Search Legislation

Administration of Justice Act 1973

Status:

This is the original version (as it was originally enacted).

Part IIISupplementary

19Repeals

(1)The enactments mentioned in Schedule 5 to this Act (which in Part I includes certain enactments that are to the extent specified in column 3 superseded or otherwise obsolete or unnecessary, or become so with the amendment provided for by subsection (2) below) are to the extent so specified hereby repealed, but subject—

(a)in the case of the repeals made by Part I or Part II of Schedule 5 to this Act, to the saving in section 20(6) below; and

(b)in the case of the repeals made by Part V of Schedule 5, to the saving in paragraph 4 of Schedule 4.

(2)In the Supreme Court of Judicature (Consolidation) Act 1925, in section 2(1) as amended by subsequent enactments, for the words " and not less than twenty-five puisne judges of that Court" there shall be substituted the words

and the puisne judges of that Court.

20Commencement and transitional

(1)The following provisions shall have effect with respect to the coming into force of this Act:—

(a)Part I of this Act and the repeals made by Part II of Schedule 5 shall not come into force until the 1st April 1974 except in so far as provision to the contrary is made by order of the Lord Chancellor made by statutory instrument;

(b)sections 8, 17 and 18 shall not come into force until the expiration of one month beginning with the date this Act is passed ; and

(c)section 10 shall come into force on such day as may be appointed by order of the Lord Chancellor and the Secretary of State made by statutory instrument.

(2)Any order of the Lord Chancellor under subsection (1)(a) above may make such consequential or transitional provision as appears to the Lord Chancellor to be necessary by reason of the bringing into force thereby of any provisions before 1st April 1974 (and in particular may make any provision that may be required so that the provisions in force before that date may operate without the provisions not in force, or may operate as regards local government or other matters in conjunction with the law as it is before that date), and may adapt accordingly any reference in this Act to that date or to the beginning of that month.

(3)Notwithstanding subsection (1) above, section 1(1) to (3) of this Act shall apply to any commission of the peace issued or appointment of a justice made before the 1st April 1974 but taking effect only on or after that date; and, subject to section 217 of the Local Government Act 1972.—

(a)any other commission of the peace issued before that date, unless and until superseded by a commission taking effect on or after that date, shall thenceforth have effect as if addressed generally as required by section 1(1) above ; and

(b)any person holding office as justice of the peace on that date by virtue of any such commission shall thenceforth hold that office as if appointed in accordance with section 1(2), and shall be included accordingly in the records required by section 1(3) and (4).

(4)Where immediately before the 1st April 1974 a person's name is entered in the supplemental list kept in connection with any commission of the peace by virtue of section 4 of the Justices of the Peace Act 1949, his name shall be treated as included in the supplemental list for England and Wales under this Act.

(5)Any person who immediately before the 1st April 1974 holds office as stipendiary magistrate for any area under section 29 of the Justices of the Peace Act 1949 shall from the beginning of that month become stipendiary magistrate in any commission area comprising that area or part of it, and shall be treated for all purposes as if he had been appointed stipendiary magistrate in that commission area under section 2 above:

Provided that—

(a)his salary shall not be less than that payable to him immediately before that date ; and

(b)contributions to his superannuation allowance under Part I of Schedule 1 to this Act and to any derivative benefit within the meaning of the Administration of Justice (Pensions) Act 1950 shall be paid and borne as if this Act had not been passed and his service as stipendiary magistrate after the beginning of April 1974 had been service as a metropolitan stipendiary magistrate; and

(c)for the purposes of paragraph 1 of Schedule 1 to this Act the date of his appointment shall be taken to have been that of his appointment to the office held by him immediately before the beginning of that month.

(6)Nothing in Part I of this Act or in any repeal made by Part I or II of Schedule 5 shall affect—

(a)any superannuation or other benefits payable wholly in respect of service ending before 1st April 1974, or the person by whom or manner in which any such benefits are to be paid or borne ; or

(b)the division of any commission area into petty sessional divisions as existing at the beginning of that month ; or

(c)any regulations in force at the beginning of that month under section 8 of the Justices of the Peace Act 1949 ; but any such regulations shall thereafter have effect as if made under Part III of Schedule 1 to this Act.

21Short title and extent

(1)This Act may be cited as the Administration of Justice Act 1973.

(2)The foregoing sections of this Act shall not extend to Scotland or to Northern Ireland except to the following extent, that is to say—

(a)sections 9 to 12 of this Act, and the repeals made by Parts IV and V of Schedule 5, shall extend to Scotland or to Northern Ireland in so far as they affect the law of Scotland or of Northern Ireland ; and

(b)sections 8, 14 and 18 of this Act (together with so much of section 20(1) as relates to those sections) shall extend to Northern Ireland.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources