Administration of Justice Act 1973

Sections 5 and 20.

SCHEDULE 1 E+W+N.I. Justices of the Peace (Consequential Re-Enactments and Amendments)

Part I E+W Retirement and Superannuation of Stipendiary Magistrates

1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 Sch. 1 para. 1 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3

2 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Sch. 1 para. 2 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 4

F3 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 1 para. 3 repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)

Part II E+W Supplemental List for England and Wales

4—6. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4 Sch. 1 paras. 4—6 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3

7 Any such act as is mentioned in [F5 section 9(2)(a) to (c) of the Justices of the Peace Act 1997], where it may be done by a justice of the peace, may, subject to any express provision made to the contrary by any enactment or instrument relating to that act, be done also by any person who is . . . F6 , mayor of a London borough or chairman of a county or district council in England or Wales.

Textual Amendments

F5 Words in Sch. 1 para. 7 substituted (19.6.1997) by virtue of 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 13(4) (with Sch. 4 para. 27)

F6 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

[F7 7A Where the council of a London borough are operating executive arrangements, which involve a mayor and cabinet executive or a mayor and council manager executive, paragraph 7 shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough”.]

Textual Amendments

F7 Sch. 1 para. 7A inserted (6.5.2002) by S.I. 2002/1057, art. 7

[F8 7B In this Part, “ executive arrangements” , “mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000.]

Textual Amendments

F8 Sch. 1 para. 7B inserted (6.5.2002) by S.I. 2002/1057, art. 7

Part III E+W+N.I.

8 E+W+N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Sch. 1 para. 8 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3

Part IV E+W Amendments

9 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F10 Sch. 1 para. 9(1) repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 1 para. 6, Sch. 3

F11 Sch. 1 para. 9(2) repealed by Solicitors Act 1974 (c. 47, SIF 76:1), Sch. 4

10 (1) In section 1 of the M1 Metropolitan Police Act 1829 for the words from “and by warrant” to “those several counties” there shall be substituted the words “and from time to time by warrant under his sign manual to appoint during His Majesty’s pleasure a Commissioner of Police of the Metropolis to execute the duties the duties of chief officer of the police force hereby established” ; and any person holding office as Commissioner of Police of the Metropolis at the coming into force of this paragraph shall be deemed to have been appointed under that section as so amended.

(2) Subject to any express amendment or repeal made by this Act, any reference in the M2 Metropolitan Police Act 1829 or in any other enactment passed before the M3 Metropolitan Police Act 1856 to the justices appointed under the Metropolitan Police Act 1829 or to the Commissioners of Police of the Metropolis shall continue to have effect as a reference to the Commissioner of Police of the Metropolis.

Modifications etc. (not altering text)

C1 “that section” means Metropolitan Police Act 1829 (c. 44, SIF 95), s. 1

Marginal Citations

M1 1829 c. 44.

M2 1829 c. 44(95).

M3 1856 c. 2(95).

11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 Sch. 1 para. 11 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 4

12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13 Sch. 1 para. 12 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3

F14 F14 [F15 SCHEDULE 2] E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 12 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

F15 Sch. 2 so far as it relates to County Courts Act 1959 (c. 22) repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

Section 10.

SCHEDULE 3 E+W Increase of Certain Widow’s and Children’s Pensions in Northern Ireland

1 E+W The enactments in relation to which section 10 of this Act has effect by virtue of section 10(8) are—

(a) Part XIII of the M5 County Courts Act (Northern Ireland) 1959 (relating to county court judges and clerks of the Crown and peace), in relation to which the references in section 10 of this Act to section 7(4), section 8 and section 11 (or sections 10 and 11) of the Act of 1950 shall be replaced, respectively, by references to section 126(4) of the County Courts Act (Northern Ireland) 1959, section 127 of that Act and section 13 of the M6 Judicial Pensions Act (Northern Ireland) 1951;

(b) the M7 Resident Magistrates’ Pensions Act (Northern Ireland) 1960, in relation to which—

(i) subsection (4)(c) of section 10 of this Act and the reference in subsection (6) to sections 10 and 11 of the Act of 1950 shall not apply; and

(ii) the references in section 10 to section 7(4) and section 8 of the Act of 1950 shall be replaced, respectively, by references to section 8(4) and section 9 of the M8 Resident Magistrates’ Pensions Act (Northern Ireland) 1960;

(c) Part II of the M9 Judicial Pensions Act (Northern Ireland) 1951 (relating, by virtue of later enactments, to the National Insurance Commissioners, the President of the Industrial Court and the President of the Industrial Tribunals), in relation to which—

(i) subsection (4)(c) of section 10 of this Act and the reference in subsection (6) to sections 10 and 11 of the Act of 1950 shall not apply; and

(ii) the references in section 10 to section 7(4) and section 8 of the Act of 1950 shall be replaced, respectively, by references to section 10(4) and section 11 of the M10 Judicial Pensions Act (Northern Ireland) 1951.

Marginal Citations

M5 1959 c. 25 (N.I.)

M6 1951 c. 20 (N.I.)

M7 1960 c. 2 (N.I.)

M8 1960 c. 2 (N.I.)

M9 1951 c. 20 (N.I.)

M10 1951 c. 20 (N.I.)

2 E+W In relation to the provisions to which section 10 of this Act applies by virtue of paragraph 1(a) or of paragraphs 1(b) above references in section 10 to relevant service shall have effect as references to service within the meaning of those provisions.

3 E+W In relation to any of the provisions to which section 10 of this Act applies by virtue of paragraph 1 above, the expression “enactment” in section 10(6) shall mean enactment of the Parliament of Northern Ireland or amendable by Act of that Parliament; and section 10(7) shall not apply, but regulations for purposes of section 10 may be made with the consent of the Ministry of Finance for Northern Ireland by the Ministry of Home Affairs for Northern Ireland or, in relation to the M11 Judicial Pensions Act (Northern Irleand) 1951, [F17 the Department of Economic Development], and shall be subject to negative resolution within the meaning of section 41(6) of the M12 Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

Textual Amendments

F17 Words in Sch. 3 para. 3 substituted (31.3.1995) by virtue of 1993 c. 8, s. 51(3), Sch. 8 para. 10(2); S.I. 1995/631, art. 2.

Modifications etc. (not altering text)

C3 Reference to the Ministry of Finance for Northern Ireland to be construed as reference to the Treasury by virtue of Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 40, Sch. 5 para. 8; S.I. 1973/2163, art. 5(1)(c), Sch. 2 and S.I. 1981/1670, arts. 2(1)(c), 3(5)

C4 Reference to the Ministry of Home Affairs for Northern Ireland to be construed as reference to the Lord Chancellor by virtue of Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 40, Sch. 5 para. 8 and S.I. 1973/2163, art. 3, Sch. 2

Marginal Citations

M11 1951 c. 20 (N.I.)

M12 1954 c. 33 (N.I.)

F18 F18 SCHEDULE 4 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 4 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4

F19 F19 SCHEDULE 5 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Sch. 5 repealed by Statute Law Repeals Act 1989 (c. 43), s. 1, Sch. 1 Pt. I