Administration of Justice Act 1964

35 Application of supplementary provisions of the London Government Act 1963

(1) The following provisions of the London Government Act 1963, that is to say—

(a) section 84 (power to make orders containing consequential, transitional and supplementary provisions);

(b) section 85(1) to (4) (transfer and compensation of officers); and

(c) section 87 (local Acts and instruments);

shall, subject to subsections (2) to (4) of this section, have effect as if the provisions of Part I of and Schedule 4 to this Act were provisions of that Act.

(2) The officers to whom the said section 85(1) applies by virtue of subsection (1) of this section shall not include any persons other than clerks of the peace, deputy clerks of the peace and other officers of a court of quarter sessions, members of the staff of metropolitan stipendiary courts, justices' clerks and other members of the staff of magistrates' courts and probation officers and other persons employed by probation committees or the Secretary of State in connection with the work of probation officers.

(3) Section 85(2) of the London Government Act 1963 shall have effect subject to the following modifications:—

(a) the reference to local authorities who are or include a council to whom section 3(1)(b) of the said Act of 1963 applies and the second reference to local authorities shall include a reference to the following authorities, that is to say—

(i) the Secretary of State ;

(ii) the standing joint committees for the counties of London and Middlesex ;

(iii) the magistrates' courts committees for the counties of London and Middlesex and the county boroughs of Croydon, East Ham and West Ham;

(iv) the probation committees for the county of Middlesex, the said county boroughs and the petty sessional division of Beacontree in the county of Essex;

(b) the authorities to whom any person may be transferred under the subsection shall, in the case of a person affected by Part I of this Act, include such of the following authorities for a London commission area or a county adjoining any such area as may be specified in or determined under the order, that is to say, the court of quarter sessions, the magistrates' courts committee (or in the case of the inner London area the committee of magistrates) and the probation committee;

(c) the power of making orders under the subsection in the case of persons not employed by a local authority shall be exercisable by the Secretary of State and not by the Minister of Housing and Local Government.

(4) For the purposes of section 85(1) to (4) of the London Government Act 1963 and of this section the clerk of the peace, deputy clerk of the peace and justices' clerk for any area shall each be treated as employed by an authority, if that authority appointed him, and as having been transferred to, and thereafter as being in, the employment of an authority, if that authority has power to appoint such a clerk.

(5) Nothing in section 86 of the said Act of 1963 shall be construed as requiring a joint committee established under that section to consider any matters falling to be dealt with under section 84 or 87 of that Act by virtue only of this section.