Justices of the Peace Act 1997 (repealed)

F1 Magistrates’ courts committees outside Greater London E+W

Textual Amendments

F1 Ss. 27-27B and crossheading substituted for s. 27 (27.9.1999 with effect as mentioned in Sch. 14 para. 30 of the amending Act) by 1999 c. 22, ss. 81, 108(3)(c) (with Sch. 14 para. 7(2))

Valid from 27/09/1999

F2 27A Committees. E+W

(1) England and Wales outside Greater London shall be divided into areas for each of which there shall be a magistrates’ courts committee.

(2) The areas of the committees shall be as specified by the Lord Chancellor by order made by statutory instrument.

(3) Each area outside Greater London for which there is a magistrates’ courts committee shall—

(a) consist of the whole of one or more commission areas or be included wholly within a single commission area; and

(b) comprise the whole of one or more petty sessions areas.

Textual Amendments

F2 Ss. 27-27B substituted for s. 27 (27.9.1999 with effect as mentioned in Sch. 14 para. 30 of the amending Act) by 1999 c. 22, ss. 81, 108(3)(c) (with Sch. 14 para. 7(2))

Modifications etc. (not altering text)

C1 S. 27A amended (temp. from 27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 Pt. V para. 29 (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(i)

Valid from 27/09/1999

F3 27B Alteration of committee areas. E+W

(1) A magistrates’ courts committee for an area outside Greater London may at any time submit to the Lord Chancellor written proposals for the alteration of their area.

(2) Before submitting such proposals, the magistrates’ courts committee shall consult—

(a) the magistrates for their area or any other magistrates’ courts committee area to which the proposals relate;

(b) any other magistrates’ courts committee to which the proposals relate; and

(c) every relevant authority whose area includes all or any part of any of the magistrates’ courts committee areas to which the proposals relate.

(3) The Lord Chancellor shall not make an order under section 27A(2) above which makes an alteration of any area unless he is satisfied that the making of the order is likely to contribute to an overall increase in the efficiency of the administration of magistrates’ courts.

(4) Before making an order under section 27A(2) above which makes an alteration of any area, other than an order which implements proposals submitted to him under subsection (1) above, the Lord Chancellor shall consult—

(a) the magistrates for the area;

(b) the magistrates’ courts committees for the area; and

(c) every relevant authority whose area includes all or any part of the magistrates’ courts committee area.

(5) For the purposes of subsection (4) above, an order shall be taken to implement proposals if it implements them without changes or any departures from the proposals do not, in the opinion of the Lord Chancellor, effect important changes in the proposals.

(6) An order under section 27A(2) above which makes an alteration of any area may contain such consequential and transitional provisions as appear to the Lord Chancellor to be necessary or expedient, including—

(a) provision for the transfer of property, rights and liabilities;

(b) provision for the management or custody of transferred property (whether real or personal); and

(c) provision for any magistrates’ courts committee coming into existence by virtue of the order to be constituted under section 30 below as a body corporate, and to incur liabilities, before the date on which the functions of any magistrates’ courts committee are transferred to it.

(7) The Lord Chancellor may give directions with respect to convening the first meeting of a magistrates’ courts committee coming into existence by virtue of an order under section 27A(2) above.

(8) A statutory instrument containing an order under section 27A(2) above which makes an alteration of any area shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9) In this section references to the alteration of a magistrates’ courts committee area include (as well as a change in the boundaries of the area)—

(a) the combination of the area with another magistrates’ courts committee area; and

(b) the division of the area between two or more magistrates’ courts committee areas.

(10) In this section “relevant authority” means—

(a) a county council;

(b) a county borough council; or

(c) the council of a unitary district.

Textual Amendments

F3 Ss. 27-27B substituted for s. 27 (27.9.1999 with effect as mentioned in Sch. 14 para. 30 of the amending Act) by 1999 c. 22, ss. 81, 108(3)(c) (with Sch. 14 para. 7(2))

28 Constitution of magistrates’ courts committees. E+W

(1) A magistrates’ courts committee shall, subject to subsections (2) to (4) below, be composed of magistrates for the area to which the committee relates, chosen in accordance with regulations under section 29 below.

