Police and Magistrates’ Courts Act 1994

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

(1) The Local Government Act 1972 shall be amended as follows. (2) In section 54(1) (changes that may be proposed by Welsh Local Government Boundary Commission) after paragraph (e) there shall be added— “ (f) a change in police areas (including a change resulting in a reduction or increase in the number of police areas) in connection with a change in local government areas ”. (3) In section 58 (implementation of Commission’s reports) after subsection (3) there shall be inserted— (3A) The Secretary of State shall exercise his power to make orders under this section in relation to police areas in such a way as to ensure that no county or county borough is divided between two or more police areas. (4) In section 60 (procedure for reviews)— (a) in subsection (2)(a)(i) (duty to consult local authorities etc.) after the word “area" there shall be inserted the words “ and the police authority for any police area ”; (b) in subsection (2)(c) (duty to deposit documents with councils, etc.) after the words “principal council" there shall be inserted the words “ or police authority ”, and after the word “such" there shall be inserted the word “ principal ”; (c) in subsection (5)(b) (further duty to deposit documents with councils, etc.) after the words “principal council" there shall be inserted the words “ or police authority ”, and after the word “such" there shall be inserted the word “ principal ”. (5) In section 67 (provision that may be made by orders), in subsection (5)(b) for the words “and election" there shall be substituted the words “ , election and membership ”.

41 Metropolitan police: assistant commissioners.

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42 Application of Firearms Act 1968 to civilian staff.

In section 54 of the Firearms Act 1968 (application of Act to Crown servants) for subsection (3) (which provides that members of police forces are deemed to be in the service of Her Majesty) there shall be substituted— (3) For the purposes of this section and of any rule of law whereby any provision of this Act does not bind the Crown, a person shall be deemed to be in the service of Her Majesty if he is— (a) a member of a police force, or (b) a person employed by a police authority who is under the direction and control of a chief officer of police.

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

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

44 Minor and consequential amendments.

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

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46 Interpretation of Part I.

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

47 Constitution of police force.

(1) For section 3 of the 1967 Act there shall be substituted— Establishments of police forces 3 (1) A police force shall consist of a chief constable, regular constables and special constables. (2) In subsection (1) above— “regular constables” means constables (including probationary constables) to whom both pay and allowances are, by virtue of section 26 of this Act, payable; and “special constables” means constables to whom allowances only are so payable. . (2) In section 7 of that Act (assignment of ranks)— (a) in subsection (1)— (i) the words “, deputy chief constable" and “, chief superintendent and" shall be omitted; and (ii) after the word “superintendent" there shall be inserted the words “ , chief inspector, inspector, sergeant and constable. ”; and (b) subsection (2) shall be omitted. (3) In section 8(1) (appointment of police cadets), the words “and subject to the approval of the police authority and the Secretary of State as to numbers" shall be omitted. (4) In section 14(1) (extra policing of locality where works are being constructed), the words “(whether by the appointment of temporary constables or otherwise)" shall be omitted. (5) In section 26(2)(d) (regulations as to retirement of certain constables), the words “or temporary" shall be omitted.

48 Deputy and assistant chief constables.

For sections 5 and 5A of the 1967 Act there shall be substituted— Assistant chief constables. 5 (1) The ranks that may be held in a police force maintained under section 1 of this Act shall include that of assistant chief constable (but not that of deputy chief constable); and in every such police force there shall be at least one person holding that rank. (2) Appointments and promotions to the rank of assistant chief constable shall be made, in accordance with regulations under Part II of this Act, by the police authority after consultation with the chief constable and subject to the approval of the Secretary of State. (3) Subsections (4) to (7) of section 4 of this Act shall apply to an assistant chief constable as they apply to a chief constable. (4) A chief constable shall, after consulting the police authority for the area for which his force is maintained, designate a person holding the rank of assistant chief constable to exercise all the powers and duties of the chief constable— (a) during any absence, incapacity or suspension from duty of the chief constable, or (b) during any vacancy in the office of chief constable. (5) No more than one person shall be authorised to act by virtue of a designation under subsection (4) of this section at any one time; and a person so authorised shall not have power to act by virtue of that subsection for a continuous period exceeding three months except with the consent of the Secretary of State. (6) The provisions of subsection (4) of this section shall be in addition to, and not in substitution for, any other enactment which makes provision for the exercise by any other person of powers conferred on a chief constable. .

49 Civilian employees.

For section 9 of the 1967 Act there shall be substituted— Civilian employees. 9 (1) A police authority may employ for the assistance of the constables of a police force maintained for their area, or otherwise to enable the authority to discharge their functions, officers who are not constables. (2) The police authority shall exercise their powers under section 56 (and section 63) of the Local Government (Scotland) Act 1973 so as to secure that, subject to subsection (3) below, any person employed by the authority under subsection (1) above is under the direction and control of the chief constable of the police force. (3) Subsection (2) above shall not apply to such of the persons employed by the authority as may be agreed between the chief constable and the authority or, in the absence of agreement, as may be determined by the Secretary of State. (4) The powers of direction and control referred to in subsection (2) above include the powers of engagement and dismissal. .

