Access to Justice Act 1999

91 Accounting etc. functions of chief executives

(1) In the Justices of the Peace Act 1997, after section 41 (as substituted by section 88(1) above) insert—

“41A Justices' chief executive as collecting officer

(1) A justices' chief executive shall, by virtue of his office, be collecting officer of each of the courts for the area of the magistrates' courts committee which appointed him.

(2) A justices' chief executive shall act under any order made under section 30 of the [1914 c. 58.] Criminal Justice Administration Act 1914 (which provided for periodical payments under court orders to be made through an officer of the court or other third party) which, in accordance with the provisions of paragraph 16A of Schedule 4 to this Act, has effect to direct the payment of money to him.

(3) This section is without prejudice to the provisions of—

(a) section 59 of the [1980 c. 43.] Magistrates' Courts Act 1980 (periodical payments through justices' chief executive); and

(b) sections 59A and 62 of that Act (proceedings by justices' chief executive).”

(2) In section 60 of that Act (application of fines and fees)—

(a) in subsection (1) (payment to Lord Chancellor of sums received by a justices' clerk), for “justices' clerk” substitute “justices' chief executive” and omit paragraph (b)(ii) (special provision for compensation orders),

(b) in subsection (3) (exception for salary and expenses of justices' clerk), for “justices' clerk” substitute “justices' chief executive”,

(c) omit subsection (4) (which is superseded by the amendment made by subsection (3) of this section), and

(d) in the sidenote, for “fines and fees” substitute “receipts of justices' chief executive”.

(3) After that section insert—

“60A Regulations about payment, accounting and banking

The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations—

(a) as to the times at which, and the manner in which, a justices' chief executive shall pay sums payable by him to the Lord Chancellor or any other person;

(b) requiring the keeping and production of accounts by justices' chief executives in respect of sums received by them (apart from any received on account of their salaries or expenses as such) and for the inspection and audit of the accounts required to be kept; and

(c) requiring justices' chief executives to use specified banking arrangements or facilities, or banking arrangements or facilities of a specified description, in relation to sums received by them (apart from any received on account of their salaries or expenses as such).”

(4) In Part II of Schedule 4 to that Act (transitional provisions and savings), after paragraph 16 insert—

“16A. Any order made before 1st April 1953 under section 30 of the [1914 c. 58.] Criminal Justice Administration Act 1914 or section 1 of the [1914 c. 6 (4&5 Geo.5).] Affiliation Orders Act 1914—

(a) if it directs payments to be made to any officer of a court of summary jurisdiction, shall have effect as if it directed them to be made to the justices' chief executive who is the collecting officer of that court; and

(b) if it directs payments to be made to any person who is not an officer of a court of summary jurisdiction, shall have effect as if it directed them to be made to the justices' chief executive who is the collecting officer of the court making the order.”