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Justices of the Peace Act 1997

1997 CHAPTER 25

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Commissions of the peace and petty sessions areas

    1. 1. Commission areas.

    2. 2. London commission areas.

    3. 3. General form of commissions of the peace.

    4. 4. Petty sessions areas.

  2. Part II

    Justices of the peace

    1. Justices other than stipendiary magistrates

      1. 5. Appointment and removal of justices of the peace.

      2. 6. Residence qualification.

      3. 7. Supplemental list for England and Wales.

      4. 8. Removal of name from supplemental list.

      5. 9. Effect of entry of name in supplemental list.

      6. 10. Travelling, subsistence and financial loss allowances.

    2. Stipendiary magistrates

      1. 11. Appointment and removal of stipendiary magistrates.

      2. 12. Retirement of stipendiary magistrates.

      3. 13. Acting stipendiary magistrate.

      4. 14. Place of sitting and powers of stipendiary magistrates.

      5. 15. Certain restrictions on magistrates' courts not to apply to stipendiary magistrates.

    3. Metropolitan stipendiary magistrates

      1. 16. Appointment, removal and retirement of metropolitan stipendiary magistrates.

      2. 17. Metropolitan stipendiary magistrates: allocation and sittings etc.

      3. 18. Jurisdiction of metropolitan stipendiary magistrates and lay justices for inner London area.

      4. 19. Acting metropolitan stipendiary magistrate.

      5. 20. Division of work in inner London area.

    4. City of London magistrates

      1. 21. Ex officio and appointed justices.

    5. General provisions

      1. 22. Chairman and deputy chairmen of justices.

      2. 23. Chairman and deputy chairmen of justices in the City of London.

      3. 24. Rules as to chairmanship and size of bench.

      4. 25. Records of justices of the peace.

      5. 26. Greater Manchester, Merseyside and Lancashire.

  3. Part III

    Magistrates' courts committees

    1. 27. General provisions as to magistrates' courts committees.

    2. 28. Constitution of magistrates' courts committees.

    3. 29. Powers of Lord Chancellor in relation to magistrates' courts committees.

    4. 30. Supplementary provisions as to magistrates' courts committees.

    5. 31. General powers and duties of magistrates' courts committees.

    6. 32. Alteration of magistrates' courts committee areas.

    7. 33. Powers and duties of committee as to petty sessional divisions.

    8. 34. Procedure relating to s. 33.

    9. 35. Alteration of names of petty sessions areas outside the City of London.

    10. 36. Procedure relating to s. 35.

    11. 37. Reports and plans.

    12. 38. Default powers.

    13. 39. Studies by Audit Commission.

  4. Part IV

    Justices' chief executives, justices' clerks and staff

    1. 40. Appointment of justices' chief executive.

    2. 41. Functions of justices' chief executive.

    3. 42. Appointment and removal of justices' clerks.

    4. 43. Qualifications for appointment as justices' clerk.

    5. 44. Terms of employment of justices' chief executives, justices' clerks and staff.

    6. 45. General powers and duties of justices' clerks.

    7. 46. Functions of justices' clerk as collecting officer.

    8. 47. Person acting as substitute clerk to justices.

    9. 48. Independence of justices' clerk and staff in relation to legal functions.

    10. 49. Appointment of justices' clerks for youth courts and family proceedings courts.

    11. 50. Pensions etc. of justices' chief executive, justices' clerks and staff in inner London area.

  5. Part V

    Protection and indemnification of justices and justices' clerks

    1. 51. Immunity for acts within jurisdiction.

    2. 52. Immunity for certain acts beyond jurisdiction.

    3. 53. Where action prohibited, proceedings may be set aside.

    4. 54. Indemnification of justices and justices' clerks.

  6. Part VI

    Administrative and financial arrangements

    1. 55. Duties of local authorities.

    2. 56. Provisions supplementary to s. 55.

    3. 57. Grants by Lord Chancellor to responsible authorities.

    4. 58. Local authority land appropriated to magistrates' courts purposes.

    5. 59. Regulations as to accounts and audit.

    6. 60. Application of fines and fees.

    7. 61. Defaults of justices' clerks etc.

  7. Part VII

    Inspection of magistrates' courts service

    1. 62. Inspectors of the magistrates' courts service.

    2. 63. Powers of inspectors.

  8. Part VIII

    Miscellaneous and supplementary provisions

    1. 64. Training courses.

    2. 65. Disqualification in case of bankruptcy.

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

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

    5. 68. Acts done by justices outside their commission area.

    6. 69. Promissory oaths of certain justices.

    7. 70. Application of enactments to the City of London.

    8. 71. Isles of Scilly.

    9. 72. Interpretation.

    10. 73. Transitional provisions, consequential amendments and repeals.

    11. 74. Commencement.

    12. 75. Short title and extent.

  9. Schedules:

    1. Schedule 1

      Commission areas in Wales.

    2. Schedule 2

      London commission areas.

      1. Part I

        Inner London area.

      2. Part II

        Outer London areas.

    3. Schedule 3

      Continuing functions of Receiver for the Metropolitan Police District in relation to pensions etc. of court staff.

    4. Schedule 4

      Transitional provisions and savings.

      1. Part I

        General provisions.

      2. Part II

        Provisions relating to particular enactments.

    5. Schedule 5

      Consequential amendments.

    6. Schedule 6

      Repeals and revocations.

      1. Part I

        Repeals.

      2. Part II

        Revocations.

An Act to consolidate the Justices of the Peace Act 1979 and provisions of Part IV of the Police and Magistrates' Courts Act 1994.

[19th March 1997]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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