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Justices of the Peace Act 1979

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This is the original version (as it was originally enacted).

64Disqualification in certain cases of justices who are members of local authorities

(1)A justice of the peace who is a member of a local authority within the meaning of the [1972 c. 70.] Local Government Act 1972 or the [1973 c. 65.] Local Government (Scotland) Act 1973 shall not act as a member of the Crown Court or of a magistrates' court in any proceedings brought by or against, or by way of appeal from a decision of, the authority or any committee or officer of the authority.

(2)For the purposes of subsection (1) above—

(a)any reference to a committee of a local authority includes a joint committee, joint board, joint authority or other combined body of which that authority is a member or on which it is represented ; and

(b)any reference to an officer of a local authority refers to a person employed or appointed by the authority, or by a committee of the authority, in the capacity in which he is employed or appointed to act.

(3)A justice of the peace who is a member of the Common Council of the City of London shall not act as a member of the Crown Court or of a magistrates' court in any proceedings brought by or against, or by way of appeal from a decision of, the Corporation of the City or the Common Council or any committee or officer of the Corporation or Common Council; and subsection (2) above shall apply for the purposes of this subsection, with the substitution, for references to a local authority, of references to the Corporation or the Common Council.

(4)Nothing in this section shall prevent a justice from acting in any proceedings by reason only of their being brought by a police officer.

(5)No act shall be invalidated by reason only of the disqualification under this section of the person acting.

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