The Justices' Allowances Regulations 1976

1.  These Regulations may be cited as the Justices' Allowances Regulations 1976 and shall come into operation on 1st March 1976.

2.—(1) In these Regulations unless the context otherwise requires—

“authority” means any authority responsible by virtue of paragraph 8(4) of Schedule 1 to the Act, for the payment of allowances under that paragraph;

“the Act” means the Administration of Justice Act 1973.

(2) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament, and as if these Regulations and the Regulations revoked by these Regulations were Acts of Parliament.

3.  The Regulations contained in Schedule 4 to these Regulations are hereby revoked.

4.  The rates of travelling and subsistence allowance payable under paragraph 8 of Schedule 1 to the Act to a justice of the peace for any area in England or Wales in respect of expenditure on travelling, or, as the case may be, on subsistence, necessarily incurred by him for the purpose of enabling him to perform any of his duties as a justice shall be the rates set out in Schedules 1 and 2 to these Regulations respectively.

5.—(1) The rate of financial loss allowance payable under paragraph 8 of Schedule 1 to the Act to a justice of the peace for any area in England or Wales where for the purpose of enabling him to perform any of his duties as a justice there is incurred by him any expenditure (other than expense on account of travelling or subsistence) to which he would not otherwise be subject or there is suffered by him any loss of earnings or of benefit under the enactments relating to social security which he would otherwise have made or received shall be the amount of that expenditure or loss:

Provided that the allowance payable in respect of any one period of 24 hours shall not exceed—

(a) where the period of time over which earnings or benefit are lost or additional expense incurred is not more than 4 hours, the sum of £4.00; or

(b) where the said period of time is more than 4 hours, the sum of £8.00.

(2) For the purposes of paragraph (1) above, a justice shall not be treated as having incurred any expenditure or suffered any loss for the purpose of enabling him to perform any of his duties as a justice in so far as the expenditure was also incurred or the loss also suffered for the purpose of enabling the justice to perform an approved duty within the meaning of the Local Government Act 1972.

6.  A justice who desires to claim financial loss, travelling or subsistence allowance shall complete and submit to the authority an application in the appropriate form set out in Schedule 3 to these Regulations or in a form substantially to the like effect.

7.  An authority shall, so far as practicable, arrange for the issue to a justice of a ticket, or a document which can be exchanged for a ticket, to cover a journey in respect of which a travelling allowance would otherwise fall to be paid.

8.—(1) An authority shall keep a record of every payment made under paragraph 8 of Schedule 1 to the Act showing the amount and nature of the payment and the name of the justice to whom it is paid; and payments made in respect of duties as chairman, deputy chairman or member of the Crown Court shall be kept separate from other payments in the said record.

(2) For the purposes of this Regulations, expenditure incurred in the issue to a justice of a ticket or other document under Regulation 7 of these Regulations shall be deemed to be an amount paid to that justice.

9.  Where any expenditure or loss entitles a person to receive an allowance under paragraph 8 of Schedule 1 to the Act in respect of duties as a justice and an allowance of the same nature, by whatever name called, under any other enactment in respect of duties in respect of some other capacity, the aggregate amount which that person shall be entitled to receive under the said paragraph 8 on account of the said expenditure or loss shall be reduced by the aggregate amount received by him on that account under the other enactment, and any claim made under the said paragraph 8 shall contain particulars of any amount so received or claimed, or which it is intended to claim, under the other enactment.

Roy Jenkins

One of Her Majesty's Principal Secretaries of State

Home Office

Whitehall

27th January 1976