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Courts Act 1971

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This is the original version (as it was originally enacted).

53Administrative functions of justices

(1)The provisions of section 16 of and Schedule 4 to the Justices of the Peace Act 1949 (which provide for the establishment of magistrates' courts committees) shall be amended in accordance with Part I of Schedule 7 to this Act; and the following provisions of this section shall have effect with respect to certain administrative functions exercised by courts of quarter sessions and by members of such courts before the day appointed for the purposes of section 3 of this Act.

(2)Schedule 5 to the Criminal Justice Act 1948 (which contains administrative provisions about probation and after-care areas and committees, etc.) shall be amended as follows:

(a)in paragraph 1(1) (which relates to probation and after care areas comprising more than one petty sessional division) for the words " court of quarter sessions " there shall be substituted the words

magistrates' courts committee; and

(b)in paragraph 2(1)(a) (which provides for the constitution of probation and after-care committees for areas comprising more than one petty sessional division) for the words from " such number of additional" to the end of paragraph (a) there shall be substituted the words

such number of judges of the Crown Court and of additional justices who have experience of sitting as members of the Crown Court, as may be specified in the order.

(3)Visiting committees appointed as mentioned in subsection (1) of section 6 of the Prison Act 1952 (that is to say by courts of quarter sessions for counties and benches of magistrates for boroughs) shall be replaced by boards of visitors appointed under subsection (2) of that section, and accordingly the said section 6 and section 43(4) of the Prison Act 1952 (which relates to the application of certain provisions of that Act about prisons to remand centres, detention centres and Borstal institutions) shall be amended in accordance with Part II of Schedule 7 to this Act.

(4)For the purpose of replacing the references to courts of quarter sessions where they occur in the Licensing Act 1964 in relation to—

(a)county compensation committees, and

(b)the licensing planning committee for any licensing planning area that consists of or includes the metropolis, as defined in that Act,

the provisions of that Act specified in Part III of Schedule 7 to this Act shall be amended in accordance with that Part of that Schedule.

(5)In paragraph (b) of section 2(2) of the Police Act 1964 (one-third of police committee for a county police area to be magistrates for the county appointed by quarter sessions) for the words from " magistrates " in the first place where it occurs to the end of the paragraph there shall be substituted the words

appointed from among their own number by the magistrates for the county in accordance with a scheme made by the magistrates' courts committee for, or for an area including, the county and approved by the Secretary of State.

(6)Without prejudice to their effect on appointments made after the commencement of this Act, nothing in subsection (2), subsection (4) or subsection (5) above shall affect the membership of any probation and after-care committee, county compensation authority or police committee in existence at the commencement of this Act.

(7)The Secretary of State may by order made by statutory instrument make such amendments as appear to him to be expedient in consequence of the provisions of this Act in—

(a)any order made under paragraph 1 of Schedule 5 to the Criminal Justice Act 1948 (relating to combined probation and after-care areas), and

(b)any amalgamation scheme within the meaning of Part I of the Police Act 1964 ;

and an order under this subsection amending any such amalgamation scheme shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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