The Magistrates' Courts (Grants) Regulations 1998

Statutory Instruments

1998 No. 2165

MAGISTRATES' COURTS

The Magistrates' Courts (Grants) Regulations 1998

Made

2nd September 1998

Laid before Parliament

3rd September 1998

Coming into force

30th September 1998

The Lord Chancellor, in exercise of the power conferred on him by Section 57(4A) of the Justices of the Peace Act 1997(1), with the concurrence of the Treasury, makes the following Regulations:

1.  These Regulations may be cited as the Magistrates' Courts (Grants) Regulations 1998 and shall come into force on 30th September 1998.

2.—(1) The following descriptions of expenditure of responsible authorities in pursuance of their functions under Part VI of the Justices of the Peace Act 1997 shall be taken not to be capital expenditure for the following purposes:

(a) for the purposes of sections 55(3), 55(7) and 57 of that Act, expenditure incurred by a paying authority in relation to a Libra contract;

(b) for the purposes of sections 55(7) and 57 of that Act, expenditure incurred by a paying authority under a private finance transaction to procure the use of serviced accommodation.

(2) In paragraph (1)–

(a) “private finance transaction” has the meaning given in regulation 16(2) of the Local Authorities (Capital Finance) Regulations 1997(2); and

(b) “serviced accommodation” means the petty sessional court-houses and other accommodation proper for the performance of the functions described in section 55(1) of the Justices of the Peace Act 1997 and services provided in relation to the use of such court-houses and accommodation.

(c) “Libra contract” means any contract entered into by a magistrates' court committee within the framework of the main agreement, known as the Libra agreement, entered into by the Lord Chancellor’s Department for the provision of information system services to magistrates' courts.

Irvine of Lairg,C.

Dated 25th August 1998

We consent

Graham Allen

Bob Ainsworth

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 2nd September 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide that the following descriptions of expenditure are to be taken not to be capital expenditure for certain purposes of the Justices of the Peace Act 1997:–

(a) expenditure by magistrates' courts committees on the procurement of the Libra computer service; and

(b) expenditure by funding authorities to procure the use of “serviced accommodation” (i.e. accommodation plus services) to enable magistrates and magistrates' courts committees to perform their statutory functions.

(1)

1997 c. 25; subsection (4A) was inserted by section 10 of the Local Government (Contracts) Act 1997 (c. 65).

(2)

S.I. 1997/319.