SCHEDULES
SCHEDULE 4 Transitional provisions and savings
Part I General provisions
Continuity of the law
1
1
The repeal (or revocation) and re-enactment of provisions by this Act does not affect the continuity of the law.
2
Any subordinate legislation made or other thing done, or having effect as if made or done, under or for the purposes of any provision repealed (or revoked) and re-enacted by this Act shall, if in force or effective immediately before the commencement of the corresponding provision of this Act, have effect thereafter as if made or done under or for the purposes of that corresponding provision.
3
Any reference (express or implied) in this Act or any other enactment or in any instrument or document—
a
to any provision of this Act; or
b
to things done or falling to be done under or for the purposes of any provision of this Act,
shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision repealed (or revoked) by this Act had effect, a reference—
i
to that corresponding provision; or
ii
to things done or falling to be done under or for the purposes of that corresponding provision,
as the case may be.
4
Any reference (express or implied) in any enactment or in any instrument or document—
a
to any provision repealed (or revoked) and re-enacted by this Act; or
b
to things done or falling to be done under or for the purposes of any such provision,
shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference—
i
to that corresponding provision; or
ii
to things done or falling to be done under or for the purposes of that corresponding provision,
as the case may be.
5
Without prejudice to the generality of sub-paragraph (4) above, where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.
6
Sub-paragraphs (1) to (5) above have effect instead of section 17(2) of the M1Interpretation Act 1978 (but are without prejudice to any other provision of that Act).
General saving for old transitional provisions and savings
2
The repeal (or revocation) by this Act of any transitional provision or saving relating to the coming into force of a provision reproduced in this Act does not affect the operation of the transitional provision or saving in so far as it is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act or otherwise.
3
The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.
Use of existing forms, etc.
4
Any reference to an enactment repealed (or revoked) by this Act which is contained in a document made, served or issued on or after the commencement of that repeal (or revocation) shall be construed, except so far as a contrary intention appears, as a reference or, as the context may require, as including a reference to the corresponding provision of this Act.
Part II Provisions relating to particular enactments
Interpretation
5
In this Part of this Schedule—
a
the “1979 Act” means the Justices of the M2Peace Act 1979;
b
the “1994 Act” means the M3Police and Magistrates’ Courts Act 1994; and
c
any reference to the commencement of this Act shall be construed in accordance with section 74(1) of this Act.
Petty sessions areas
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inner London area
F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F610. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F711. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Stipendiary magistrates
F812. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Magistrates’ courts committees
13
Any magistrates’ courts committee which was set up in accordance with the provisions of Part II of the 1979 Act for any area and is in existence immediately before the commencement of this Act shall after that commencement be treated as having been set up in accordance with the provisions of Part III of this Act as the magistrates’ courts committee for that area.
14
Without prejudice to the generality of paragraph 1(2) above, the repeal by this Act of section 69 of the 1994 Act does not affect the continued operation of any order made under that section before the commencement of this Act.
Justices’ chief executives
F915. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
A person who, immediately before the commencement of this Act, continues to hold office as clerk to a magistrates’ courts committee by virtue of Article 6(1) of the M4Police and Magistrates’ Courts Act 1994 (Commencement No. 8 and Transitional Provisions) Order 1995 may continue in that appointment until the magistrates’ courts committee have appointed a justices’ chief executive in accordance with section 40(1) of this Act.
F1016A
Any order made before 1st April 1953 under section 30 of the M5Criminal Justice Administration Act 1914 or section 1 of the M6Affiliation Orders Act 1914—
a
if it directs payments to be made to any officer of a court of summary jurisdiction, shall have effect as if it directed them to be made to the justices’ chief executive who is the collecting officer of that court; and
b
if it directs payments to be made to any person who is not an officer of a court of summary jurisdiction, shall have effect as if it directed them to be made to the justices’ chief executive who is the collecting officer of the court making the order.
Justices’ clerks etc.
17
1
Section 44(1) of this Act shall not have effect in relation to any person appointed by a magistrates’ courts committee before 1st April 1995 as justices’ clerk for a petty sessions area so long as he—
a
continues to hold office as a justices’ clerk for that area or for any one or more petty sessions areas including any part of that area; and
b
has not entered into a contract of service on or after that date.
2
Any justices’ clerk in relation to whom, by virtue of sub-paragraph (1) above, section 44(1) of this Act does not have effect shall hold office during the pleasure of the magistrates’ courts committee concerned.
3
Any such justices’ clerk shall be paid a salary for his personal remuneration, and the salary shall be taken to be remuneration for all business which he may by reason of his office as justices’ clerk be called upon to perform, other than any duties as secretary to a licensing planning committee under Part VII of the M7Licensing Act 1964.
4
Any such justices’ clerk may be paid a single salary in respect of two or more clerkships.
5
Any such justices’ clerk shall, in addition to his salary, be paid the amount of any expenses of a description specified when his salary is determined, being expenses incurred by him with the general or special authority of the magistrates’ courts committee.
F1118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19
So far as, immediately before the commencement of this Act—
a
section 23(7) of the Justices of the M8Peace Act 1949 (terms and conditions of employment of persons transferred to magistrates’ courts committee on 1st April 1953); or
b
paragraph 15 of Schedule 3 to the Justices of the M9Peace Act 1968 (terms and conditions of employment of persons transferred to certain magistrates’ courts committees on 10th November 1969),
has effect in relation to any person by virtue of paragraph 11 or 12 of Schedule 1 to the 1979 Act, it shall continue to have effect in relation to him.
