Justices of the Peace Act 1968

Savings and amendments for particular matters

4 (1) Paragraph 3 above shall not affect—

(a) the appointment of the clerk of the peace (which shall in the City continue to belong to the Corporation); or

(b) the fund required to bear payments made under or in accordance with the [1952 c. 48.] Costs in Criminal Cases Act 1952 or payments to which sections 8(1) and 11(1) of that Act are applied by any enactment (which fund, except as provided by any such enactment, shall in relation to the City continue to be the general fund of the Greater London Council).

(2) As regards the clerk of the peace in the City, the following provisions of the [1931 c. 45.] Local Government (Clerks) Act 1931, namely, sections 3, 4(5) and (7) and 5(2) and (3) shall apply in accordance with paragraph 3 above, as they apply in relation to a clerk of the peace who is not clerk of the county council, but the remaining provisions of that Act shall not be taken as applying; and section 83(4) of the [1888 c. 41.] Local Government Act 1888 shall apply in relation to a deputy clerk of the peace as it applies in the case of an administrative county (any appointment thereunder being made by the Corporation) and in relation to a deputy clerk of the peace appointed thereunder section 7(2) of the [1931 c. 45.] Local Government (Clerks) Act 1931 shall apply in accordance with paragraph 3 above:

Provided that the salary of the clerk of the peace, and that of any deputy clerk of the peace so appointed, may be paid out of the poor rates as provided by section 18(2) of the [1907 c. cxl.] City of London (Union of Parishes) Act 1907 for the expenses of the office of the clerk of the peace, and accordingly any such fees and costs payable to the clerk of the peace as in accordance with paragraph 3 above would be required by section 3(3) of the Local Government (Clerks) Act 1931 to be paid to the general rate fund shall be applicable instead in aid of the poor rates.

(3) As regards costs in criminal proceedings, section 18 of the [1962 c. 15.] Criminal Justice Administration Act 1962 shall be amended by the insertion after subsection (5) of a new subsection (5A)—

“(5A) In subsections (2) and (5) of this section references to a county, and to justices for a county or the council of a county, shall have effect as if Greater London were a county, the Greater London Council a county council and justices for any part of Greater London justices for the whole of it”;

and in section 81(1)(b) of the [1967 c. 80.] Criminal Justice Act 1967 for the words " a London commission area " there shall be substituted the words " any part of Greater London ".

(4) In section 16 of the [1949 c. 101.] Justices of the Peace Act 1949, as it has effect in relation to the City by virtue of paragraph 3 above, the proviso to subsection (2) (which provides for the establishment of a single magistrates' courts committee for a joint committee area extending beyond a single county or county borough) shall not apply in relation to the City ; nor shall paragraph 3 above authorise the making of an order under section 18 of that Act for the division of the City into petty sessional divisions.

5 In the [1839 c. xciv.] City of London Police Act 1839 for the definition of " justice" in section 2 (by which the word is defined to mean the Lord Mayor or any alderman or the recorder of the City) there shall be substituted—

• “' justice ' means a justice of the peace for the City of London”.

6 In the City of London (Union of Parishes) Act 1907, in section 26 (under which the jury list prepared by the Secondary is to be examined and certified by justices of the City in special sessions) for the words " justices of the said City in special sessions " there shall be substituted the words " the court of the mayor and aldermen in the inner chamber or a committee of that court ".

7 In the [1948 c. 58.] Criminal Justice Act 1948, in section 37(5) (which provides for the exercise by the persons mentioned in paragraphs (a) to (c) of the power of quarter sessions under subsection (1)(b) to release an appellant from custody), there shall be substituted for paragraphs (a) to (c):—

“(a) in the case of quarter sessions for a borough, by the recorder or any deputy recorder ;

(b) in the case of quarter sessions for a London commission area, by any person who is a legally qualified chairman of the court for the purposes of section 7 of the [1964 c. 42.] Administration of Justice Act 1964 ;

(c) in the case of any other quarter sessions by the chairman or a deputy chairman of the quarter sessions”.

8 In the [1952 c. 55.] Magistrates' Courts Act 1952 for section 118(4) there shall be substituted—

“(4) Subsections (1) and (2) of this section shall apply to the justices' clerks for the inner London area as if the reference in subsection (2) to the magistrates' courts committee were a reference to the committee of magistrates, but subsection (3) shall not apply in relation to that area.”.