- Statutory Instrument 2001 No. 612
The Local Government (Magistrates' Courts etc.) (Amendment) Order 2001
© Crown Copyright 2001
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Local Government (Magistrates' Courts etc.) (Amendment) Order 2001, ISBN 0 11 028897 1. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 27th February 2001 | ||
| Laid before Parliament | 2nd March 2001 | ||
| Coming into force | 1st April 2001 |
The Lord Chancellor, in exercise of the powers conferred on him by section 101 of the Local Government Act 1985[1], hereby makes the following Order:
1. This Order may be cited as the Local Government (Magistrates' Courts etc.) (Amendment) Order 2001 and shall come into force on the 1st April 2001.
2. In the Local Government (Magistrates' Courts etc.) Order 1985[2] -
-
(i) in article 3 (preliminary arrangements), in paragraph (3) for the words "justices' clerk", in each place where they occur, there shall be substituted the words "justices' chief executive" and in paragraph (8) for the words "justices' clerks" there shall be substituted the words "justices' chief executives"; and
(ii) in article 4 (manner of election to and period of office etc.), in paragraph (2)(a)(i) and (f), for the words "clerk to the justices", in each place where they occur, there shall be substituted the words "justices chief executive".
Irvine of Lairg,
C.
27th February 2001
(This note is not part of the Order)
This Order amends the Local Government (Magistrates' Courts etc.) Order 1985 to transfer the administrative functions of justices' clerks under the Order to justices chief executives in line with section 90 (transfer of clerks' functions to chief executives) of, and Schedule 13 to, the Access to Justice Act 1999 (c. 22) which implement corresponding transfers in primary legislation.
Subsection (5) of that section provides that for the purposes of that section the administrative functions of justices' clerks are all of their functions apart from those which are legal functions within the meaning given by section 48(2) of the Justices of the Peace Act 1997 (c. 25), as substituted by section 89(1) of the 1999 Act.
Notes:
[1] 1985 c. 51; by virtue of section 103(6), the power conferred on the Secretary of State by section 101 may also be exercised by any appropriate Minister which, by virtue of section 105(2) has the meaning given to it in the Local Government Act 1972 (c. 70), section 270(1) and is, in relation to magistrates' courts, the Lord Chancellor.back
[2] S.I. 1985/1383. The amending instruments are not relevant.back
ISBN 0 11 028897 1