50 Provision of advice and assistance to international organisations etc.

After section 12 of the 1967 Act there shall be inserted— Provision of advice and assistance to international organisations etc. 12A (1) Subject to the provisions of this section, a police authority may provide advice and assistance— (a) to an international organisation or institution, or (b) to any other person or body which is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the authority or the chief constable of a force maintained by it. (2) The power conferred on a police authority by subsection (1) of this section includes a power to make arrangements under which a constable of the force maintained for the area of the authority is engaged for a period of temporary service with a person or body within paragraph (a) or (b) of that subsection. (3) The power conferred by subsection (1) of this section shall not be exercised except with the consent of the Secretary of State or in accordance with a general authorisation given by him. (4) A consent or authorisation under subsection (3) above may be given subject to such conditions as the Secretary of State thinks fit. (5) Nothing in this section authorises a police authority to provide any financial assistance by— (a) making a grant or loan, (b) giving a guarantee or indemnity, or (c) investing by acquiring share or loan capital. (6) A police authority may make charges for advice and assistance provided by it under this section. (7) The provisions of this section are without prejudice to the Police (Overseas Service) Act 1945 and section 10 of the Overseas Development and Co-operation Act 1980. .

51 Chief constables’ annual reports.

In section 15(1) of the 1967 Act (submission of general report by chief constable on policing)— (a) for the word “May" there shall be substituted the word “ July ”; (b) for the words “general report in writing on" there shall be substituted the words “ report in writing on such matters as the Secretary of State may prescribe as respects, and generally as respects, ”; and (c) for the words “year ended on 31st December last preceding" there shall be substituted the words “ twelve months ending on 31st March in that year ”.

52 Regulations for police forces.

(1) Section 26 of the 1967 Act (regulations as to government and administration of police forces) shall be amended as follows. (2) In subsection (2) (which lists certain matters with respect to which regulations may be made), for paragraph (e) there shall be substituted— (e) the conduct and efficiency of constables; . (3) After that subsection there shall be inserted— (2A) Without prejudice to the powers conferred by this section, regulations under this section shall— (a) establish, or make provision for the establishment of, procedures for cases in which a constable may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution; and (b) make provision for securing that any case in which a constable who holds a rank above that of superintendent may be dismissed, or dealt with in any of the other ways mentioned in paragraph (a) above, is decided by the police authority of the area for which the force is maintained. (2B) In relation to any matter as to which provision may be made by regulations under this section, the regulations may, subject to subsection (2A)(b) above— (a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief constables or other persons; or (b) authorise or require the delegation by any person of functions conferred on him by or under the regulations. (2C) Without prejudice to the generality of subsection (2A)(a) above, regulations under this section shall specify the circumstances in which, for the purposes of section 40A(2) of this Act, proceedings by virtue of that subsection are to be taken to have commenced. . (4) Subsection (7) shall be omitted.

53 Fixed term appointments etc.

(1) Section 26 of the 1967 Act shall be further amended— (a) by inserting, after the words “administration of” in subsection (1), the words “ , and the conditions of service in, ”; and (b) by inserting after subsection (5)— (5A) Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank. . (2) Section 23 of the 1967 Act (chief constables affected by amalgamations or local government reorganisation) shall be amended as follows— (a) in subsection (2), for the word “deputy" there shall be substituted “ assistant ”; (b) in subsection (3), after the word “Act" there shall be inserted “ and to subsection (3A) below ”; and (c) after subsection (3) there shall be inserted— (3A) If a chief constable was appointed for a term which expires within three months of his becoming a constable of a police force by virtue of this section, subsection (3) above shall have effect as if the reference in it to three months were a reference to that term. .

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

After section 26 of the 1967 Act there shall be inserted— Power to give directions to police authority after adverse report. 26A (1) The Secretary of State may at any time require the inspectors of constabulary to carry out, for the purposes of this section, an inspection under section 33(3) of this Act of any police force maintained under section 1 of this Act. (2) Where a report made to the Secretary of State on an inspection carried out for the purposes of this section states— (a) that, in the opinion of the person making the report, the force inspected is not efficient; or (b) that in his opinion, unless remedial measures are taken, the force will cease to be efficient, the Secretary of State may direct the police authority or joint police committee for the area for which the force is maintained to take such measures as may be specified in the direction. Police efficiency: allocation of funds. 26B Without prejudice to the generality of subsection (2) of section 26A of this Act, the Secretary of State may under that subsection direct a police authority or joint police committee to allocate from their income, to the purpose of ensuring that a police force is efficient, such amounts as he shall specify. Duty of compliance. 26C It shall be the duty of a police authority or joint police committee to comply with any direction given to them under section 26A or 26B of this Act. .