20
1
Any regulations made under—
a
section 42 of the Justices of the Peace Act 1949 (compensation in connection with Parts II and III of that Act); or
b
paragraph 16 of Schedule 3 to the Justices of the Peace Act 1968 (compensation in connection with section 1 of that Act),
which are in force immediately before the commencement of this Act by virtue of paragraph 13 of Schedule 1 to the 1979 Act shall continue to have effect and may be revoked or varied notwithstanding the repeal by the 1979 Act of the provisions under which they were made.
2
The reference in sub-paragraph (1)(a) above to section 42 of the Justices of the Peace Act 1949 includes a reference to that section as extended by section 32 of the M10Administration of Justice Act 1964 (extension for persons not qualified at date of enactment of the Justices of the Peace Act 1949).
3
The functions of a responsible authority mentioned in paragraphs (b) and (c) of section 57(1) of this Act do not include their functions in respect of decisions made by a determining authority before 3rd February 1995 under the Justices of the M11Peace Act 1949 (Compensation) Regulations 1978.
Immunity and indemnification of justices and justices’ clerks
21
Subject to paragraphs 22 and 23 below, the provisions of Part V of this Act shall have effect in relation to anything done, or omitted, before the commencement of this Act as they would have effect in relation to any corresponding thing done, or omitted, after the commencement of this Act.
22
The repeal by this Act of the 1979 Act is subject to paragraph 16(1) of Schedule 19 to the M12Courts and Legal Services Act 1990 (1979 Act to continue to apply in relation to matters arising before 1st January 1991 as if section 108 of that Act of 1990 (liability of magistrates for damages and costs) had not been enacted).
23
In section 54(2) of this Act—
a
paragraph (a) shall have effect only in relation to things done or omitted on or after 1st October 1996; and
b
in relation to things done or omitted before that date, paragraph (b) shall have effect with the omission of the word “other”.
Pensions Act 1995
24
1
If before the commencement of this Act paragraph 8 of Schedule 5 to the M13Pensions Act 1995 has not come into force then, until the relevant commencement date, section 55(6)(b)(ii) of this Act shall have effect with the substitution, for the words “contributions equivalent premiums”, of the words “
state scheme premiums
”
.
2
In sub-paragraph (1) above, “relevant commencement date” means—
a
if before the commencement of this Act the Secretary of State has made an order under section 180 of the M14Pensions Act 1995 (commencement) appointing a date on or after the date of that commencement as the date on which paragraph 8 of Schedule 5 to that Act is to come into force, the date so appointed; and
b
otherwise, such date as the Secretary of State may by order appoint.
3
Sections 174 (orders and regulations) and 180(4) of the Pensions Act 1995 shall apply to an order under sub-paragraph (2)(b) above as they would apply to an order under section 180(1) of that Act.
Enactments passed before 18th April 1973
25
1
This paragraph applies where, immediately before the commencement of this Act, any enactment passed or instrument made before the 18th April 1973 has effect by virtue of section 71(3) of the 1979 Act (modifications of certain enactments and instruments) as if it referred to—
a
a person being appointed or removed from office as a justice of the peace in accordance with section 6 of the 1979 Act; or
b
the supplemental list for England and Wales kept under section 8 of the 1979 Act.
2
After the commencement of this Act the enactment or instrument shall have effect as if—
a
any reference to a person appointed justice by a commission of the peace or to a person being removed from a commission of the peace were a reference to his being appointed or removed from office as a justice of the peace in accordance with section 5 of this Act; and
b
any reference to a supplemental list kept by virtue of section 4 of the Justices of the M15Peace Act 1949 in connection with the commission of the peace for any area were a reference to the supplemental list for England and Wales kept under section 7 of this Act.
Justices of the Peace Act 1949, Schedule 2
26
1
This paragraph applies where, immediately before the commencement of this Act, any reference in Schedule 1 to the 1979 Act to any enactment under which a person held or was treated as holding any office or employment is to be construed by virtue of paragraph 15 of that Schedule as including a reference to any provision of Schedule 2 to the Justices of the Peace Act 1949.
2
Any reference in this Schedule which corresponds to that reference in Schedule 1 to the 1979 Act shall be construed as including a reference to that provision of Schedule 2 to the Justices of the Peace Act 1949.
Saving for superannuation provisions
27
1
Nothing in this Act shall affect any pension rights or other superannuation benefits or the person by whom or the manner in which any pension or other superannuation benefit is to be paid or borne.
2
Sub-paragraph (1) above is subject to sections 55 and 56 of this Act.
Saving for amendment of Local Government Act 1974
28
The repeal by this Act of the 1979 Act does not affect the amendment made by paragraph 28 of Schedule 2 to that Act to section 1(6)(a) of the M16Local Government Act 1974 (rate support grants).
Provision made by subordinate legislation
29
Any power which, immediately before the commencement of this Act, is exercisable by order to amend or revoke any provision reproduced in this Schedule of an order made under section 94 of the 1994 Act shall be so exercisable in relation to the corresponding provision of this Schedule.