(2) Not more than two other members, who need not be justices of the peace, may be either—

(a) co-opted by a magistrates’ courts committee to the committee with the approval of the Lord Chancellor; or

(b) appointed by the Lord Chancellor to the committee.

(3) The chief metropolitan stipendiary magistrate shall by virtue of his office be a member of the inner London magistrates’ courts committee.

(4) Until such day as the Lord Chancellor may by order made by statutory instrument appoint, two members of the inner London magistrates’ courts committee shall be other metropolitan stipendiary magistrates appointed by the chief metropolitan stipendiary magistrate.

(5) In subsections (3) and (4) above “the inner London magistrates’ courts committee” means the magistrates’ courts committee for an area consisting of or including the whole of the inner London area or, if there is no such committee, every magistrates’ courts committee for any area which consists of or includes any part of the inner London area.

29 Powers of Lord Chancellor in relation to magistrates’ courts committees. E+W

(1) The Lord Chancellor may by statutory instrument make general regulations about the constitution, procedure and quorum of magistrates’ courts committees; but any such regulations shall have effect subject to the provisions of section 28 above.

(2) The regulations shall provide for the members referred to in section 28(1) above to be chosen by a selection panel constituted in accordance with the regulations.

(3) The regulations may—

(a) lay down an upper limit for the number of members of a magistrates’ courts committee (inclusive of the members referred to in subsections (2), (3) and (4) of section 28 above); and

(b) enable the Lord Chancellor to direct that, in relation to any magistrates’ courts committee to which the direction is given, any members co-opted or appointed under subsection (2) of that section are to be left out of account in applying the upper limit.

(4) The regulations may also make different provision in relation to the magistrates’ courts committees for areas which consist of or include the whole or any part of the inner London area from that made in relation to other committees.

(5) The regulations may also make provision with respect to the persons (other than the members, clerks and officers of the committee) who may be entitled to attend the meetings of a magistrates’ courts committee and the rights of such persons to make representations to the committee.

(6) A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) The Lord Chancellor may give general or special directions with respect to convening the first meeting of magistrates’ courts committees.

30 Supplementary provisions as to magistrates’ courts committees. E+W

(1) Subject to subsection (2) below, a magistrates’ courts committee shall appoint one of their members to be chairman of the committee.

(2) Until such day as the Lord Chancellor may by order made by statutory instrument appoint, the chief metropolitan stipendiary magistrate shall by virtue of his office be the chairman of any magistrates’ courts committee for an area which consists of or includes the whole of the inner London area.

(3) Where the magistrates for a petty sessions area are required to meet for the purpose of carrying out any functions under section 29 above, a meeting shall be convened by the magistrates’ courts committee or, if there is no such committee or the Lord Chancellor considers it appropriate, by the Lord Chancellor.

(4) A magistrates’ courts committee may act through sub-committees appointed by them which, if they include at least one member of the committee, may also include persons who are not members.

(5) A magistrates’ courts committee may also arrange for the discharge of any of their functions—

(a) by the chairman of the committee; or

(b) by the justices’ chief executive.

(6) Subject to the provisions of this Act, a magistrates’ courts committee shall have power to regulate their own procedure, including quorum.

(7) The proceedings of a magistrates’ courts committee shall not be invalidated by reason of any vacancy among the members or of any defect in the appointment of a member.

(8) A magistrates’ courts committee shall be a body corporate.

(9) A magistrates’ courts committee shall, on at least one occasion in every calendar year, admit members of the public to a meeting of the committee.

(10) The minutes of proceedings of every meeting of a magistrates’ courts committee shall be open to inspection by members of the public at the offices of the committee, except to the extent that the committee determine that the minutes disclose information of a confidential nature.

(11) Copies of any minutes which are open to inspection under subsection (10) above shall be made available to the public on payment of such reasonable fee as the magistrates’ courts committee may in any case determine.

(12) A magistrates’ courts committee making a determination under subsection (10) above shall state their reasons for regarding the information in question as being of a confidential nature.