The Petty Sessional Divisions (Northamptonshire) Order 1987

Article 4

SCHEDULE 3 TRANSITIONAL AND OTHER CONSEQUENTIAL PROVISIONS

1.  In this Schedule—

“abolished division” means a division abolished by Article 3 of this Order;

“new division” means a division constituted by Article 3 of this Order;

“respective new division” in relation to an abolished division means the new division specified opposite to that abolished division in column (2) of the Appendix to this Schedule;

“community service order” means an order made under section 14 of the Powers of Criminal Courts Act 1973(1);

“probation order” means a probation order made, or having effect as if made, under section 2 of the Powers of Criminal Courts Act 1973;

“supervision order” means any of the following orders, that is to say—

(a)

a supervision order within the meaning of section 11 of the Children and Young Persons Act 1969(2);

(b)

an order under section 2(1)(f) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960(3) or section 9 of the Domestic Proceedings and Magistrates Courts Act 1978(4);

(c)

an order under section 2(2)(a) of the Guardianship Act 1973(5);

(d)

a supervision order within the meaning of section 26 of the Powers of Criminal Courts Act 1973;

(e)

an order under section 17(1)(a) or section 36(3)(b) of the Children Act 1975(6)

2.—(1) The justices for a new division shall appoint in the prescribed manner, so far as may be applicable, and for the prescribed term, to take office on 1st April 1987—

(a) a chairman and one or more deputy chairmen;

(b) a juvenile court panel;

(c) one or more probation liaison committees;

(d) a justice or justices to serve as a member or members of the magistrates' courts committee for the county of Northamptonshire;

(e) a divisional licensing committee;

(f) a betting licensing committe;

(g) a domestic court panel.

(2) In the foregoing sub-paragraph, the expressions “the prescribed manner” and “the prescribed term” mean respectively—

(a) in relation to the election of a chairman or deputy chairman, the manner prescribed by rules made, or having effect as if made, under section 18 of the Justices of the Peace Act 1979 and a term ending at the expiration of the month of December 1987;

(b) in relation to the appointment of a juvenile court panel, the manner prescribed by rules made, or having effect as if made, under section 144 of the Magistrates' Courts Act 1980(7), as extended by section 146 of that Act, and a term ending at the expiration of the month of December 1988;

(c) in relation to the appointment of a probation liaison committee, the manner prescribed by rules made, or having effect as if made, under Schedule 3 to the Powers of Criminal Courts Act 1973 and a term ending at the expiration of the month of December 1987;

(d) in relation to the appointment of a member of the magistrates' courts committee, the manner prescribed by regulations made, or having effect as if made, under section 21 of the Justices of the Peace Act 1979 and a term ending at the expiration of the month of November 1987;

(e) in relation to the appointment of the divisional licensing committee, the manner prescribed in Part I of Schedule 1 to the Licensing Act 1964(8) and a term ending at the expiration of the month of December 1987;

(f) in relation to the appointment of the betting licensing committee, the manner prescribed by the Betting (Licensing) Regulations 1960(9) and a term ending at the expiration of the month of December 1987;

(g) in relation to the appointment of a domestic court panel, the manner prescribed by rules made, or having effect as if made under section 144 of the Magistrates' Courts Act 1980, as extended by section 67 of that Act, and a term ending at the expiration of the month of December 1989.

3.  The permitted hours under Part III of the Licensing Act 1964 in force immediately before 1st April 1987 in an abolished division shall continue in force there until the coming into operation of an order under the said Part III, fixing permitted hours, made in the year 1987 at the general annual licensing meeting of the justices for the respective new division.

4.  Anything required by virtue of the foregoing provision of this Schedule to be done on or after 1st April 1987 by, or in relation to, the clerk to the justices for an abolished division shall be done by, or in relation to, the clerk to the justices for the respective new division.

5.  Subject to the foregoing provisions of this Schedule, any process issued, order made, sentence passed, appeal brought, case stated, licence granted, recognizance entered into, proceedings begun, appointment made or other thing done before 1st April 1987 by, from, to or before any justices for an abolished division or their clerk shall, on and after that date, be deemed to have been issued, made, passed, brought, stated, granted, entered into, begun or done by, from, to or before those justices as justices for the respective new division or their clerk, as the case may be.

6.  Any order made by a magistrates' court directing the payment of money to the clerk or any other officer of a magistrates' court acting for an abolished division shall have effect as if it had directed payment to be made to the clerk to the justices for the respective new division.

7.—(1) Any process, records or other documents in the custody, by virtue of his office as such, of the clerk to the justices for an abolished division shall be retained by that clerk in his capacity as clerk to the justices for the respective new division.

(2) Copies of, and extracts from, any such record or other document as aforesaid made or certified by the clerk to the justices for the respective new division shall be of the same effect as if they had been made or certified by the clerk to the justices for the abolished division.

8.  Where an abolished division is named in a community service order, probation order or supervision order, the powers and functions of the justices for that division in relation to the order shall vest in and be discharged by the justices for the respective new division and the order, unless amended in regard to the division named, shall have effect in all respects as if the respective new division was named therein.

APPENDIX TO SCHEDULE 3

(1)	(2)
Abolished Division	Respective New Division
Brackley	Towcester
Corby	Corby
Daventry	Daventry
Kettering	Kettering
Mid-Northants (in respect of the area comprising the parishes set out in Part II of Schedule 1 to this Order)	Daventry
Mid-Northants (in respect of the area apart from that comprising the parishes set out in Part II of Schedule 1 to this Order)	Towcester
Oundle and Thrapston (in respect of the area comprising the parishes set out in Part I of Schedule 1 to this Order)	Corby
Oundle and Thrapston (in respect of the area comprising the parishes set out in Part III of Schedule 1 to this Order)	Kettering
Oundle and Thrapston (in respect of the parish of Great Addington)	Wellingborough
Towcester	Towcester
Wellingborough	Wellingborough

(1)

1973 c. 62.

(2)

1969 c. 54.

(3)

1960 c. 48.

(4)

1978 c. 22.

(5)

1973 c. 29.

(6)

1975 c. 72.

(7)

1980 c. 43.

(8)

1964 c. 26.

(9)

S.I. 1960/1701