32 Allocation and sittings of metropolitan stipendiary magistrates.
(1) The Lord Chancellor may assign metropolitan stipendiary magistrates to petty sessional divisions of the inner London area and may alter any assignment under this subsection; but the assignment of a magistrate to a particular division shall not preclude him from exercising jurisdiction for any other division of the inner London area.
(2) Metropolitan stipendiary magistrates shall sit at such courthouses provided for the inner London area under the following provisions of this Act, on such days and at such times as may be determined by, or in accordance with, directions given by the Lord Chancellor from time to time.
(3) The chief metropolitan stipendiary magistrate shall cause to be held, at least once in every quarter of a year, a meeting of all the metropolitan stipendiary magistrates, or such of them as are able to attend, and, if present, shall preside over the meeting.
33 Jurisdiction of metropolitan stipendiary magistrates and lay justices.
(1) In the inner London area the jurisdiction conferred on justices of the peace by any enactment, by their commission or by the common law shall be exercisable both by metropolitan stipendiary magistrates and by justices of the peace for that area who are not metropolitan stipendiary magistrates (hereafter in this Part of this Act referred to as “lay justices”).
(2) Metropolitan stipendiary magistrates shall continue to exercise the jurisdiction conferred on them as such by any enactment; and the inner London area (having taken the place of the metropolitan stipendiary courts area) shall continue to be the area for which magistrates’ courts are to be held by metropolitan stipendiary magistrates.
(3) Lay justices for the inner London area may, in addition to exercising the jurisdiction mentioned in subsection (1) above, exercise the jurisdiction conferred on metropolitan stipendiary magistrates as such by any enactment except the following, that is to say—
(a) the Extradition Acts 1870 to 1935;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) section 25 of the Children and Young Persons Act 1933 (restrictions on persons under 18 going abroad for the purpose of performing for profit); and
(d) the Fugitive Offenders Act 1967;
but a magistrates’ court consisting of lay justices for the inner London area shall not by virtue of this subsection try an information summarily or hear a complaint except when composed of at least two justices.
(4) Without prejudice to subsection (1) above, subsections (3) to (5) of section 16 of this Act shall have effect in relation to a metropolitan stipendiary magistrate as they have effect in relation to a stipendiary magistrate appointed under section 13 of this Act.
(1) If it appears to the Lord Chancellor that it is expedient to do so in order to avoid delays in the administration of justice in the inner London area, he may authorise any person, who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990, to act as a metropolitan stipendiary magistrate during such period (not exceeding three months at any one time) as the Lord Chancellor thinks fit.
(2) All things required or authorised by law to be done by, to or before a metropolitan stipendiary magistrate may be done by, to or before any person acting as such in pursuance of this section.
(2A) Sections 44, 45 and 53 of this Act shall apply to a person acting as a metropolitan stipendiary magistrate under subsection (1) as they apply to a metropolitan stipendiary magistrate.
(3) The Lord Chancellor may, out of moneys provided by Parliament, pay to any person authorised to act under this section such remuneration as he may, with the approval of the Minister for the Civil Service, determine.
(1) There shall be established for the purposes of this section a committee consisting of the following members—
(a) the chief metropolitan stipendiary magistrate,
(b) six lay justices appointed by the chairmen of the petty sessional divisions of the inner London area, and
(c) six metropolitan stipendiary magistrates appointed by the chief metropolitan stipendiary magistrate.
(2) The lay justices eligible for appointment under paragraph (b) of subsection (1) above include any of the chairmen referred to in that paragraph.
(3) The members of the committee shall hold office for a period of twelve months, but shall be eligible for re-appointment.
(4) The chief metropolitan stipendiary magistrate shall be the chairman of the committee.
(5) It shall be the duty of the committee—
(a) to keep under consideration the division of work in the inner London area between the metropolitan stipendiary magistrates and the lay justices, and
(b) to give general directions to any magistrates’ courts committee for any area which consists of or includes the whole or any part of the inner London area as to the division of the work.
34B Appointment of justices’ clerks for youth courts and family proceedings courts.
(1) The inner London magistrates’ courts committee shall appoint one or more justices’ clerks for the youth courts and family proceedings courts for the metropolitan area.
