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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Justices of the Peace Act 1997. Any changes that have already been made by the team appear in the content and are referenced with annotations.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)A court may not order any justice of the peace or justices’ clerk to pay costs in any proceedings in respect of any act or omission of his in the execution (or purported execution) of his duty—
(a)as such a justice; or
(b)as such a clerk exercising, by virtue of any statutory provision, any of the functions of a single justice.
(2)Subsection (1) above does not apply in relation to—
(a)any proceedings in which a justice or justices’ clerk is being tried for an offence or is appealing against a conviction; or
(b)any proceedings in which it is proved that a justice or justices’ clerk acted in bad faith in respect of the matters giving rise to the proceedings.
(3)Where a court is prevented by subsection (1) above from ordering a justice or justices’ clerk to pay costs in any proceedings, the court may instead order the making by the Lord Chancellor of a payment in respect of the costs of a person in the proceedings.
(4)The Lord Chancellor may by statutory instrument make regulations specifying—
(a)circumstances when a court shall or shall not exercise the power conferred on it by subsection (3) above; and
(b)how the amount of any payment ordered under that subsection is to be determined.
(5)No regulations may be made under subsection (4) above unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
(6)In this section references to a justices’ clerk include any person appointed by a magistrates’ courts committee to assist a justices’ clerk.]
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Modifications etc. (not altering text)
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