Courts Act 1971

Section 53.

SCHEDULE 7 Administrative Functions of Justices

PART I Amendments of Justices of the Peace Act 1949

1 In section 16 of the [1949 c. 101.] Justices of the Peace Act 1949, paragraph (b) of the proviso to subsection (2), subsection (5) from the words " so however " onwards and subsection (6)(a) shall be omitted.

2 (1) In Schedule 4 to that Act, in paragraph 1, in sub-paragraph (1) after the word " composed " there shall be inserted the words " subject to sub-paragraph (2) below ", and at the end of sub-paragraph (1) there shall be inserted the following sub-paragraph:—

“(2) The magistrates' courts committee for any area may, with his consent, co-opt a judge of the High Court, Circuit judge or Recorder to serve as a member of the committee”.

(2) Paragraphs 1(3) and 4 of that Schedule shall be omitted.

3 For paragraph 5 of Schedule 4 to that Act there shall be substituted the following paragraph:—

5 Where the magistrates for a county are required to meet for the purpose of carrying out any functions under the preceding paragraphs, a meeting shall be convened by the magistrates' courts committee or, if there is no such committee in being or the Secretary of State considers it appropriate, by the Secretary of State.

PART II Amendments of [1952 c. 52.] Prison Act 1952

4 (1) In section 6 of the Prison Act 1952, subsection (1) shall be omitted.

(2) In subsection (2) of that section the words " other than a prison mentioned in subsection (1) of this section" shall be omitted.

(3) In subsection (3) of that section the words "visiting committees and" and the words " visiting committee or" shall be omitted.

(4) Subsection (4) of that section shall be omitted.

5 In section 43(4) of that Act, in paragraph (a) the words " subsection (1) of section six " shall be omitted and for paragraph (c) there shall be substituted the following paragraph:—

(c) rules made under section 47 of this Act may require the board of visitors appointed for any Borstal institution to consider periodically the character, conduct and prospects of each of the persons detained therein and to report to the Secretary of State on the advisability of his release under supervision.

PART III Amendments of [1964 c. 26.] Licensing Act 1964

6 In section 16(1) of the Licensing Act 1964, in paragraph (c) for the words from " court of quarter sessions " to the end of the paragraph there shall be substituted the words " justices for the county which is or includes that licensing district appointed by the licensing justices for that district, or as the case may be for each licensing district in the county, in accordance with arrangements made by the magistrates' courts committee for that county or for any area which includes that county ".

7 In section 38(e) of that Act the words " for the constitution, where requisite, of committees of quarter sessions as standing committees, and " shall be omitted.

8 (1) In Schedule 3 to that Act, in paragraph 1(1), for the words " made by quarter sessions with the approval of " there shall be substituted the words " made by the magistrates' courts committee for the county and approved by ".

(2) For sub-paragraph (2) of paragraph 1 of that Schedule there shall be substituted the following sub-paragraphs:—

(2) Where there is more than one licensing district in the county the rules made under sub-paragraph (1) above shall secure that the licensing justices for each licensing district appoint one or more of their number, according as the rules provide, to be members of the compensation committee.

(3) Where a magistrates' courts committee is constituted for an area which extends beyond a county, any reference in this Schedule to the magistrates' courts committee for the county is a reference to the magistrates' courts committee for the area which includes the county.

(3) In paragraph 2 of that Schedule for the words " Quarter sessions " there shall be substituted the words " The magistrates' courts committee for a county ".

(4) For paragraph 3 of that Schedule there shall be substituted the following paragraph:—

3 If they consider it appropriate to do so, the magistrates' courts committee for. a county may make provision for the appointment of different compensation committees for different parts of the county, and where they do so each of the different parts shall be treated as a separate county for the purposes of appointment to and the execution of the functions of county compensation committees.

(5) In paragraph 4 of that Schedule for the words " Quarter sessions " in the first place where they occur there shall be substituted the words " Without prejudice to paragraph 3 above, the magistrates' courts committee for a county " and for the words " having the same quarter sessions " there shall be substituted the words " for which the same magistrates' courts committee acts ".

9 (1) In paragraph 12 of Schedule 11 to that Act, in sub-paragraph (b), for the words from " by the court " to the end of the sub-paragraph there shall be substituted the words " by the justices for the inner London commission area in accordance with arrangements made by the committee of magistrates for the inner London area ".

(2) In paragraph 13(1) of that Schedule for the words " court of quarter sessions for the county of London " there shall be substituted the words " the committee of magistrates for the Inner London area ".

(3) In paragraph 14 of that Schedule the words from the beginning to " be " shall be omitted and at the end of the paragraph there shall be added the words " shall be such person as the committee may appoint ".