(2) Subsections (2) to (4), (5)(b), (6) and (7) of section 25 of this Act have effect in relation to any justices’ clerk appointed under subsection (1) above as they have effect in relation to a justices’ clerk for a petty sessions area, but with the substitution for any reference to the magistrates for a petty sessions area of a reference to the justices of the peace who are members of the youth court panel for the metropolitan area or (as the case may be) of a family panel for that area, other than any such justice whose name is for the time being entered on the supplemental list.
(3) In this section—
“the inner London magistrates’ courts committee” means the magistrates’ courts committee for an area consisting of or including the whole of the inner London area or, if there is no such committee, all the magistrates courts’ committees for areas which consist of or include any part of the inner London area acting jointly; and
“the metropolitan area” means the inner London area and the City of London.
(1) The Lord Mayor and aldermen of the City shall by virtue of the charter granted by His late Majesty King George II dated the 25th August 1741 continue to be justices of the peace for the City:
Provided that any of them may be excluded by the Lord Chancellor from the exercise of his functions as a justice.
(2) The persons holding office as justices of the peace for the City shall constitute a single body of justices, without distinction between those holding office by virtue of the charter and those appointed; and the jurisdiction and powers of the Lord Mayor and aldermen as justices by virtue of the charter shall be the same in all respects as those of appointed justices.
(3) The establishment of the City as a separate commission area shall not be taken to have constituted new courts for the City; and the jurisdiction and powers of the justices of the peace for the City are in continuation of those formerly belonging exclusively to the justices holding office by virtue of the charter.
(4) In this Part of this Act “the City” means the City of London.
(1) The Lord Mayor for the time being, if not disqualified, shall be chairman of the justices, with the style of Chief Magistrate, instead of a chairman being elected under section 17(1) of this Act; and, subject to subsection (3) below, the aldermen who have been Lord Mayor and are not disqualified (or, if there are more than eight such aldermen, the eight who were last Lord Mayor) shall be deputy chairmen in addition to any deputy chairmen elected under section 17(1) above.
(2) For the purposes of this section a Lord Mayor or alderman is disqualified at any time while his name is entered in the supplemental list.
(3) In the event of a Lord Mayor being disqualified, then during his mayoralty the senior of the aldermen designated as deputy chairmen in subsection (1) above shall, instead of being a deputy chairman, be chairman of the justices as acting Chief Magistrate.
(4) Subsections (2) and (3) of section 17 of this Act shall apply to any Lord Mayor or alderman as chairman or deputy chairman of the justices as they apply to a chairman or deputy chairman elected under subsection (1) of that section.
(1) Subject to the provisions of this Part of this Act, in any enactment relating to justices of the peace, magistrates’ courts, justices’ clerks or matters connected therewith (including, except in so far as it otherwise expressly provides, any such enactment passed after the passing of this Act)—
(a) any reference to a county or to county justices shall be taken to include the City or justices for the City, 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:
Provided that 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 or to justices or magistrates for a county or non-metropolitan county, and
(b) to the City or to justices or magistrates for the City,
the operation of that enactment shall not be affected by, and shall be without prejudice to the generality of, subsection (1) above.
There shall be transmitted to the Lord Mayor, and be enrolled in the records of the justices for the City, a copy of any instrument appointing or removing a justice of the peace for the City in accordance with section 6 of this Act; and the Lord Mayor shall be notified, in such manner as the Lord Chancellor may direct, of any resignation or death of a justice for the City so appointed, and shall cause to be kept, and from time to time rectified, a record of those for the time being holding office as justices for the City by virtue of any such appointment.
No action shall lie against any justice of the peace or justice’s clerk in respect of any act or omission of his—
(a) in the execution of his duty—
(i) as such a justice; or
(ii) as such a clerk exercising, by virtue of any statutory provision, any of the functions of a single justice; and
(b) with respect to any matter within his jurisdiction.
An action shall lie against any justice of the peace or justice’s clerk in respect of any act or omission of his—
(a) in the purported execution of his duty—
(i) as such a justice; or
(ii) as such a clerk exercising, by virtue of any statutory provision, any of the functions of a single justice; but
(b) with respect to matter which is not within his jurisdiction,
if, but only if, it is proved that he acted in bad faith.
50 Where action prohibited, proceedings may be set aside.
If any action is brought in circumstances in which this Part of this Act provides that no action is to be brought, a judge of the court in which the action is brought may, on the application of the defendant and upon an affidavit as to the facts, set aside the proceedings in the action, with or without costs, as the judge thinks fit.
