Miscellaneous
Section 41: Disqualification of justices who are members of local authorities
91.This section makes similar provision to section 66 of the JPA 1997: which provides for the disqualification of lay magistrates who are members of local authorities from acting in cases involving the relevant local authority.
Section 42: Effect of Act of Settlement on existing justices of the peace
92.This section retrospectively validates the appointments of a number of foreign lay magistrates appointed before 31 January 2002 in unwitting breach of the nationality requirements of the Act of Settlement 1700, and allows them to resume their role as lay magistrates. Their actions as magistrates prior to this legislation are not invalidated. The section also ensures that the restrictions in the Act of Settlement do not apply to appointments made after this Act received the Royal Assent.
93.The Act of Settlement 1700 imposes restrictions as to who may be employed in the service of the Crown. Section 3 of this Act applied to lay magistrates, meaning that any non-UK, Eire or Commonwealth nationals sitting as lay magistrates were doing so in violation of this Act
Part 3: Magistrates’ Courts.Summary
94.This Part makes a number of changes to the jurisdiction and procedures of magistrates’ courts, designed to increase flexibility and efficiency in the disposal of the business of the courts.