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Police and Magistrates' Courts Act 1994

Status:

This is the original version (as it was originally enacted).

Inner London area

79Magistrates' courts committee for inner London area

(1)Section 35 of the 1979 Act (under which the committee of magistrates for the inner London area is constituted) shall cease to have effect.

(2)The body corporate constituted under that section shall remain in existence, but as a magistrates' courts committee for the inner London area constituted in accordance with Part II of the 1979 Act.

(3)Any reference in any document to the committee of magistrates shall have effect, in relation to any time after the commencement of subsection (2) above, as a reference to the magistrates' courts committee for the inner London area.

(4)In section 19(2) of the 1979 Act (areas to which magistrates' courts committees relate) for the word “and” at the end of paragraph (c) there shall be substituted the words—

(cc)the inner London area; and.

(5)Section 38(2) of the 1979 Act (which confers administrative functions on the chief metropolitan stipendiary magistrate) shall cease to have effect.

(6)Subsections (2) and (3) above have effect subject to any order made under section 69 of this Act after the commencement of subsection (2) above.

80Organisation of justices' clerks in inner London area

(1)Section 37 of the 1979 Act (which obliges the committee of magistrates for the inner London area to appoint a principal chief clerk and chief clerks, together with such senior deputy chief clerks, deputy chief clerks and other officers as may be necessary) shall cease to have effect.

(2)Any person who, immediately before the commencement of subsection (1) above, holds office as principal chief clerk for the inner London area shall be taken to have been appointed by the magistrates' courts committee for the inner London area as justices' chief executive in accordance with section 24D of the 1979 Act.

(3)Any person who, immediately before the commencement of subsection (1) above, holds office as chief clerk for any petty sessional division of the inner London area or for the youth courts or family proceedings courts for that area and the City of London shall be taken to have been appointed by the magistrates' courts committee for the inner London area in accordance with section 25 of the 1979 Act as a justices' clerk for that petty sessional division or, as the case requires, in accordance with section 34B of that Act as a justices' clerk for those courts.

(4)Except as provided by subsections (5) to (7) of section 25 of the 1979 Act, any person to whom subsection (2) or (3) above applies shall hold and vacate office in accordance with the terms of his appointment or, if he has entered into a contract of service (whether before or after the commencement of subsection (1) above), in accordance with the terms of his contract of service.

(5)The abolition by virtue of subsection (1) above of the statutory offices of senior deputy chief clerk and deputy chief clerk shall not affect the continuation of the contract of service of any person who holds either of those offices immediately before the commencement of that subsection.

(6)A person who is employed under a contract of service to which subsection (5) above applies shall not be dismissed from his employment without the approval of the Lord Chancellor; and before approving the dismissal of any such person the Lord Chancellor shall consider any representations made by him.

(7)Any reference in any instrument or document to the chief clerk for any petty sessional division of the Inner London area or for the youth courts or family proceedings courts for that area and the City of London shall have effect, in relation to any time after the commencement of subsection (1) above, as a reference to the justices' clerk for that petty sessional division or, as the case may be, for those courts.

81Division of work in inner London area

After section 34 of the 1979 Act there shall be inserted—

34ADivision of work in inner London area

(1)There shall be established for the purposes of this section a committee consisting of the following members—

(a)the chief metropolitan stipendiary magistrate,

(b)six lay justices appointed by the chairmen of the petty sessional divisions of the inner London area, and

(c)six metropolitan stipendiary magistrates appointed by the chief metropolitan stipendiary magistrate.

(2)The lay justices eligible for appointment under paragraph (b) of subsection (1) above include any of the chairmen referred to in that paragraph.

(3)The members of the committee shall hold office for a period of twelve months, but shall be eligible for re-appointment.

(4)The chief metropolitan stipendiary magistrate shall be the chairman of the committee.

(5)It shall be the duty of the committee—

(a)to keep under consideration the division of work in the inner London area between the metropolitan stipendiary magistrates and the lay justices, and

(b)to give general directions to any magistrates' courts committee for any area which consists of or includes the whole or any part of the inner London area as to the division of the work.

82Pensions etc. of justices' chief executive, justices' clerks and staff in inner London area

(1)Schedule 7 (which re-enacts certain provisions relating to the functions of the Receiver for the Metropolitan Police District with respect to pensions etc. of court staff) shall have effect.

(2)The Lord Chancellor may by order make provision with respect to pensions, allowances or gratuities payable to or in respect of inner London court staff, or any class of inner London court staff.

(3)An order under subsection (2) above may—

(a)itself make provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the order, are to be or may be paid to or in respect of inner London court staff, or any class of inner London court staff, or

(b)provide that the civil service provisions are to have effect, with such modifications as may be prescribed by the order, in relation to the payment by such persons as may be so prescribed, out of such funds as may be so prescribed, of pensions, allowances and gratuities to or in respect of inner London court staff, or any class of inner London court staff.

(4)Without prejudice to the generality of subsections (2) and (3) above, an order under subsection (2)—

(a)may include all or any of the provisions referred to in paragraphs 1 to 11 of Schedule 3 to the [1972 c. 11.] Superannuation Act 1972, and

(b)may make different provision as respects different classes of persons and different circumstances.

(5)Paragraphs 1 to 11 of Schedule 3 to the [1972 c. 11.] Superannuation Act 1972 shall have effect, in their application for the purposes of this section, as if references to regulations were references to an order under this section and references to the Secretary of State were references to the Lord Chancellor.

(6)Subsections (3) and (4) of section 7 of the [1971 c. 56.] Superannuation Act 1972 (which relate to increases under the Pensions (Increase) Act 1971) shall have effect in relation to an order under subsection (2) above as they have effect in relation to regulations under that section.

(7)The Lord Chancellor may by order repeal or amend any of the relevant enactments, whether or not he makes provision under subsection (2) above.

(8)An order under subsection (2) or (7) above may make such consequential, transitional, incidental or supplemental provision (including provision amending or repealing any provision of this Act, the 1979 Act or any other enactment) as the Lord Chancellor thinks necessary or expedient.

(9)Before making an order under subsection (2) or (7) above the Lord Chancellor shall consult—

(a)the inner London magistrates' courts committee,

(b)such local authorities as appear to him to be concerned,

(c)the Receiver for the Metropolitan Police District, and

(d)such representatives of other persons likely to be affected by the proposed order as appear to him to be appropriate.

(10)An order under subsection (2) or (7) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11)In this section—

  • “the civil service provisions” has the meaning given by section 15(1) of the [1967 c. 28.] Superannuation (Miscellaneous Provisions) Act 1967,

  • “inner London court staff” means the justices' chief executive employed by the inner London magistrates' courts committee, any justices' clerk for the inner London area and staff of the inner London magistrates' courts committee,

  • “the inner London magistrates' courts committee” means the magistrates' courts committee for an area consisting of or including the inner London area or, if there is no such committee, every magistrates' courts committee for any area which consists of or includes any part of the inner London area, and

  • “the relevant enactments” means—

    (a)

    Schedule 7 to this Act, and

    (b)

    section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 (superannuation of metropolitan civil staffs) so far as it relates to the persons mentioned in subsection (1)(a)(ii) of that section.

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