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Administration of Justice Act 1973

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This is the original version (as it was originally enacted).

1Appointment of justices of the peace, and supplemental list

(1)Subject to the following subsections, there shall in England and Wales be a commission of the peace for the following areas (in this Act referred to as " commission areas ") and no others, that is to say any county, any London commission area and the City of London; and the commission for any commission area shall be a commission under the Great Seal addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for the commission area.

(2)Justices of the peace for any commission area, other than stipendiary magistrates, shall be appointed on behalf and in the name of Her Majesty by instrument under the hand of the Lord Chancellor, and a justice so appointed may be removed from office in like manner; and in any commission area other than the City of London such one of the justices as may be designated by the Lord Chancellor shall be keeper of the rolls.

(3)There shall be transmitted to the keeper of the rolls for each commission area, and be enrolled in the records of the justices for that area, a copy of any instrument appointing or removing a justice of the peace in that area in accordance with this section ; and the keeper of the rolls shall be notified in such manner as the Lord Chancellor may direct of any resignation or death of a justice so appointed, and shall cause to be kept and from time to time rectified a record of those for the time being holding office by virtue of any such appointment.

(4)There shall be kept in the office of the Clerk of the Crown in Chancery—

(a)a record of all persons for the time being holding office as justice of the peace by virtue of appointments made in accordance with this section, together with the instruments of appointment or removal; and

(b)a supplemental list for England and Wales as provided for by subsection (5) below.

(5)The supplemental list for England and Wales under this Act shall be in lieu of the supplemental lists provided for by section 4 of the Justices of the Peace Act 1949, but shall include the like names and be of the like effect as those lists, except that—

(a)where a person ceases to be a justice for any com mission area and is thereupon appointed a justice for another area the Lord Chancellor may direct that his name shall be entered in the supplemental list; and

(b)the entry of a person's name in the supplemental list shall not preclude him, if so authorised by the Lord Chancellor, from acting as a judge of the Crown Court so long as he has not attained the age of 72 years.

(6)Subsections (1) to (3) above shall be without prejudice to the position of the Lord Mayor and aldermen as justices for the City of London by virtue of the charters of the City, but so that any of them may be excluded by the Lord Chancellor from the exercise of his functions as a justice ; and in the application of subsection (3) to the City a reference to the Lord Mayor shall be substituted for any reference to the keeper of the rolls.

(7)In relation to the counties of Greater Manchester, Mersey-side and Lancashire subsections (1) to (3) above shall have effect with the substitution for references to the Lord Chancellor of references to the Chancellor of the Duchy of Lancaster; and in subsection (5) the references to the Lord Chancellor shall have effect as references to the Chancellor of the Duchy of Lancaster so far as relates to the entry in or removal from the supplemental list of the name of a person who is a justice of the peace only for any of those counties.

(8)For the purposes of this section the Isles of Scilly shall form part of the county of Cornwall.

(9)There shall cease to have effect—

(a)section 1 of the Metropolitan Police Act 1829 in so far as it regulates the appointment or removal of the Commissioner of Police of the Metropolis ; and

(b)so much of section 2 of the Metropolitan Police Act 1856 as provides for the Assistant Commissioners of Police of the Metropolis to be justices of the peace; and the Commissioner of Police shall be appointed in like manner as Assistant Commissioners are under the said section 2 to be appointed.

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