); Criminal Justice Act 1991 (c.53) s.93(4). “commission area”, “justices’ clerk”: 1979 s.70 (“commission area”, “justices’ clerk”). “London commission areas”, “inner London area” and “outer London area”: 1979 s.70 (“London commission areas”, “inner London area” and “outer London areas”). “magistrate”, “magistrates’ courts committee area”: 1979 s.70 (“magistrate”, “magistrates’ courts committee area”); 1994 Sch.8 para.22. “officer”, “petty sessional court-house”, “petty sessions area”: 1979 s.70 (“officer”, “petty sessional court-house”, “petty sessions area”). “preserved county”: 1979 s.70 (“preserved county”); Local Government (Wales) Act 1994 (c.19) Sch.2 para.10(4). “retained county”: 1979 s.70 (“relevant area”); 1996/674 Sch. para.1(7)(a); drafting. “stipendiary magistrate”, “the supplemental list”:1979 s.70 (“stipendiary magistrate”, “the supplemental list”). “unitary district”: 1979 s.70 (“unitary district”); 1996/674 Sch. para.1(7)(b). (2) | Drafting. 73 74 75(1) to (4) (5) | 1979 s.72(3); 1994 s.96(1). Sch. 1 | Commission Areas (Gwent, Mid Glamorgan and South Glamorgan) Order 1996 (S.I. 1996/676) Arts.4, 5. Sch. 2 Part I | 1979 s.2(1)(a). Part II | 1979 s.2(1)(b) to (e). Sch. 3, 1 | 1994 Sch.7 para.1; drafting. 2 to 6 | 1994 Sch.7 para.2 to 6. Sch. 4, 1 to 5 6 | 1979 Sch.1 para.9; drafting. 7(1) (2)(a) (b) | Police and Magistrates’ Courts Act 1994 (Commencement No.8 and Transitional Provisions) Order 1995 (S.I. 1995/685) Art.6(2)(a). (c) (d) | Police and Magistrates’ Courts Act 1994 (Commencement No.8 and Transitional Provisions) Order 1995 (S.I. 1995/685) Art.6(2)(b), (c). (e) | Police and Magistrates’ Courts Act 1994 (Commencement No.8 and Transitional Provisions) Order 1995 (S.I. 1995/685) Art.6(2)(c). (f) (3) to (8) 8, 9 10 | 1994 s.79(2), (3). 11(1), (2) | 1994 s.80(2) to (4). (3) | 1994 s.80(5), (6); drafting. (4) | 1994 s.80(7); Police and Magistrates’ Courts (Commencement No. 8 and Transitional Provisions) Order 1995 (S.I. 1995/685) Art.4(f). 12(1), (2) (3), (4) | 1979 Sch.1 para.8; drafting. (5) 13, 14 15 | Police and Magistrates’ Courts Act 1994 (Commencement No.8 and Transitional Provisions) Order 1995 (S.I. 1995/685) Art.5(4); drafting. 16 | Police and Magistrates’ Courts Act 1994 (Commencement No.8 and Transitional Provisions) Order 1995 (S.I. 1995/685) Art.6(1); drafting. 17(1) | 1979 s.26A(2); 1994 s.77; Police and Magistrates’ Courts Act 1994 (Commencement No.8 and Transitional Provisions) Order 1995 (S.I. 1995/685) Art.4(e). (2) | 1979 s.26A(3); 1994 s.77. (3) to (5) | 1979 s.27(1), (2), (4); 1994 s.91(2). 18 | 1979 Sch.1 para.14; drafting. 19 | 1979 Sch.1 para.11, 12; drafting. 20(1), (2) | 1979 Sch.1 para.13; drafting. (3) | Police and Magistrates’ Courts Act 1994 (Commencement No.6 and Transitional Provisions) Order 1995 (S.I. 1995/42) Art.3. 21, 22 23 | Criminal Procedure and Investigations Act 1996 (c.25) s.70(2); Criminal Procedure and Investigations Act 1996 (Appointed Day No. 1) Order 1996 (S.I. 1996/2343) Art.2. 24 25 | 1979 s.71(3); drafting. 26 | 1979 Sch.1 para 15; drafting. 27 | 1979 Sch.1 para.17; 1994 Sch.8 para.23. 28, 29 Sch. 5 Sch. 6

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