53 Indemnification of justices and justices’ clerks.
(1) Subject to the provisions of this section . . . , a justice of the peace or justices’ clerk may be indemnified out of local funds in respect of—
(a) any costs reasonably incurred by him in or in connection with proceedings against him in respect of anything done or omitted in the exercise or purported exercise of the duty of his office, or in taking steps to dispute any claim which might be made in such proceedings;
(b) any damages awarded against him or costs ordered to be paid by him in any such proceedings; or
(c) any sums payable by him in connection with a reasonable settlement of any such proceedings or claim;
and shall be entitled to be so indemnified if, in respect of the matters giving rise to the proceedings or claim, he acted reasonably and in good faith.
(1A) So far as the duty mentioned in subsection (1) above relates to criminal matters, that subsection shall have effect as if—
(a) for the word “may” there were substituted “shall”, and
(b) for the words following paragraph (c) there were substituted “unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith”.
(2) Any question whether, or to what extent, a person is to be indemnified under this section shall be determined by the magistrates’ courts committee for the area for which he acted at the material time; and a determination under this subsection with respect to any such costs or sums as are mentioned in paragraph (a) or paragraph (c) of subsection (1) above may, if the person claiming to be indemnified so requests, be made in advance before those costs are incurred or the settlement made, as the case may be:
Provided that any such determination in advance for indemnity in respect of costs to be incurred shall be subject to such limitations, if any, as the committee think proper and to the subsequent determination of the amount of the costs reasonably incurred and shall not affect any other determination which may fall to be made in connection with the proceedings or claim in question.
(3) An appeal shall lie to a person appointed for the purpose by the Lord Chancellor—
(a) on the part of the person claiming to be indemnified, from any decision of the magistrates’ courts committee under subsection (2) above, other than a decision to postpone until after the conclusion of the proceedings any determination with respect to his own costs or to impose limitations on making a determination in advance for indemnity in respect of such costs;
(b) on the part of any paying authority, from any determination of the magistrates’ courts committee under that subsection, other than a determination in advance for indemnity in respect of costs to be incurred by the person claiming to be indemnified.
(3A) Where there are two or more paying authorities in relation to any justice or justices’ clerk, any question as to the extent to which the funds required to indemnify him are to be provided by each authority shall be determined by agreement between those authorities and the magistrates’ courts committee concerned or, in default of such agreement, shall be determined by the Lord Chancellor.
(4) The Lord Chancellor may by statutory instrument make rules prescribing the procedure to be followed in any appeal under subsection (3) above; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) In this section—
“justices’ clerk” includes any person appointed by a magistrates’ courts committee to assist a justices’ clerk,
“local funds”, in relation to a justice or justices’ clerk, means funds out of which the expenses of the magistrates’ courts committee for the area for which he acted at the material time are payable, and
“paying authority”, in relation to a justice or justices’ clerk, means any authority which is a paying authority for the purposes of section 55 of this Act in relation to the magistrates’ courts committee for the area for which he acted at the material time.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subject to the provisions of this Act, the paying authority or authorities in relation to any magistrates’ courts committee shall provide the petty sessional court-houses and other accommodation, and the goods and services, proper for the performance of the functions of—
(a) the magistrates for the magistrates’ courts committee area,
(b) the magistrates’ courts committee,
(c) any other committee of the magistrates for that area, or
(d) the justices’ clerks for any part of the magistrates’ courts committee area.
(2) Subsection (1) above shall not require the paying authority or authorities to provide any current item or class of current items if the magistrates’ courts committee have notified the authority or authorities that they intend to obtain that item or class of items otherwise than from that authority or any of those authorities.
(3) For the purposes of subsection (2) above “current item” means any goods or services which are of such a kind that expenditure incurred by a paying authority on providing them would not be capital expenditure.
(4) Where there is one paying authority in relation to a magistrates’ courts committee, that authority shall pay the expenses of the committee.
(5) Where there are two or more paying authorities in relation to a magistrates’ courts committee, each of those authorities shall pay a proper proportion of those expenses.
