The Justices of the Peace Act 1949 (Compensation) (Revocation) Regulations 2011

Statutory Instruments

2011 No. 1721

Magistrates’ Courts

The Justices of the Peace Act 1949 (Compensation) (Revocation) Regulations 2011

Made

13th July 2011

Laid before Parliament

14th July 2011

Coming into force

5th August 2011

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by paragraph 11 of Schedule 9 to the Courts Act 2003(1), and vested in him(2).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Justices of the Peace Act 1949 (Compensation) (Revocation) Regulations 2011 and come into force on 5th August 2011.

(2) In these Regulations, “the Crombie Regulations” means the Justices of the Peace Act 1949 (Compensation) Regulations 1978(3)

Revocation of the Crombie Regulations

2.—(1) The Crombie Regulations are revoked.

(2) The Justices of the Peace Act 1949 (Compensation) (Variation) Regulations 1995(4) are revoked.

Savings

3.  Regulation 2 does not apply in relation to—

(a) the interpretation of terms used in the Crombie Regulations;

(b) any claim for compensation under the Crombie Regulations where the loss of office or loss or diminution of emoluments to any person to whom regulation 4 of those Regulations applied was attributable to an event occurring before 5th August 2011;

(c) the determination of any such claim or any request for review of an award made under the Crombie Regulations, or any right of appeal from a decision with respect to a compensation question;

(d) any provisions applicable to the adjustment, review, reduction, compounding or exclusion of compensation payable under the Crombie Regulations;

(e) any requirement to make a payment in the circumstances to which regulation 21 (superannuation contributions) of the Crombie Regulations refers;

(f) any provision as to the intervals for payment of retirement compensation and payments on death.

Kenneth Clarke

Lord Chancellor

Ministry of Justice

13th July 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke the Justices of the Peace Act 1949 (Compensation) Regulations 1978 (S.I. 1978/1682) (known as “the Crombie Regulations”) which provide for compensation for loss of office or loss or diminution of emoluments of justices’ clerks and their assistants in post on or before 2nd February 1995.

Regulation 3 makes saving provisions. The revocation of the Crombie Regulations does not affect those whose entitlements relate to an event which occurred before 5th August 2011, when these revoking regulations come into force.

(1)

2003 c.39. The Justices of the Peace Act 1949 (Compensation) Regulations 1978 (S.I. 1978/1682) were made under powers contained in section 42 of the Justices of the Peace Act 1949 (c.101). Section 42 was repealed by the Justices of the Peace Act 1979 (c.55) (“the 1979 Act”) but paragraph 13(1) of Schedule 1 to that Act saved the Regulations and provided that they may be revoked or varied. The 1979 Act was repealed by the Justices of the Peace Act 1997 (c.25) (“the 1997 Act”) but paragraph 20 of Schedule 4 to the 1997 Act saved the Regulations by a provision materially identical to paragraph 13 of Schedule 1 to the 1979 Act. Paragraph 20 of Schedule 4 to the 1997 Act has been superseded by paragraph 11 of Schedule 9 to the Courts Act 2003 which, in its turn, saved the Regulations and provided that they may be revoked or varied.

(2)

S.I. 1992/709

(3)

S.I 1978/1682, as amended by S.I. 1995/41.

(4)

S.I. 1995/41