C1Part II Organisation of Functions of Justices

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 17-30) extended (1.11.1994 for specified purposes and 1.4.1995 for all remaining purposes) by 1994 c. 29, s. 79(2)(6); S.I. 1994/2594, art. 4; S.I. 1995/685, art. 3.

Magistrates’ courts committees

24 Procedure relating to s. 23.

1

Before submitting to the F2Lord Chancellor a draft order or a report under section 23 of this Act about any area, a magistrates’ courts committee—

a

shall consult the F3council of every non-metropolitan county F4F5unitary districtF6, county borough in Wales or F7. . . London boroughF8which includes all or part of the area and the magistrates for any existing petty sessional division in the area; and

b

in the case of a draft order F9concerning a non-metropolitan countyF10in England, after complying with paragraph (a) above, shall send a copy of their proposals to every interested authority and take into consideration any objections made in the prescribed manner and within the prescribed time.

2

A magistrates’ courts committee submitting to the F2Lord Chancellor a draft order or a report under section 23 of this Act shall comply with such requirements (if any) as to notice as may be prescribed; and the F2Lord Chancellor, before making an order under that section about any area otherwise than in accordance with a draft submitted to him by the magistrates’ courts committee, shall send a copy of his proposals to the committee, to the F11council of every non-metropolitan county F12, F5unitary districtF5, county borough in Wales or F13. . . London borough F14which includes all or part of the area, to the magistrates for any existing petty sessional division in the area and, if a non-metropolitan county F10in England is concerned, to every interested authority.

3

Before making any order under section 23 of this Act the F2Lord Chancellor shall take into consideration any objections made in the prescribed manner and within the prescribed time, and may cause a local inquiry to be held.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

5

Subject to the provisions of Schedule 1 to this Act, the powers conferred by section 23 of this Act shall be in substitution for any other power to create or alter petty sessional divisions F16. . ., except powers conferred by any other provision of this Act F17or by section 69 of the Police and Magistrates’ Courts Act 1994.

6

For the purposes of this section—

a

“interested authority”, in relation to any order or draft order F18concerning a non-metropolitan county F10in England, means the council of any district in the county F19(other than a unitary district) which is wholly or partly included in the area to which the order or draft order relates; and

b

an order shall be deemed to be made in accordance with a draft order if either it is made in terms of the draft order or the departures from the draft order do not, in the opinion of the F2Lord Chancellor, effect important alterations in the draft order.