Search Legislation

Administration of Justice Act 1973

Status:

This is the original version (as it was originally enacted).

Part IIITravelling, Subsistence and Financial Loss Allowances

8(1)Subject to the provisions of this paragraph, a justice of the peace shall be entitled to receive payments at the prescribed rates 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 to receive payments at the prescribed rate 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 National Insurance Acts 1965 to 1967 which he would otherwise have made or received.

(2)For purposes of this paragraph, 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 paragraph 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 paragraph or if regulations provide that this paragraph shall not apply; and a stipendiary magistrate shall not be entitled to any payment under this paragraph in respect of his duties as such.

(4)An allowance payable under this paragraph 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 paragraph 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 Receiver for the metropolitan police district;

(c)in relation to any of the outer London areas, the Greater London Council;

(d)in relation to a non-metropolitan county, the county council;

(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.

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

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

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

(6)Regulations for the purposes of this paragraph shall be made by the Secretary of State by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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 enacted version 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