The Magistrates' Courts Committees (Constitution) (Amendment) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Magistrates' Courts Committees (Constitution) Regulations 1999 as follows:

• A new regulation 5 (selection panels) is substituted. The new regulation 5 repeats the provisions of the old regulation 5 with amendments. The amendments provide that where a magistrates' courts committee area consists of a single petty sessions area, the selection panel shall always consist of four representatives of the bench. (The right of all members of the bench to be members of the selection panel has been removed.)

• In addition, the new regulation 5 provides that after an initial period, members of selection panels shall be appointed for a term of three years (instead of a term of one year as was the case under the old regulation 5). Members of selection panels continue to be eligible for reappointment after their term of appointment has ended.

• Transitional provisions provide for appointment to selection panels when there has been an order altering petty sessions areas.

• Regulation 12 (co-opted and appointed members) is amended by providing that co-opted members of magistrates' courts committees may serve for a maximum of three years only unless there are exceptional circumstances. Any period of service before 1st September 2001 is disregarded.

• Regulation 8 (committee membership) is amended. The amendments are consequential on the amendment to regulation 12 and also clarify eligibility for membership where a justice’s name will be entered on the supplemental list.

• Regulation 15 (rights of attendance) is omitted. This means that the rights of the keeper of the rolls and Liaison Judges to attend committee meetings, receive papers and make representations to the committee are removed.

• A new regulation 16 (exercise of default powers) is substituted. The new regulation 16 repeats the provisions of the old regulation 16 with amendments. The amendments provide for replacement of members of the selection panel and the committee if the Lord Chancellor orders a member to cease to be a member for non-compliance with the code of conduct in the Code of Conduct (Magistrates' Courts Committees and Selection Panels) Order 2000 (S.I. 2000/2148).