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PART 2 continued
(1) If an action is brought in circumstances in which section 31 or 32 provides that no action lies, a judge of the court in which the action is brought may, on the application of the defendant, strike out the proceedings in the action.
(2) If a judge strikes out proceedings under subsection (1), he may if he thinks fit order the person bringing the action to pay costs.
(1) A court may not order a justice of the peace to pay costs in any proceedings in respect of what he does or omits to do in the execution (or purported execution) of his duty as a justice of the peace.
(2) A court may not order—
(a) a justices' clerk, or
(b) an assistant clerk,
to pay costs in any proceedings in respect of what he does or omits to do in the execution (or purported execution) of his duty as a justices' clerk or assistant clerk exercising, by virtue of an enactment, a function of a single justice of the peace.
(3) But subsections (1) and (2) do not apply in relation to any proceedings in which a justice of the peace, justices' clerk or assistant clerk—
(a) is being tried for an offence or is appealing against a conviction, or
(b) is proved to have acted in bad faith in respect of the matters giving rise to the proceedings.
(4) A court which is prevented by subsection (1) or (2) from ordering a justice of the peace, justices' clerk or assistant clerk to pay costs in any proceedings may instead order the Lord Chancellor to make a payment in respect of the costs of a person in the proceedings.
(5) The Lord Chancellor may make regulations specifying—
(a) circumstances in which a court must or must not exercise the power conferred on it by subsection (4), and
(b) how the amount of any payment ordered under subsection (4) is to be determined.
(1) “Indemnifiable amounts”, in relation to a justice of the peace, justices' clerk or assistant clerk, means—
(a) costs which he reasonably incurs in or in connection with proceedings in respect of anything done or omitted to be done in the exercise (or purported exercise) of his duty as a justice of the peace, justices' clerk or assistant clerk,
(b) costs which he reasonably incurs in taking steps to dispute a claim which might be made in such proceedings,
(c) damages awarded against him or costs ordered to be paid by him in such proceedings, or
(d) sums payable by him in connection with a reasonable settlement of such proceedings or such a claim.
(2) Indemnifiable amounts relate to criminal matters if the duty mentioned in subsection (1)(a) relates to criminal matters.
(3) The Lord Chancellor must indemnify a justice of the peace, justices' clerk or assistant clerk in respect of—
(a) indemnifiable amounts which relate to criminal matters, unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith, and
(b) other indemnifiable amounts if, in respect of the matters giving rise to the proceedings or claim, he acted reasonably and in good faith.
(4) The Lord Chancellor may indemnify a justice of the peace, justices' clerk or assistant clerk in respect of other indemnifiable amounts unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith.
(5) Any question whether, or to what extent, a person is to be indemnified under this section is to be determined by the Lord Chancellor.
(6) The Lord Chancellor may, if the person claiming to be indemnified so requests, make a determination for the purposes of this section with respect to—
(a) costs such as are mentioned in subsection (1)(a) or (b), or
(b) sums such as are mentioned in subsection (1)(d),
before the costs are incurred or the settlement in connection with which the sums are payable is made.
(7) But a determination under subsection (6) before costs are incurred—
(a) is subject to such limitations (if any) as the Lord Chancellor thinks proper and to the subsequent determination of the costs reasonably incurred, and
(b) does not affect any other determination which may fall to be made in connection with the proceedings or claim in question.
Any reference in an enactment to a fines officer is to a person who is—
(a) appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4), and
(b) designated as a fines officer by the Lord Chancellor.
(1) Any reference in an enactment to the designated officer, in relation to a magistrates' court, justice of the peace or local justice area, is to a person who is—
(a) appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4), and
(b) designated by the Lord Chancellor in relation to that court, justice of the peace or area.
(2) In this section “magistrates' court” includes—
(a) a committee of justices, and
(b) when exercising a function exercisable by one or more justices of the peace—
(i) a justices' clerk, and
(ii) an assistant clerk.
(1) The following are to be paid to the Lord Chancellor—
(a) fines imposed by a magistrates' court,
(b) sums which—
(i) become payable by virtue of an order of a magistrates' court, and
(ii) are by an enactment made applicable as fines (or any description of fines) imposed by a magistrates' court, and
(c) all other sums received by—
(i) a designated officer for a magistrates' court, or
(ii) a designated officer for a local justice area,
in his capacity as such.