55 Appeals against dismissal etc.

(1) For section 30 of the 1967 Act there shall be substituted— Appeals against dismissal etc. 30 (1) A constable who is dismissed, required to resign or reduced in rank by a decision taken in proceedings under regulations made in accordance with subsection (2A) of section 26 of this Act may appeal to a police appeals tribunal against the decision except where he has a right of appeal to some other person; and in that case he may appeal to such a tribunal from any decision of that other person as a result of which he is dismissed, required to resign or reduced in rank. (2) Where a police appeals tribunal allows an appeal it may, if it considers that it is appropriate to do so, make an order dealing with the appellant in a way— (a) which appears to the tribunal to be less severe than the way in which he was dealt with by the decision appealed against; and (b) in which he could have been dealt with by the person who made that decision. (3) The Secretary of State may make rules as to the procedure on appeals under this section to a police appeals tribunal. (4) Rules made under this section may make provision for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents and may, in particular, apply subsections (4) and (5) of section 210 of the Local Government (Scotland) Act 1973 with such modifications as may be set out in the rules. (5) Schedule 3 to this Act shall have effect in relation to appeals under this section. (6) Rules made under this section may make such supplementary and transitional provision as the Secretary of State thinks necessary or expedient in consequence of the coming into operation of an amalgamation scheme, amending scheme or revoking scheme while an appeal under this section is pending; and without prejudice to the generality of this subsection, such provision may in particular include modifications to Schedule 3 to this Act in that Schedule’s application to any case affected by the making of such a scheme. . (2) For Schedule 3 to the 1967 Act there shall be substituted the Schedule set out in Schedule 6 to this Act.

56 Expenditure in safeguarding national security.

After section 32 of the 1967 Act there shall be inserted— Grants for expenditure on safeguarding national security. 32A (1) The Secretary of State may make grants in respect of expenditure incurred (or to be incurred) by a police authority or joint police committee in connection with safeguarding national security. (2) Grants under this section may be made either unconditionally or subject to conditions. (3) The Secretary of State shall exercise his powers under this section only with the approval of the Treasury. .

57 Duty of inspectors of constabulary.

For subsection (3) of section 33 of the 1967 Act (inspectors of constabulary), there shall be substituted— (3) It shall be the duty of the inspectors of constabulary, on being directed to do so by the Secretary of State, to visit and inquire into any matter concerning or relating to the operation of a police force or of police forces generally; and, without prejudice to the generality of this subsection, such matters may include the state and efficiency of, and of the buildings and equipment used by, the force or forces. .

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

In section 34 of the 1967 Act, for subsection (1) (appointment of assistant inspectors of constabulary and their staff officers) there shall be substituted— (1) The Secretary of State may appoint assistant inspectors of constabulary. (1A) Constables may be appointed under subsection (1) above or to be staff officers to inspectors of constabulary. .

59 Common services.

For section 36 of the 1967 Act there shall be substituted— Common services. 36 (1) After consulting the Joint Central Committee and such bodies or associations as appear to the Secretary of State to be representative of police authorities or of chief constables or superintendents (such consultation being in the following provisions of this section referred to as “relevant consultation”), he may, either directly or indirectly, provide and maintain such facilities and services, or establish and maintain such institutions and organisations, as he considers necessary or expedient for promoting the efficiency of the police. (2) The Secretary of State may, after relevant consultation, by regulations make provision for requiring all police forces in Scotland to use specified facilities or services, or facilities or services of a specified description, (whether or not provided under subsection (1) above) if he considers that it would be in the interests of the efficiency of the police for them to do so. (3) The Secretary of State may, after relevant consultation, by order determine the charges to be payable for facilities and services provided under or by virtue of subsection (1) above, make provision as regards their payment and make provision for the recovery, other than by such charges, of expenses incurred by him in providing the facilities and services. (4) A statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) Any expenses falling on a police authority or joint police committee by virtue of subsection (3) above shall be defrayed in like manner as other expenses incurred for the purposes of this Act by the authority or committee. (6) The Secretary of State may, after relevant consultation, in any order under subsection (3) above apply that order, or any provision of that order, to other expenses specified in the order, being expenses incurred by him for the purposes of police forces generally. .

