Office of Public Sector Information
(1) Section 25 of the [1970 c. 9 (N.I.).] 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.”
(1) Section 26 of the [1970 c. 9 (N.I.).] Police Act (Northern Ireland) 1970 (regulations for administration, etc. of reserve constables) shall be amended as follows.
(2) Subsection (3) (Treasury concurrence required for certain regulations) shall be omitted.
(3) At the end there shall be added—
“(4) In relation to any matter as to which provision may be made by regulations under this section (other than the matters mentioned in subsection (2)(cc) and (d)), the regulations may—
(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Police Authority, the Chief Constable or other persons; or
(b) authorise or require the delegation by any person of functions conferred on him by or under the regulations.”
(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 [1946 c. 36.] 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”.
(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).
For section 20 of the 1979 Act there shall be substituted—
(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.”
(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.”
(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.”
After section 22 of the 1979 Act there shall be inserted—
(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.”
After section 24B of the 1979 Act there shall be inserted—
(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.”
After section 24C of the 1979 Act there shall be inserted—
(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.
(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.”
For section 25 of the 1979 Act (and the heading “Justices' clerks and their staffs” immediately preceding it) there shall be substituted—
(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.”
After section 26 of the 1979 Act there shall be inserted—
(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.”
After section 30 of the 1979 Act there shall be inserted—
(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 [1980 c. 43.] Magistrates' Courts Act 1980 by virtue of section 28(1) or (1A) of this Act.”
(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.
(1) Section 37 of the 1979 Act (which obliges the committee of magistrates for the inner London area to appoint a principal chief clerk and chief clerks, together with such senior deputy chief clerks, deputy chief clerks and other officers as may be necessary) shall cease to have effect.
(2) Any person who, immediately before the commencement of subsection (1) above, holds office as principal chief clerk for the inner London area shall be taken to have been appointed by the magistrates' courts committee for the inner London area as justices' chief executive in accordance with section 24D of the 1979 Act.
(3) Any person who, immediately before the commencement of subsection (1) above, holds office as chief clerk for any petty sessional division of the inner London area or for the youth courts or family proceedings courts for that area and the City of London shall be taken to have been appointed by the magistrates' courts committee for the inner London area in accordance with section 25 of the 1979 Act as a justices' clerk for that petty sessional division or, as the case requires, in accordance with section 34B of that Act as a justices' clerk for those courts.
(4) Except as provided by subsections (5) to (7) of section 25 of the 1979 Act, any person to whom subsection (2) or (3) above applies shall hold and vacate office in accordance with the terms of his appointment or, if he has entered into a contract of service (whether before or after the commencement of subsection (1) above), in accordance with the terms of his contract of service.
(5) The abolition by virtue of subsection (1) above of the statutory offices of senior deputy chief clerk and deputy chief clerk shall not affect the continuation of the contract of service of any person who holds either of those offices immediately before the commencement of that subsection.
(6) A person who is employed under a contract of service to which subsection (5) above applies shall not be dismissed from his employment without the approval of the Lord Chancellor; and before approving the dismissal of any such person the Lord Chancellor shall consider any representations made by him.
(7) Any reference in any instrument or document to the chief clerk for any petty sessional division of the Inner London area or for the youth courts or family proceedings courts for that area and the City of London shall have effect, in relation to any time after the commencement of subsection (1) above, as a reference to the justices' clerk for that petty sessional division or, as the case may be, for those courts.
Police and Magistrates' Courts Act 1994