Access to Justice Act 1999

78 Unification and renaming of stipendiary bench

(1) For sections 11 to 20 of the [1997 c. 25.] Justices of the Peace Act 1997 and the heading preceding section 11 (stipendiary magistrates and metropolitan stipendiary magistrates) substitute—

“District Judges (Magistrates' Courts)

10A Appointment and tenure

(1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person who has a 7 year general qualification (within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990) to be a District Judge (Magistrates' Courts).

(2) The Lord Chancellor—

(a) shall designate one of the District Judges (Magistrates' Courts) to be the Senior District Judge (Chief Magistrate); and

(b) may designate another of them to be his deputy.

(3) A District Judge (Magistrates' Courts) may not be removed from office except by the Lord Chancellor on the ground of incapacity or misbehaviour.

(4) The Lord Chancellor may pay to a District Judge (Magistrates' Courts) (in addition to the salary charged on and paid out of the Consolidated Fund under section 9 of the [1973 c. 15.] Administration of Justice Act 1973) such allowances as he may, with the approval of the Treasury, determine.

10B Deputies

(1) The Lord Chancellor may appoint any person who has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) to be a Deputy District Judge (Magistrates' Courts) for such period as the Lord Chancellor considers appropriate (but subject to subsection (2) below).

(2) The Lord Chancellor may remove a Deputy District Judge (Magistrates' Courts) from office on the ground of incapacity or misbehaviour.

(3) The Lord Chancellor may pay to a Deputy District Judge (Magistrates' Courts) such remuneration and allowances as he may, with the approval of the Treasury, determine.

(4) During the period of his appointment a Deputy District Judge (Magistrates' Courts) shall act as a District Judge (Magistrates' Courts) and shall be treated for all purposes (apart from appointment, tenure, remuneration and allowances and pensions) as if he were a District Judge (Magistrates' Courts).

10C Status

(1) A District Judge (Magistrates' Courts) shall by virtue of his office be a justice of the peace for every commission area.

(2) Where any enactment makes provision defining the powers of any person or court by reference to the area for which a person is a justice of the peace, the provision shall have effect where that person is a District Judge (Magistrates' Courts) as if it defined the powers by reference to the area for which he is for the time being acting as a justice of the peace.

(3) A District Judge (Magistrates' Courts) shall sit at such court-houses, on such days and at such times, as may be determined by, or in accordance with, directions given by the Lord Chancellor from time to time.

(4) References in any enactment, instrument or other document to a district judge or deputy district judge do not include a District Judge (Magistrates' Courts).

10D Power to discharge functions exercisable by two justices

(1) A District Judge (Magistrates' Courts), sitting in a place appointed for the purpose, shall have power—

(a) to do any act; and

(b) to exercise alone any jurisdiction,

which can be done or exercised by two justices, including any act or jurisdiction expressly required to be done or exercised by justices sitting or acting in petty sessions.

(2) Subsection (1) above does not apply where the law under which the act or jurisdiction can be done or exercised was made after 2nd August 1858 and contains express provision contrary to that subsection.

(3) Any statutory provision auxiliary to the jurisdiction exercisable by two justices of the peace shall apply also to the jurisdiction of a District Judge (Magistrates' Courts).

(4) Subsections (1) and (3) above do not apply where the act or jurisdiction relates to the grant or transfer of any licence.

(5) Any authority or requirement in any enactment for persons to be summoned or to appear at petty sessions in any case shall include authority or a requirement in such a case for persons to be summoned or to appear before a District Judge (Magistrates' Courts) at the place appointed for his sitting.

(6) Nothing in this section applies to the hearing or determination of family proceedings within the meaning of section 65 of the Magistrates' Courts Act 1980.

10E Disapplication of restrictions

(1) Nothing in the Magistrates' Courts Act 1980—

(a) requiring a magistrates' court to be composed of two or more justices or to sit in a petty sessional court-house or an occasional court-house; or

(b) limiting the powers of a magistrates' court when composed of a single justice or when sitting elsewhere than in a petty sessional court-house,

shall apply to any District Judge (Magistrates' Courts) sitting in a place appointed for the purpose.

(2) Subsection (1) above does not apply to the hearing or determination of family proceedings within the meaning of section 65 of the Magistrates' Courts Act 1980.”

(2) Schedule 11 (which makes amendments consequential on this section) has effect.