(6) For the purposes of subsections (4) and (5) above the expenses of a magistrates’ courts committee shall be taken to include—
(a) expenses incurred by them in obtaining goods and services which are proper for the purposes mentioned in subsection (1) above but which by virtue of subsection (2) above the paying authority or authorities are not required to provide;
(b) the sums payable under Part II of this Act on account of a person’s salary or expenses as justices’ chief executive or as justices’ clerk for any part of the magistrates’ courts committee area, the remuneration of any staff employed by the committee and the remuneration of any court security officers employed (whether by the committee or a paying authority) under section 76(2)(a) of the Criminal Justice Act 1991 in relation to petty sessions areas within the magistrates’ courts committee area together with—
(i) secondary Class I contributions payable in respect of any such person, staff or officers under Part I of the Social Security Contributions and Benefits Act 1992, and
(ii) state scheme premiums so payable under Chapter III of Part III of the Pension Schemes Act 1993;
(c) the sums payable under any contract entered into (whether by any such magistrates’ courts committee or a paying authority) under section 76(2)(b) of the Criminal Justice Act 1991; and
(d) so far as they are not otherwise provided for, all other costs incurred, with the general or special authority of the magistrates’ courts committee, by the justices for the magistrates’ courts committee area.
(7) Nothing in subsection (1), (4) or (5) above shall require any paying authority to incur any expenditure or make any payment which would—
(a) cause the net cost to it in any year of the matters mentioned in subsection (1) of section 59 of this Act to exceed the amount which, in relation to that authority and that year, is for the time being determined by the Lord Chancellor under subsection (3)(b) of that section, or
(b) cause its capital expenditure in any year in pursuance of functions under this Part of this Act to exceed the amount which, in relation to that authority and that year, is for the time being determined by the Lord Chancellor under subsection (4)(b) of that section;
and in determining any such net cost as is mentioned in paragraph (a) above there shall be disregarded any such capital expenditure as is mentioned in paragraph (b) above.
(8) Subject to section 16(2) of this Act, any accommodation provided under this section for any justice, justices’ clerk or justices’ chief executive may be outside the area for which the justices act and, in the case of a petty sessional court-house, shall be deemed to be in that area for the purposes of the jurisdiction of the justices when acting in the court-house.
(9) Two or more paying authorities may arrange for accommodation, goods or services provided for the purposes of this section by one of them to be used also as if provided for those purposes by the other or each of the others.
(10) In this section—
“paying authority” in relation to a magistrates’ courts committee, means any responsible authority whose area comprises all or part of the area to which the committee relates;
“responsible authority” means any unitary authority or any county council so far as they are not a unitary authority; and
“unitary authority” means—
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) Until 1st April 1996, the definition of “unitary authority” in subsection (10) above shall have effect with the omission of paragraph (c).
(1) Subject to the provisions of this section—
(a) the petty sessional court-houses and other accommodation, goods and services to be provided by the paying authority, or each of the paying authorities, under section 55 of this Act,
(b) the salary to be paid to a justices’ clerk or justices’ chief executive and to staff of a magistrates’ courts committee, and
(c) the nature and amount of the expenses which a magistrates’ courts committee may incur in the discharge of any functions or may authorise to be incurred,
shall be such as may from time to time be determined by the magistrates’ courts committee after consultation with the paying authority or authorities.
(2) Where the expenses of a magistrates’ courts committee (including any sums which are taken by section 55(6) of this Act to be such expenses) fall to be borne by more than one paying authority, any question as to the manner in which they are to be borne by the authorities concerned shall be determined by agreement between those authorities and the magistrates’ courts committee concerned or, in default of such agreement, shall be determined by the Lord Chancellor.
(3) Any paying authority which is aggrieved by a determination of a magistrates’ courts committee under subsection (1) above may, within one month from the receipt by the authority of written notice of the determination, appeal to the Lord Chancellor, whose decision shall be binding upon the magistrates’ courts committee and any authority concerned.
(4) The approval of the Lord Chancellor shall be required for any determination under subsection (1) above reducing the salary of a justices’ clerk or justices’ chief executive, unless the justices’ clerk or justices’ chief executive concerned consents to the reduction.
(5) In this section “paying authority” has the same meaning as in section 55 of this Act.
58 Corresponding arrangements in inner London area.
(1) The Receiver shall provide such court houses and other accommodation, and such furniture, books and other things, as the committee of magistrates may determine to be proper for the due transaction of the business, and convenient keeping of the records and documents, of magistrates’ courts in the inner London area (including family proceedings courtsand including youth courts for that area and the City of London) or for enabling the justices’ clerks for that area (or for youth courts for that area and the City) to carry out their duties; but any determination under this subsection shall not have effect unless confirmed, with or without modifications, by the Lord Chancellor.
