Part 2Justices of the peace
Miscellaneous
41Disqualification of lay justices who are members of local authorities
1
A lay justice who is a member of a local authority may not act as a member of the Crown Court or a magistrates' court in proceedings brought by or against, or by way of an appeal from a decision of—
a
that local authority,
b
a committee or officer of that local authority, or
c
if that local authority is operating executive arrangements (within the meaning of Part 2 of the Local Government Act 2000 (c. 22))—
i
the executive of that local authority (within the meaning of that Part), or
ii
any person acting on behalf of that executive.
2
A lay justice who is a member of the Common Council of the City of London may not act as a member of the Crown Court or a magistrates' court in proceedings brought by or against, or by way of an appeal from a decision of—
a
the Corporation of the City,
b
the Common Council, or
c
a committee or officer of the Corporation or the Common Council.
3
A joint committee, joint board, joint authority or other combined body—
a
of which a local authority, the Corporation or the Common Council is a member, or
b
on which the local authority, the Corporation or the Council is represented,
is to be regarded for the purposes of this section as a committee of the local authority, Corporation or Common Council.
4
Any reference in this section to an officer of—
a
a local authority,
b
the Corporation, or
c
the Common Council,
is to a person employed or appointed by, or by a committee of, the local authority, Corporation or Common Council in the capacity in which he is employed or appointed to act.
5
No act is invalidated merely because of the disqualification under this section of the person by whom it is done.
6
“Local authority” means—
a
a local authority within the meaning of the Local Government Act 1972 (c. 70),
b
a local authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),
F2c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3d
the London Fire Commissioner,
e
a joint authority established under Part 4 of the Local Government Act 1985 (c. 51),
F1ea
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009,
eb
a combined authority established under section 103 of that Act,
F5ec
f
a National Park Authority,
g
the Broads Authority, or
h
a housing action trust established under Part 3 of the Housing Act 1988 (c. 50).
F47
In the application of this section to the London Fire Commissioner, the reference in subsection (1) to a member of the local authority is to the person who is for the time being the Commissioner.