60 Constables engaged on service outside their force.

After section 38 of the 1967 Act there shall be inserted— Constables engaged on service outside their force. 38A (1) For the purposes of this section “relevant service” means— (a) temporary service on which a person is engaged in accordance with arrangements made under section 12A(2) of this Act, (b) central service (as defined by section 38(5) of this Act) on which a person is engaged with the consent of the appropriate authority, (c) service the expenses of which are payable under section 1(1) of the Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority, (d) service in the Royal Ulster Constabulary, on which a person is engaged with the consent of the Secretary of State and the appropriate authority, or (e) service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority. (2) In subsection (1) of this section “appropriate authority” has the same meaning as in section 38 of this Act. (3) Subject to subsections (4) to (7) of this section, a constable of a police force engaged on relevant service shall be treated as if he were not a constable of that force during that service; but except where a pension, allowance or gratuity becomes payable to him out of money provided by Parliament by virtue of regulations made under the Police Pensions Act 1976— (a) he shall be entitled at the end of the period of relevant service to revert to his police force in the rank in which he was serving immediately before the period began, and (b) he shall be treated as if he had been serving in that force during the period of relevant service for the purposes of any scale prescribed by or under regulations made under section 26 of this Act fixing his rate of pay by reference to his length of service. (4) In the case of relevant service to which subsection (1)(c) of this section refers, the reference in subsection (3) of this section to regulations made under the Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of the Police (Overseas Service) Act 1945. (5) A person may, when engaged on relevant service, be promoted in his police force as if he were serving in that force; and in any such case— (a) the reference in paragraph (a) of subsection (3) of this section to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted, and (b) for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion. (6) A constable who— (a) has completed a period of relevant service within paragraph (a), (b) or (e) of subsection (1) of this section, (b) while engaged on relevant service within paragraph (c) of that subsection, is dismissed from that service by the disciplinary authority established by regulations under section 1 of the Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or (c) while engaged on relevant service within paragraph (d) of that subsection, is dismissed from that service or required to resign as an alternative to dismissal, may be dealt with under regulations made in accordance with subsection (2A) of section 26 of this Act for anything done or omitted while he was engaged on that service as if that service had been service in his police force; and section 30 of this Act shall apply accordingly. (7) For the purposes of subsection (6) of this section a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified, if— (a) in a case within paragraph (b) of that subsection, it is given by the disciplinary authority referred to in that paragraph, or (b) in a case within paragraph (c) of that subsection it is given by or on behalf of the Chief Constable of the Royal Ulster Constabulary, or such person or authority as may be designated for the purposes of this subsection by order of the Secretary of State. .

61 Examination of handling of complaints against constables.

After section 40 of the 1967 Act there shall be inserted— Examination of handling of complaints against constables. 40A (1) Where a member of the public has made a complaint to the chief constable of a police force against a constable of that force the inspectors of constabulary may, at the request of the member of the public, examine the manner in which the chief constable has dealt with the complaint. (2) Where the inspectors of constabulary have carried out an examination under subsection (1) above, they shall report their findings to the person who made the complaint and send a copy of that report to the chief constable and to the constable against whom the complaint was made; and they may direct the chief constable to reconsider the complaint and may instruct him to have regard, in doing so, to such further information as may have become available (whether or not as a result of the examination) after he dealt with the complaint; but no such direction shall be given as respects so much of the complaint as has been, or is, the subject of proceedings against the constable by virtue of section 26(2A)(a) of this Act. (3) On making a direction under subsection (2) above, the inspectors of constabulary shall notify the constable against whom the complaint was made and the person who made it that they have done so; and the outcome of any reconsideration carried out by virtue of that subsection shall be communicated forthwith to the inspectors of constabulary, who shall— (a) report the outcome, and their own findings as regards the outcome, to that constable and to that person; and (b) communicate those findings to the chief constable. (4) Where an examination has been carried out under subsection (1) above— (a) the Secretary of State may require the inspectors of constabulary to submit to him, and (b) the police authority for the area for which the police force in question is maintained may require the inspectors of constabulary to submit to them, a written report concerning that examination and a copy of any report under subsection (3)(a) above consequent on that examination. .

62 Transmission of criminal statistics.

In section 47 of the 1967 Act (criminal statistics)— (a) in subsection (1), for the words “the year to 31st December last preceding" there shall be substituted the words “ such period as the Secretary of State may specify in the direction ”; and (b) for subsection (2) there shall be substituted— (2) The Secretary of State shall prepare such reports as he considers appropriate from such statements as he receives by virtue of subsection (1) above; and he shall lay any such report before Parliament and send a copy of it to each police authority. .