(2) The Receiver shall pay out of the metropolitan police fund—
(a) any expenses of the committee of magistrates, of such amount and of such a nature as may be approved by the Lord Chancellor;
(b) the sums payable by way of salary or expenses to justices’ clerks and other officers employed by the committee of magistrates and the remuneration of any court security officers employed (whether by that committee or the Receiver) under section 76(2)(a) of the Criminal Justice Act 1991, together with—
(i) secondary Class I contributions payable in respect of any such officers under Part I of the Social Security Contributions and Benefits Act 1992, and
(ii) state scheme premiums so payable under Chapter III of Part III of the Pension Schemes Act 1993;
(bb) the sums payable under any contract entered into (whether by the committee of magistrates or the Receiver) under section 76(2)(b) of the Criminal Justice Act 1991;
(c) any superannuation benefits payable in respect of such clerks and other officers under any enactment or instrument applied to them by regulations having effect in accordance with section 15(9) of the Superannuation (Miscellaneous Provisions) Act 1967, other than benefits payable by the London Residuary Body, and any superannuation contributions and other payments for which the committee of magistrates may be liable as their employer under any such enactment or instrument.
(2A) Nothing in subsection (1) or (2) above shall require the Receiver to incur any expenditure or make any payment which would—
(a) cause the net cost to him in any year of the matters mentioned in subsection (1) of section 59 of this Act to exceed the amount which, in relation to the Receiver and that year, is for the time being determined by the Lord Chancellor under subsection (3)(b) of that section; or
(b) cause his capital expenditure in any year in pursuance of functions under this Part of this Act to exceed the amount which, in relation to the Receiver and that year, is for the time being determined by the Lord Chancellor under subsection (4)(b) of that section;
and in determining any such net cost as is mentioned in paragraph (a) above there shall be disregarded any such capital expenditure as is mentioned in paragraph (b) above.
(3) Without prejudice to subsection (2) above, the expenses of and incidental to the magistrates’ courts for the inner London area, except the salaries and superannuation allowances of metropolitan stipendiary magistrates, shall be paid out of the metropolitan police fund; and, if any question arises as to what expenses are expenses of or incidental to any such court, the question shall be determined by the Lord Chancellor, with the concurrence of the Treasury so far as the question affects the amount of any charge on the Exchequer.
(4) Any accommodation provided under this section for any magistrates’ court or justices’ clerk may be outside the area for which the court or clerk acts, and, if outside that area, shall be deemed to be in that area for the purposes of the jurisdiction of the court.
(5) The Lord Chancellor, after consultation with the committee of magistrates, may assign court houses and other accommodation either to petty sessional divisions of the inner London area or to particular magistrates’ courts for that area (including family proceedings courtsand including youth courts for that area and the City of London) and may alter any assignment under this subsection.
59 Grants by Lord Chancellor to responsible authorities.
(1) The Lord Chancellor may out of money provided by Parliament pay to the responsible authorities grants towards the net cost to them in any year—
(a) of their functions under this Part or Part II of this Act;
(b) of their functions under any regulations made, or having effect as if made, under section 7 or 24 of the Superannuation Act 1972 with respect to court staff or, in the case of the Receiver, his corresponding functions;
(bb) of their functions under any regulations having effect by virtue of paragraph 13(1) of Schedule 1 to this Act; and
(c) of making payments under section 12 or 53 of this Act;
and in determining any such net cost as is mentioned above there shall be disregarded any such capital expenditure as is mentioned in subsection (2) below.
(2) The Lord Chancellor may also out of money provided by Parliament pay to the responsible authorities grants towards their capital expenditure in any year in pursuance of their functions under this Part of this Act.
(3) The amount of any grant under subsection (1) above towards the net cost to a responsible authority in any year of the matters mentioned in that subsection shall not exceed 80 per cent. of whichever of the following is the less, namely—
(a) that net cost; and
(b) the amount which, in relation to the authority and that year, is for the time being determined by the Lord Chancellor.
(4) The amount of any grant under subsection (2) above towards the capital expenditure in any year of a responsible authority in pursuance of its functions under this Part of this Act shall not exceed 80 per cent. of whichever of the following is the less, namely—
(a) that capital expenditure; and
(b) the amount which, in relation to the authority and that year, is for the time being determined by the Lord Chancellor.