(2) “Fine” includes—
(a) any pecuniary penalty, pecuniary forfeiture or pecuniary compensation payable under a conviction, and
(b) any 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.
(3) For the purposes of this section anything done by the Crown Court on appeal from a magistrates' court is to be treated as done by the magistrates' court.
(4) Any sums received by the Lord Chancellor under this section are to be paid by him into the Consolidated Fund.
(1) Section 38(1) is subject to section 139 of the 1980 Act (sums paid on summary conviction applied for payment of compensation and costs).
(2) Paragraphs (a) and (b) of section 38(1) do not apply to sums which, by or under any enactment, are directed to be paid to—
(a) the Commissioners of Customs and Excise, or
(b) officers of, or persons appointed by, the Commissioners.
(3) Those paragraphs also do not apply to sums which, by or under any enactment, are directed—
(a) to be paid to or for the benefit of—
(i) the party aggrieved or injured or a person described in similar terms, or
(ii) 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,
(b) to be applied in making good any default or repairing any damage or reimbursing any expenses (other than those of the prosecution), or
(c) to be paid to any person, if the enactment refers in terms to awarding or reimbursing a loss or to damages, compensation or satisfaction for loss, damage, injury or wrong.
(4) Paragraph (c) of section 38(1) does not apply to—
(a) sums to which a person other than the Lord Chancellor is by law entitled and which are paid to that person, or
(b) sums received by a designated officer on account of his salary or expenses as such.
(5) Any sum paid to the Lord Chancellor by virtue of paragraph (c) of section 38(1) is to be paid to him subject to being repaid to any person establishing his title to it.
(1) The Lord Chancellor may, with the concurrence of the Treasury, make regulations—
(a) as to the times at which, and the manner in which, a designated officer is to pay sums payable by him in his capacity as such to the Lord Chancellor or any other person,
(b) requiring the keeping of accounts by designated officers in respect of sums received by them,
(c) as to the production, inspection and audit of accounts required to be kept, and
(d) requiring designated officers to use—
(i) specified banking arrangements or facilities, or
(ii) banking arrangements or facilities of a specified description,
in relation to sums received by them.
(2) Regulations under this section may make different provision in relation to different descriptions of designated officer.
(1) A lay justice who is a member of a local authority may not act as a member of the Crown Court or a magistrates' court in proceedings brought by or against, or by way of an appeal from a decision of—
(a) that local authority,
(b) a committee or officer of that local authority, or
(c) if that local authority is operating executive arrangements (within the meaning of Part 2 of the Local Government Act 2000 (c. 22))—
(i) the executive of that local authority (within the meaning of that Part), or
(ii) any person acting on behalf of that executive.
(2) A lay justice who is a member of the Common Council of the City of London may not act as a member of the Crown Court or a magistrates' court in proceedings brought by or against, or by way of an appeal from a decision of—
(a) the Corporation of the City,
(b) the Common Council, or
(c) a committee or officer of the Corporation or the Common Council.
(3) A joint committee, joint board, joint authority or other combined body—
(a) of which a local authority, the Corporation or the Common Council is a member, or
(b) on which the local authority, the Corporation or the Council is represented,
is to be regarded for the purposes of this section as a committee of the local authority, Corporation or Common Council.
(4) Any reference in this section to an officer of—
(a) a local authority,
(b) the Corporation, or
(c) the Common Council,
is to a person employed or appointed by, or by a committee of, the local authority, Corporation or Common Council in the capacity in which he is employed or appointed to act.
(5) No act is invalidated merely because of the disqualification under this section of the person by whom it is done.
(6) “Local authority” means—
(a) a local authority within the meaning of the Local Government Act 1972 (c. 70),
(b) a local authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),
(c) a police authority established under section 3 of the Police Act 1996 (c. 16), the Metropolitan Police Authority, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad,
(d) the London Fire and Emergency Planning Authority,
(e) a joint authority established under Part 4 of the Local Government Act 1985 (c. 51),
(f) a National Park Authority,
(g) the Broads Authority, or
(h) a housing action trust established under Part 3 of the Housing Act 1988 (c. 50).
Nothing in section 3 of the Act of Settlement (1700 c. 2) (certain persons born outside the United Kingdom) invalidates—
(a) any appointment, whether made before or after the passing of this Act, of a justice of the peace, or
(b) any act done by virtue of such an appointment.
Courts Act 2003