63 Other amendments of 1967 Act.

(1) The 1967 Act shall be amended in accordance with this section. (2) In section 6(2) (application of certain provisions of 1967 Act to constables below rank of assistant chief constable) the words “a deputy chief constable" shall be omitted. (3) In section 7(3) (assignment of lower rank), for the words from “as to" to the end there shall be substituted the words “ made in accordance with section 26(2A) of this Act ”. (4) In section 24 (effect of amalgamation scheme on constables engaged in service other than with their own force)— (a) in subsection (1) for the words from “either" to “transferred force" there shall be substituted the words “ a person is engaged in relevant service within the meaning of section 38A of this Act ”; (b) in subsection (2) for the word “overseas" in each of the three places where it occurs there shall be substituted the word “ relevant ”; and (c) in subsection (3), the words from “and the expression" onwards shall be omitted. (5) In section 31 (requirement for chief constable to retire in interests of efficiency)— (a) in subsection (2)— (i) for the words “a deputy or" there shall be substituted the word “ an ”; and (ii) the words “or deputy" shall be omitted; and (b) in subsection (4), the words “or deputy" shall be omitted. (6) In section 32(1) (payment towards expenses of police authorities and joint police committees) after the words “19(6)" there shall be inserted the words “ , section 32A ”. (7) In section 38— (a) in subsection (3A), for the words “subsection (1) above" there shall be substituted the words “ section 38A(3) of this Act ”; and (b) in subsection (5) (interpretation), in the definition of “central service" for the words “service as a staff officer to the inspectors of constabulary" there shall be substituted the words “ temporary service under section 34 of this Act ”. (8) In section 42(1) (offence of causing disaffection amongst constables), the words “or to commit breaches of discipline" shall be omitted. (9) In section 51 (interpretation)— (a) in subsection (1), the definitions of “regular constable", “special constable" and “temporary constable" shall be omitted; and (b) after subsection (3) there shall be inserted— “ (3A) Any reference in this Act to efficiency or to being efficient shall be construed, except where the context otherwise requires, as including, respectively, a reference to effectiveness or to being effective. ”. (10) In Schedule 2 (transitory provisions for purposes of amalgamation schemes), paragraph 2 shall be omitted.

64 Delegation of functions of Scottish police authority.

In section 63 of the Local Government (Scotland) Act 1973 (arrangements as to police authority functions etc.), after subsection (2) there shall be inserted— (2A) The officers who may discharge functions of a police authority in pursuance of arrangements under section 56(1) or (2) of this Act shall include the chief constable of the police force. (2B) Where, pursuant to arrangements made by virtue of subsection (2A) above, a chief constable may discharge functions of a police authority, he may himself arrange for the discharge of any of the functions in question by a constable of the police force or by a person who is employed by the authority but is not under their direction and control. .

65 Interpretation of Part II.

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

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

(1) Section 25 of the Police Act (Northern Ireland) 1970 (regulations for administration, etc. of Royal Ulster Constabulary) shall be amended as follows. (2) Subsection (5) (Treasury concurrence required for certain regulations) shall be omitted. (3) For subsections (6) and (7) there shall be substituted— (5A) In relation to any matter as to which provision may be made by regulations under this section (other than the matters mentioned in subsection (2)(e) and (f)), the regulations may— (a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Police Authority, the Chief Constable or other persons; or (b) authorise or require the delegation by any person of functions conferred on him by or under the regulations. (5B) Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank. (6) Where regulations under subsection (2)(a) vary the ranks held by members of the Royal Ulster Constabulary, the regulations may make consequential amendments to any statutory provision (including this Act) containing a reference to any rank held by a member of that Constabulary.

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68 Minor and consequential amendments.

(1) The Police Act (Northern Ireland) 1970 shall have effect subject to the following minor and consequential amendments. (2) Section 10(5) (Treasury concurrence required for certain regulations relating to police cadets) shall be omitted. (3) In section 34 (orders and regulations)— (a) for subsection (1) there shall be substituted— (1) Regulations and orders under this Act (other than orders under section 4(3)) shall be subject to annulment in pursuance of a resolution of either House of Parliament and section 5 of the Statutory Instruments Act 1946 shall apply accordingly. ; (b) after subsection (1) there shall be inserted— (1A) The following regulations shall not be made without the concurrence of the Treasury, namely— (a) regulations under section 10 for regulating pensions; (b) regulations under section 25 providing for any of the matters specified in subsection (2)(k) of that section; (c) regulations under section 26 providing for the matter specified in subsection (2)(f) of that section. ; (c) in subsection (3) for the words from “sections" to “reserve constables and" there shall be substituted the words “ section 10(4) (making provision with respect to allowances of ”. (4) In section 35 (interpretation) in the definition of “senior officer" for the words from “means" onwards there shall be substituted the words “ means an officer above the rank of superintendent ”.

