SCHEDULES

F2F2F1C1C2C3SCHEDULE 2

Annotations:
Modifications etc. (not altering text)
C2

References to the metropolitan stipendiary court area amended by virtue of Administration of Justice Act 1964 (c. 42, SIF 82), s. 12(1)

C3

Functions of the Secretary of State in Sch. 2 transferred (1.4.1992) to the Lord Chancellor by virtue of S.I. 1992/709, art. 2(1)(c), Sch. 1.

Sch. 2 modified (temp. from 19.7.2000) by S.I. 2000/1920, art. 4

Part IF26 Outside Metropolitan Area

Annotations:
Amendments (Textual)
F26

Heading in Sch. 2 Pt. I repealed (prosp.) by 1999 c. 22, ss. 77(1)(2), 106, 108(1), Sch. 15 Pt. V(2) (with Sch. 14 para. 7(2), 36(9))

F4Youth court panels

Annotations:

1

The following provisions of this Part of this Schedule shall have effect as respects F3petty sessions areas falling wholly outside the area consisting of the inner London boroughs and the City of London.

F27 Constitution by single District Judge (Magistrates’ Courts)

Annotations:
Amendments (Textual)
F27

Crossheading in Sch. 2 inserted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 12(4) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

F282A

A youth court may consist of a District Judge (Magistrates’ Courts) sitting alone.

F5Youth court panels.

Annotations:
Amendments (Textual)
F5

Crossheading in Sch. 2 inserted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 12(4) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

C43

Subject to the following provisions of this Part of this Schedule, a F6youth court panel shall be formed for every petty sessions area.

Combined F16youth court panels

Annotations:
Amendments (Textual)

4

A magistrates’ courts committee may make recommendations to the F7Lord Chancellor

a

for the formation of a combined F8youth court panel for two or more petty sessions areas, or

b

for the dissolution of any such combined F8youth court panel,

if the committee’s area comprises at least one of the petty sessions areas concerned.

5

It shall be the duty of the magistrates’ courts committee for any area, if directed to do so by the F9Lord Chancellor, to review the functioning of F10youth courts in their area and on completion of the review to submit to the F9Lord Chancellor either a report making such recommendations as are mentioned in paragraph 4 of this Schedule or a report giving reasons for making no such recommendations.

6

Subject to the provisions of this Schedule—

a

where a magistrates’ courts committee make such recommendations to the F11Lord Chancellor, he may F12after consulting the Lord Chief Justice make an order giving effect to them subject to any modifications he thinks fit F13after consulting the Lord Chief Justice; and

b

where a magistrates’ courts committee fail to comply within six months with a direction of the F11Lord Chancellor under the preceding paragraph, or F11Lord Chancellor is dissatisfied with the report submitted in pursuance of such a direction, he may F14, after consulting the Lord Chief Justice, make such order as he thinks fit F15, after consulting the Lord Chief Justice, for the purposes mentioned in paragraph 4 of this Schedule.

Effect of order establishing combined panel

7

Where a combined F17youth court panelis formed for any petty sessions areas any justice who is a member of the panel may exercise in relation to each of the areas any jurisdiction exercisable by him as a member of a F18youth court.

Restrictions on formation of combined panels

C58

No order under this Schedule shall provide for the formation of a combined F19youth court panel for an area F20unless the area consists of, or is wholly included in, a single commission area

F218A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C69

An order under this Schedule providing for the formation of a combined F22 youth court panel for an area which comprises a borough having a separate magistrates’ courts committee shall not be made except with the consent of every magistrates’ courts committee the whole or part of whose area is included in the area for which the combined panel is formed.

Consultations and notices

10

A magistrates’ courts committee, before submitting recommendations for an order under this Schedule, shall consult and, when submitting any such recommendations, shall give notice to—

a

the justices acting for any petty sessions area concerned which is within the committee’s area (except where the committee’s area is a borough); and

b

any other magistrates’ courts committee the whole or part of whose area is concerned;

and shall also consult the said justices before commenting on any recommendations on which they are consulted under this paragraph by another magistrates’ courts committee.

11

Where the F23Lord Chancellor proposes to make an order under this Schedule in a case where either no recommendations have been made to him or the proposed order departs from the recommendations made to him, he shall send a copy of the proposed order to the magistrates’ courts committee for any area the whole or part of which is concerned and to the justices acting for any petty sessions area concerned.

12

Where notice of recommendations or a copy of a proposed order is required to be sent under the preceding paragraphs to any justices or committee, the F24Lord Chancellor shall, before making an order, consider any representations made to him by the justices or committee, or by any F25 youth court panel concerned, within one month from the time the notice was given or the copy of the proposed order was sent.