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The Local Justice Areas (No. 2) Order 2012

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Article 5

SCHEDULE

This schedulenoteType=Explanatory Memorandum has no associated

PART 1Consequential and Transitional Provisions

1.  (1)  In relation to a new area, the persons and bodies referred to in sub-paragraph (2) shall be appointed, elected or formed (as the case may be) in the prescribed manner and for the prescribed term, to take effect on 1st January 2013.

(2) The persons and bodies are-

(a)a chairman and one or more deputy chairmen of the justices of a local justice area;

(b)a Bench Training and Development Committee;

(c)a family panel and a chairman and one or more deputy chairman of a family panel;

(d)a youth panel and a chairman and one or more deputy chairman of a youth panel.

(3) In sub-paragraph (1) the expressions “the prescribed manner” and “the prescribed term” mean respectively-

(a)in relation to the election of a chairman or deputy chairman of the justices, the manner prescribed by the Justices of the Peace (Size and Chairmanship of Bench) Rules 2005(1) and a term ending on 31st December 2013;

(b)in relation to the formation of a Bench Training and Development Committee and the appointment of a member of a Bench Training and Development Committee, the manner prescribed by the Justices of the Peace (Training and Development Committee) Rules 2007(2), and a term ending for one third of the members on 31st December in the years 2013, 2014 and 2015 respectively;

(c)in relation to the formation of a family panel and the election of a chairman and one or more deputy chairmen of a family panel, the manner prescribed by the Family Courts (Constitution of Committees and Right to Preside) Rules 2007(3), and as regards any such election, a term ending on 31st December 2013;

(d)in relation to the formation of a youth panel and the election of a chairman and one or more deputy chairmen of a youth panel, the manner prescribed by the Youth Courts (Constitution of Committees and Right to Preside) Rules 2007(4), and as regards any such election, a term ending on 31st December 2013.

(4) In this Part of this Schedule any reference to the manner prescribed by rules for any election, appointment or formation shall not include provisions relating to dates, times or time limits.

2.  (1)  The persons who will be justices for a new area may hold a meeting before 1st January 2013 for the purposes set out in this Part of the Schedule and in order to prepare to assume their functions on and after that date.

(2) If a meeting is held in accordance with sub-paragraph (1) it shall be treated as if it were a meeting of the justices for the new area for the purposes of the enactments cited in this Part of this Schedule despite the fact that the new area was not at that time in existence.

(3) The persons appointed or elected for a new area under paragraph 1(1) may hold one or more meetings after the conclusion of the process of appointment or election but before 1st January 2013 for the purpose of preparing to assume their functions on and after that date.

PART 2Other things done

3.  Subject to the provisions of this Schedule anything done before 1st January 2013 by, to, before or in relation to any justices for an existing area, their clerk or any other officer of the court, shall on or after that date, be deemed to have been done by, to, before or in relation to those justices, their clerk or any other officer of the court, as justices for the new area, their clerk or any other officer of the court, as the case may be.

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