(5) The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations as to the manner in which—
(a) income and expenditure of responsible authorities are to be taken into account in determining the net cost to them in any year of the matters mentioned in subsection (1) above; or
(b) expenditure of such authorities is to be taken into account in determining their capital expenditure in any year in pursuance of their functions under this Part of this Act;
and for the purposes of this section any question as to that net cost or that capital expenditure shall (subject to the regulations) be determined by the Lord Chancellor.
(6) The Lord Chancellor may direct that, in determining—
(a) the net cost to a responsible authority in any year of the matters mentioned in subsection (1) above; or
(b) the capital expenditure of such an authority in any year in pursuance of its functions under this Part of this Act,
there shall be taken into account or disregarded, to such extent as may be specified in the direction, such items as may be so specified.
(7) Grants under this section shall be paid at such times, in such manner and subject to such conditions as the Lord Chancellor may with the approval of the Treasury determine.
(8) In this section—
“court staff” means justices’ chief executives, justices’ clerks and staff of magistrates’ courts committees, and
“responsible authority” has the same meaning as in section 55 of this Act.
59A Local authority land appropriated to magistrates’ courts purposes.
(1) Where after the commencement of this section a responsible authority appropriate any land owned by them to magistrates’ courts purposes, the authority shall be taken for the purposes of section 59(2) of this Act to incur, in the year in which the appropriation is made, capital expenditure in pursuance of their functions under this Part of this Act of an amount equal to the open market value of the land at the time of the appropriation.
(2) In subsection (1) above—
“land” includes any interest in land,
“magistrates’ courts purposes” means the purposes of being provided under section 55(1) of this Act as a petty sessional court-house or other accommodation, and
“responsible authority” has the same meaning as in section 55 of this Act.
(1) Subject to paragraphs (a) and (b) of section 139 of the Magistrates’ Courts Act 1980(which relates to the disposal of sums adjudged to be paid by a summary conviction) and to the following provisions of this section, there shall be paid to the Lord Chancellor—
(a) all fines imposed by a magistrates’ court and all sums which become payable by virtue of an order of such a court and are by any enactment made applicable as fines so imposed or any class or description of such fines; and
(b) all other sums received by a justices’ clerk by reason of his office except sums to which a person other than the Lord Chancellor is by law entitled and which are paid to that person and sums paid into court in pursuance of orders under section 35 of the Powers of Criminal Courts Act 1973 (compensation orders).
(2) The sums payable to the Lord Chancellor by virtue of paragraph (a) of subsection (1) above shall not include—
(a) any sums which by or in pursuance of any provision in the enactments relating to those sums are directed to be paid to the Commissioners of Customs and Excise or to any officer of theirs or person appointed by them; or
(b) any sums which by or in pursuance of any such provision are directed to be paid to or for the benefit of the party aggrieved, party injured or a person described in similar terms, or to or for the benefit of the family or relatives of a person described in any such terms or of a person dying in consequence of an act or event which constituted or was the occasion of an offence; or
(c) any sums which by or in pursuance of any such provision are directed to be applied in making good any default or repairing any damage or paying or reimbursing any expenses (other than those of the prosecution); or
(d) any sums which are directed to be paid to any person by or in pursuance of any such provision referring in terms to awarding or reimbursing a loss, or to damages, compensation or satisfaction for loss, damage, injury or wrong.
(3) Paragraph (b) of subsection (1) above shall not apply to sums received by a justices’ clerk on account of his salary or expenses as such; and any sum paid to the Lord Chancellor by virtue of that paragraph shall be paid to him subject to its being repaid to any person establishing his title to it.
(4) The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations as to the times at which, and the manner in which, justices’ clerks shall account for and pay the sums payable to him under this section, and as to the keeping, inspection and audit of accounts of justices’ clerks, whether for the purposes of this section or otherwise.
(5) For the purposes of this section anything done by the Crown Court on appeal from a magistrates’ court shall be treated as done by the magistrates’ court.
(6) Any sums received by the Lord Chancellor under this section shall be paid by him into the Consolidated Fund.
(7) In this section “fine” includes—
(a) any pecuniary penalty, pecuniary forfeiture or pecuniary compensation payable under a conviction, and
(b) any non-pecuniary forfeiture on conviction by, or under any order of, a magistrates’ court so far as the forfeiture is converted into or consists of money,
and “justices’ clerk” includes a clerk of special sessions.
