Part 2Justices of the peace
Miscellaneous
41Disqualification of lay justices who are members of local authorities
1
A lay justice who is a member of a local authority may not act as a member of the Crown Court or a magistrates' court in proceedings brought by or against, or by way of an appeal from a decision of—
a
that local authority,
b
a committee or officer of that local authority, or
c
if that local authority is operating executive arrangements (within the meaning of Part 2 of the Local Government Act 2000 (c. 22))—
i
the executive of that local authority (within the meaning of that Part), or
ii
any person acting on behalf of that executive.
2
A lay justice who is a member of the Common Council of the City of London may not act as a member of the Crown Court or a magistrates' court in proceedings brought by or against, or by way of an appeal from a decision of—
a
the Corporation of the City,
b
the Common Council, or
c
a committee or officer of the Corporation or the Common Council.
3
A joint committee, joint board, joint authority or other combined body—
a
of which a local authority, the Corporation or the Common Council is a member, or
b
on which the local authority, the Corporation or the Council is represented,
is to be regarded for the purposes of this section as a committee of the local authority, Corporation or Common Council.
4
Any reference in this section to an officer of—
a
a local authority,
b
the Corporation, or
c
the Common Council,
is to a person employed or appointed by, or by a committee of, the local authority, Corporation or Common Council in the capacity in which he is employed or appointed to act.
5
No act is invalidated merely because of the disqualification under this section of the person by whom it is done.
6
“Local authority” means—
a
a local authority within the meaning of the Local Government Act 1972 (c. 70),
b
a local authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),
c
a police authority established under section 3 of the Police Act 1996 (c. 16), the Metropolitan Police Authority, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad,
d
the London Fire and Emergency Planning Authority,
e
a joint authority established under Part 4 of the Local Government Act 1985 (c. 51),
f
a National Park Authority,
g
the Broads Authority, or
h
a housing action trust established under Part 3 of the Housing Act 1988 (c. 50).
42Effect of Act of Settlement on existing justices of the peace
Nothing in section 3 of the Act of Settlement (1700 c. 2) (certain persons born outside the United Kingdom) invalidates—
a
any appointment, whether made before or after the passing of this Act, of a justice of the peace, or
b
any act done by virtue of such an appointment.