Justices of the Peace Act 1979 (repealed 19.6.1997)

12 Travelling, subsistence and financial loss allowances. E+W

(1) Subject to the provisions of this section, a justice of the peace shall be entitled—

(a) to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any of his duties as a justice, and

(b) to receive payments by way of financial loss allowance where for that performance there is incurred by him any other expenditure to which he would not otherwise be subject or there is suffered by him any loss of earnings or of benefit under the enactments relating to social security which he would otherwise have made or received.

(2) For the purposes of this section, a justice following a course of instruction under a scheme made in accordance with arrangements approved by the Lord Chancellor, or a course of instruction provided by the Lord Chancellor, shall be deemed to be acting in the performance of his duties as a justice.

(3) A justice shall not be entitled to any payment under this section in respect of any duties, if in respect of those duties a payment of the like nature may be paid to him under arrangements made apart from this section or if regulations provide that this section shall not apply; and a stipendiary magistrate shall not be entitled to any payment under this section in respect of his duties as such.

(4) Allowances payable under this section shall be paid at rates determined by the [F1 Lord Chancellor] with the consent of the Minister for the Civil Service.

(5) An allowance payable under this section in respect of duties as a justice in the Crown Court shall be paid by the Lord Chancellor; and an allowance otherwise payable under this section to a justice for any commission area in respect of his duties as such shall be paid by the appropriate authority in relation to that area, that is to say—

(a) in relation to the City of London, the Common Council;

(b) in relation to the inner London area, the Reciever;

(c) in relation to any of the outer London areas, [F2 the council of the outer London borough which is or includes the petty sessions area for which the justice acts];

F3 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (d) in relation to a commission area in Wales—

(i) the council of the county or county borough which is or includes the petty sessions area for which the justice acts, or

(ii) where the justice acts for a petty sessions area which is partly included in two or more counties or county boroughs, the councils of those counties and county boroughs.]

(e) in relation to a metropolitan county, the council of the metropolitan district which is or includes the petty sessions area for which the justice acts.

[F5 (f) in relation to any other commission area—

(i) the council of the county or unitary district which is or includes the petty sessions area for which the justice acts, or

(ii) where the justice acts for a petty sessions area which is partly included in two or more counties or unitary districts, the councils of those counties and unitary districts;]

(6) Regulations may make provision as to the manner in which this section is to be administered, and in particular—

(a) for prescribing the forms to be used and the particulars to be provided for the purpose of claiming payment of allowances; and

(b) for avoiding duplication between payments under this section and under other arrangements where expenditure is incurred for more than one purpose, and otherwise for preventing abuses.

(7) Regulations for the purposes of this section shall be made by the [F1 Lord Chancellor] by statutory instrument, F6 . . .

Textual Amendments

F1 Words in s. 12(4)(7) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F2 Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(3)

F3 S. 12(5)(d) repealed (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(3)(a)

F4 S. 12(5)(d) inserted (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. I para. 1(2)

F5 S. 12(5)(f) inserted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(3)(b)

F6 Words in s. 12(7) repealed (1.11.1994) by 1994 c. 29, s. 93, Sch. 9 Pt. II; S.I. 1994/2594, art. 7