69 Alteration of magistrates’ courts committee areas.

(1) A magistrates’ courts committee may at any time submit to the Lord Chancellor written proposals— (a) for the replacement of two or more magistrates’ courts committees (including the committee submitting the proposals) with a single magistrates’ courts committee or with two or more magistrates’ courts committees in relation to areas different from the existing magistrates’ courts committee areas, or (b) for the replacement of the committee submitting the proposals with two or more magistrates’ courts committees. (2) Before submitting such proposals, the magistrates’ courts committee shall consult— (a) the magistrates for their area or any other existing magistrates’ courts committee area to which the proposal relates, (b) any other magistrates’ courts committee to which the proposal relates, and (c) every interested authority. (3) Whether or not proposals have been submitted to him under subsection (1) above, the Lord Chancellor may by order made by statutory instrument provide— (a) for the replacement of two or more magistrates’ courts committees with a single magistrates’ courts committee or with two or more magistrates’ courts committees relating to areas which are different from the existing magistrates’ courts committee areas, or (b) for the replacement of a magistrates’ courts committee with two or more magistrates’ courts committees. (4) The Lord Chancellor shall not make an order under subsection (3) above unless he is satisfied that the making of the order is likely to contribute to an overall increase in the efficiency of the administration of the magistrates’ courts for the magistrates’ courts committee area or areas to which the order relates. (5) Before making an order under subsection (3) above, other than an order which implements proposals submitted to him under subsection (1) above, the Lord Chancellor shall consult— (a) the magistrates for each of the existing magistrates’ courts committee areas to which the order relates, (b) the magistrates’ courts committees to which the proposal relates, and (c) every interested authority. (6) For the purposes of subsection (5) above, an order shall be taken to implement proposals if it implements them without alteration or the departures from the proposals do not, in the opinion of the Lord Chancellor, effect important alterations in the proposals. (7) Where proposals under subsection (1) above or an order under subsection (3) above would (apart from this subsection) divide a petty sessions area between the areas of two or more magistrates’ courts committees, the proposals or order shall provide for a consequential alteration of petty sessions areas. (8) An order under subsection (3) above may contain such consequential and transitional provisions as appear to the Lord Chancellor to be necessary or expedient, including— (a) provision for the transfer of property, rights and liabilities, (b) provision for the management or custody of transferred property (whether real or personal), and (c) provision for any magistrates’ courts committee coming into existence by virtue of the order to be constituted under section 22 of the 1979 Act as a body corporate, and to incur liabilities, before the date on which the functions of any existing magistrates’ courts committee are transferred to it. (9) A statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. (10) In this section— “existing magistrates’ courts committee area” means a magistrates’ courts committee area existing by virtue of— section 19(2) of the 1979 Act (as amended by section 79(4) of this Act), an order made under section 19(3) of that Act before the commencement of this section, or a previous order under subsection (3) above; “interested authority”, in relation to any proposal or order, means the council of every local authority whose area includes any of the existing magistrates’ courts committee areas to which the proposal or order relates, or part of any such area; “local authority” means any unitary authority or any county council so far as they are not a unitary authority; and “unitary authority” means— the council of any county so far as they are the council for an area for which there are no district councils, the council of any district comprised in an area for which there is no county council, a county borough council, a London borough council, or the Common Council of the City of London. (11) Any order made under subsection (3) of section 19 of the 1979 Act (power to establish a single magistrates’ courts committee for a joint committee area) before the commencement of this section shall continue to have effect notwithstanding the repeal of that subsection by this Act, but subject to any subsequent order under subsection (3) above. (12) Until 1st April 1996, the definition of “unitary authority” in subsection (10) above shall have effect with the omission of paragraph (c).

70 Constitution of magistrates’ courts committees.

For section 20 of the 1979 Act there shall be substituted— Constitution of magistrates’ courts committees. 20 (1) A magistrates’ courts committee shall, subject to subsections (2) to (4) below, be composed of magistrates for the area to which the committee relates, chosen in accordance with regulations under section 21 of this Act. (2) Not more than two other members, who need not be justices of the peace, may be either— (a) co-opted by a magistrates’ courts committee to the committee with the approval of the Lord Chancellor, or (b) appointed by the Lord Chancellor to the committee. (3) The chief metropolitan stipendiary magistrate shall by virtue of his office be a member of the inner London magistrates’ courts committee. (4) Until such day as the Lord Chancellor may by order made by statutory instrument appoint, two members of the inner London magistrates’ courts committee shall be other metropolitan stipendiary magistrates appointed by the chief metropolitan stipendiary magistrate. (5) In subsections (3) and (4) above “the inner London magistrates’ courts committee” means the magistrates’ courts committee for an area consisting of or including the whole of the inner London area or, if there is no such committee, every magistrates’ courts committee for any area which consists of or includes any part of the inner London area.

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

(1) Section 21 of the 1979 Act (powers of Lord Chancellor in relation to magistrates’ courts committees) shall be amended as follows. (2) After subsection (1) there shall be inserted— (1A) Any such regulations shall provide for the members referred to in section 20(1) of this Act to be chosen by a selection panel constituted in accordance with the regulations. (3) For subsection (2) there shall be substituted— (2) Any such regulations may— (a) lay down an upper limit for the number of members of a magistrates’ courts committee (inclusive of the members referred to in subsections (2), (3) and (4) of section 20 of this Act), and (b) enable the Lord Chancellor to direct that, in relation to any magistrates’ courts committee to which the direction is given, any members co-opted or appointed under subsection (2) of that section are to be left out of account in applying the upper limit. (2A) Any such regulations may also make different provision in relation to the magistrates’ courts committees for areas which consist of or include the whole or any part of the inner London area from that made in relation to other committees.