(1) The Lord Chancellor may, if he thinks fit, pay to any person any money due to that person which he has not received because of the default of a justices’ clerk or of any staff of a magistrates’ courts committee.
(2) In this section “justices’ clerk” has the same meaning as in section 61 of this Act.
(1) The Lord Chancellor may by regulations made by statutory instrument require magistrates’ courts committees—
(a) to keep prescribed accounts and prescribed records in relation to those accounts, and
(b) to cause any such accounts to be audited in accordance with the regulations.
(2) In subsection (1) above “prescribed” means prescribed by the regulations.
(1) It shall be the duty of every magistrates’ courts committee, in accordance with arrangements approved by the Lord Chancellor, to make and administer schemes providing for courses of instruction for justices of the peace of their area.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) There may be paid out of moneys provided by Parliament any expenses incurred by the Lord Chancellor in providing courses of instruction for justices of the peace.
(4) If courses of instruction are not provided for justices of the peace of any area as required by subsection (1) . . ., then any expenses incurred by the Lord Chancellor in providing courses of instruction to make good the default shall be recoverable by him from the magistrates’ courts committee . . . in default; and any sums recovered by the Lord Chancellor under this subsection shall be paid into the Consolidated Fund.
(5) The Lord Chancellor may provide courses of instruction for justices’ clerks and for staff of magistrates’ courts committees.
(6) In this section “justices’ clerk” includes a clerk of special sessions.
(1) A person who is adjudged bankrupt shall be disqualified for being appointed or acting as a justice of the peace.
(2) Where a person is disqualified under this section, the disqualification shall cease—
(a) on his discharge from bankruptcy; or
(b) if the bankruptcy order is previously annulled, on the date of its annulment.
64 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 or any committee or officer of the authority.
(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.
(2A) For the purposes of subsections (1) and (2) above, the Broads Authority and every National Park authority shall be deemed to be local authorities..
(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; and subsection (2) above shall apply for the purposes of this subsection, with the substitution, for references to a local authority, of references to the Corporation or the Common Council.
(4) Nothing in this section shall prevent a justice from acting in any proceedings by reason only of their being brought by a police officer.
(5) No act shall be invalidated by reason only of the disqualification under this section of the person acting.
(6) In this section “local authority” means a local authority within the meaning of the Local Government Act 1972 or the Local Government (Scotland) Act 1973, . . . a police authority established under section 3 of the Police Act 1996, a joint authority established by Part IV of the Local Government Act 1985 and a housing action trust established under Part III of the Housing Act 1988.
65 Justices not disqualified by reason of being ratepayers.
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 rates leviable by a rating authority , community charges of a charging authority council tax set by a billing authorityor the non-domestic rate of a special authority within the meaning of section 144(6) of the Local Government Finance Act 1988, notwithstanding that the justice is rated to or chargeable with such rates or is liable or would, but for an enactment or anything provided or done under an enactment, be liable to pay an amount in respect of any such community charges such council tax or such non-domestic rate.in the area affected by the act in question.
66 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) Justices for the county of Surrey or the county of Kent may hold special or petty sessions for any division of their county at any place in Greater London; and for all purposes relating to sessions so held the place at which they are held shall be deemed to be within the county and the division for which the justices holding them are justices.
(1) Subject to the provisions of this section, any person who under this Act or under any other enactment 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 or any other enactment 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 notwithstanding 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 whatever area.
(4) The oaths required by law to be taken by a metropolitan stipendiary magistrate may, in the case of a person authorised to act as such under section 34 of this Act, be taken before any of the metropolitan stipendiary magistrates.
(5) In this section “the Promissory Oaths Acts” means the Promissory Oaths Act 1868 and the Promissory Oaths Act 1871.
(1) Sections 6(1), 7 and 11 of this Act shall have effect in relation to the counties of Greater Manchester, Merseyside and Lancashire with the substitution, for any reference to the Lord Chancellor, of a reference to the Chancellor of the Duchy of Lancaster.
(2) In relation to the entry in or removal from the supplemental list of the name of a person who is a justice of the peace only for any of the counties of Greater Manchester, Merseyside and Lancashire, subsections (4) to (6) of section 8 and section 9 of this Act shall have effect respectively with the substitution, for any reference to the Lord Chancellor, of a reference to the Chancellor of the Duchy of Lancaster.