72 Supplementary provisions as to magistrates’ courts committees.

(1) Section 22 of the 1979 Act (supplementary provisions as to magistrates’ courts committees) shall be amended in accordance with this section. (2) For subsection (1) there shall be substituted— (1) Subject to subsection (1A) below, a magistrates’ courts committee shall appoint one of their members to be chairman of the committee. (1A) Until such day as the Lord Chancellor may by order made by statutory instrument appoint, the chief metropolitan stipendiary magistrate shall by virtue of his office be the chairman of any magistrates’ courts committee for an area which consists of or includes the whole of the inner London area. (3) Subsection (2) shall be omitted. (4) At the end of subsection (4) there shall be added the words “ which may, if they include at least one member of the committee, also include persons who are not members ”. (5) After subsection (4) there shall be inserted— (4A) A magistrates’ courts committee may also arrange for the discharge of any of their functions— (a) by the chairman of the committee, or (b) by the justices’ chief executive. (6) At the end there shall be added— (8) A magistrates’ courts committee shall, on at least one occasion in every calendar year, admit members of the public to a meeting of the committee. (9) The minutes of proceedings of every meeting of a magistrates’ courts committee shall be open to inspection by members of the public at the offices of the committee, except to the extent that the committee determine that the minutes disclose information of a confidential nature. (10) Copies of any minutes which are open to inspection under subsection (9) above shall be made available to the public on payment of such reasonable fee as the magistrates’ courts committee may in any case determine. (11) A magistrates’ courts committee making a determination under subsection (9) above shall state their reasons for regarding the information in question as being of a confidential nature.

73 General powers and duties of magistrates’ courts committees.

After section 22 of the 1979 Act there shall be inserted— General powers and duties of magistrates’ courts committees. 22A (1) A magistrates’ courts committee shall be responsible for the efficient and effective administration of the magistrates’ courts for their area. (2) A magistrates’ courts committee may, in particular— (a) allocate administrative responsibilities among the justices’ chief executive, the justices’ clerks and the staff of the committee, and (b) determine the administrative procedures to be followed by any of the persons mentioned in paragraph (a) above. (3) It shall be the duty of every magistrates’ courts committee to provide courses of instruction for justices’ clerks and for staff of the committee. (4) The Lord Chancellor may give directions to magistrates’ courts committees requiring each of them, in discharging their responsibilities under subsection (1) above, to meet specified standards of performance. (5) The Lord Chancellor may also give directions to magistrates’ courts committees requiring each of them to take specified steps, at such intervals as may be specified— (a) for the purpose of keeping the magistrates for their area informed as to the activities of the committee, or (b) for the purpose of ascertaining the views of those magistrates on particular matters related to the functions of the committee. (6) In discharging their responsibilities under subsection (1) above, a magistrates’ courts committee shall have regard to the needs of court users who are disabled; and so long as any direction under subsection (4) above is in force the standards of performance required under that subsection must include standards relating to the provision made for such court users. (7) A direction under this section may be given to all magistrates’ courts committees or to one or more particular committees. (8) The Lord Chancellor shall arrange for any direction given under this section to be published in such manner as he thinks fit.

74 Reports and plans.

After section 24B of the 1979 Act there shall be inserted— Reports and plans. 24C (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.

75 Appointment and functions of justices’ chief executive.

After section 24C of the 1979 Act there shall be inserted— Justices’ chief executives, justices’ clerks and staff Appointment of justices’ chief executive. 24D (1) Every magistrates’ courts committee shall appoint a justices’ chief executive. (2) A person may not be appointed as justices’ chief executive unless— (a) the magistrates’ courts committee have submitted to the Lord Chancellor, in accordance with regulations, an application for approval of one or more persons offering themselves for the appointment, (b) the Lord Chancellor has approved one or more of those persons, and (c) the person appointed is a person so approved. (3) For the purposes of subsection (2) above, appointment as justices’ chief executive does not include, in relation to a person employed as such under a contract for a fixed term, re-appointment on the expiry of that term. (4) Where the Lord Chancellor declines to approve any person who is named in an application under subsection (2)(a) above, he shall inform the magistrates’ courts committee of the reasons for his decision. (5) A person may not be appointed as justices’ chief executive unless he is eligible under section 26 of this Act for appointment as justices’ clerk. (6) A person may not be appointed both as justices’ chief executive and as justices’ clerk for a petty sessions area unless the Lord Chancellor has agreed that he may hold both appointments. (7) Where, in accordance with subsection (6) above, a person holds an appointment as justices’ chief executive with an appointment as justices’ clerk for a petty sessions area, he shall not exercise any functions as justices’ clerk for the petty sessions area unless authorised to do so (either generally or in any particular case) by the magistrates’ courts committee for the area which includes that petty sessions area. (8) In this section “regulations” means regulations made by the Lord Chancellor by statutory instrument. Functions of justices’ chief executive. 24E (1) The justices’ chief executive in relation to any magistrates’ courts committee shall— (a) act as clerk to the committee, and (b) subject to and in accordance with any directions given by the committee, carry on the day to day administration of the magistrates’ courts for the area to which the committee relates. (2) A justices’ chief executive may arrange for his functions under subsection (1)(a) above to be exercised by any member of the staff of the magistrates’ courts committee. (3) It shall be the duty of the justices’ chief executive to make arrangements for discussions relating to law, practice and procedure among the justices’ clerks for petty sessions areas within the area of the committee.

76 Appointment and removal of justices’ clerks.

For section 25 of the 1979 Act (and the heading “Justices’ clerks and their staffs" immediately preceding it) there shall be substituted— Appointment and removal of justices’ clerks. 25 (1) Justices’ clerks shall be appointed by the magistrates’ courts committee; and a magistrates’ courts committee may appoint more than one justices’ clerk for any petty sessions area. (2) A person may not be appointed as justices’ clerk unless— (a) the magistrates’ courts committee have submitted to the Lord Chancellor, in accordance with regulations, an application for approval of one or more persons offering themselves for the appointment, (b) the Lord Chancellor has approved one or more of those persons, and (c) the person appointed is a person so approved. (3) For the purposes of subsection (2) above, appointment as justices’ clerk does not include, in relation to a person employed as such under a contract for a fixed term, re-appointment on the expiry of that term. (4) Where the Lord Chancellor declines to approve any person who is named in an application under subsection (2)(a) above, he shall inform the magistrates’ courts committee of the reasons for his decision. (5) The approval of the Lord Chancellor shall be required— (a) for any decision to increase the number of justices’ clerks in a petty sessions area or to have more than one justices’ clerk in a new petty sessions area, or (b) for the removal of the justices’ clerk for a petty sessions area where the magistrates for the area do not consent to the removal. (6) A magistrates’ courts committee shall consult the magistrates for any petty sessions area— (a) on the appointment of a justices’ clerk for the area, except in the case of a re-appointment on the expiry of a fixed term, or (b) on the removal of a justices’ clerk for the area. (7) Before— (a) approving any persons under subsection (2) above, or (b) approving the removal of a justices’ clerk, the Lord Chancellor shall consider any representations made to him by the magistrates for the petty sessions area concerned; and before approving the removal of a justices’ clerk the Lord Chancellor shall also consider any representations made to him by the clerk. (8) For the purposes of subsections (5) to (7) above, removal as justices’ clerk shall be taken to include, in relation to a person employed as such under a contract for a fixed term, the expiry of that term without renewal in any case where the clerk has not consented to the failure to renew. (9) In this section “regulations” means regulations made by the Lord Chancellor by statutory instrument.

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

After section 26 of the 1979 Act there shall be inserted— Justices’ chief executives and justices’ clerks to be employed under contracts of service. 26A (1) Except as provided by this Act, a justices’ chief executive or justices’ clerk— (a) shall be employed by the magistrates’ courts committee, on such terms as they may determine, and (b) shall hold and vacate office in accordance with the terms of his contract of service. (2) Subsection (1) above shall not have effect in relation to any person appointed by a magistrates’ courts committee before the commencement of this section as justices’ clerk for a petty sessions area so long as he— (a) continues to hold office as a justices’ clerk for that area or for any one or more petty sessions areas including any part of that area, and (b) has not entered into a contract of service after the commencement of this section. (3) Any justices’ clerk in relation to whom, by virtue of subsection (2) above, subsection (1) above does not have effect shall hold office during the pleasure of the magistrates’ courts committee concerned.

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

After section 30 of the 1979 Act there shall be inserted— Independence of justices’ clerk and staff in relation to legal functions. 30A (1) When exercising the functions specified in subsection (2) below or giving advice to justices of the peace in an individual case— (a) a justices’ clerk shall not be subject to the direction of the magistrates’ courts committee, the justices’ chief executive or any other person, and (b) any member of the staff of a magistrates’ courts committee shall not be subject to the direction of that committee or of the justices’ chief executive (when acting as such). (2) The functions referred to in subsection (1) above are functions conferred by rules made in accordance with section 144 of the Magistrates’ Courts Act 1980 by virtue of section 28(1) or (1A) of this Act.

79 Magistrates’ courts committee for inner London area.

(1) Section 35 of the 1979 Act (under which the committee of magistrates for the inner London area is constituted) shall cease to have effect. (2) The body corporate constituted under that section shall remain in existence, but as a magistrates’ courts committee for the inner London area constituted in accordance with Part II of the 1979 Act. (3) Any reference in any document to the committee of magistrates shall have effect, in relation to any time after the commencement of subsection (2) above, as a reference to the magistrates’ courts committee for the inner London area. (4) In section 19(2) of the 1979 Act (areas to which magistrates’ courts committees relate) for the word “and" at the end of paragraph (c) there shall be substituted the words— (cc) the inner London area; and . (5) Section 38(2) of the 1979 Act (which confers administrative functions on the chief metropolitan stipendiary magistrate) shall cease to have effect. (6) Subsections (2) and (3) above have effect subject to any order made under section 69 of this Act after the commencement of subsection (2) above.