xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

[F1SCHEDULE 2]E+W CONSTITUTION OF [F2YOUTH COURTS]

Textual Amendments

Modifications etc. (not altering text)

C2References to the metropolitan stipendiary court area amended by virtue of Administration of Justice Act 1964 (c. 42, SIF 82), s. 12(1)

C3Functions 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 IIE+W Metropolitan Area

13The following provisions of this Part of this Schedule shall have effect [F3as respects the area consisiting of the petty sessions areas falling wholly or partly within the area consisting of the inner Londodn boroughs and the City of London] (in this Part of this Schedule referred to as the metropolitan area).

Textual Amendments

F3Words in Sch. 2 para. 13 substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3)(c), Sch. 10 paras. 14, 16(4) (with Sch. 14 para. 7(2)) (which substitution fell (prosp.) by reason of the repeal of Sch. 10 para. 16(4) (prosp.) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(2) (with Sch. 14 paras. 7(2), 36(9)))

14[F4Youth courts] shall be constituted for the whole of the metropolitan area but shall sit for such divisions and in such places as the [F5Lord Chancellor] may [F6, after consulting the Lord Chief Justice,] by order specify, without prejudice, however, to their jurisdiction with respect to the whole area.

15Subject to the following provisions of this Schedule—

(a)each [F7youth court]shall [F8either consist of a metropolitan stipendiary magistrate sitting alone or]consist of a chairman and two other members and F9. . . have both a man and a woman among its members;

(b)the chairman [F10(where applicable)]shall be a person nominated [F11by the Lord Chief Justice, after consulting the Lord Chancellor,] to act as chairman of [F7youth courts] for the metropolitan area and shall be either a metropolitan stipendiary magistrate or [F12a lay justice for the inner London area] selected, in such manner as may be provided by an [F13order made by the Lord Chief Justice after consulting the Lord Chancellor], from a panel of such justices from time to time nominated by him; and

(c)the other members [F14(where applicable)] shall be justices so selected from that panel.

[F1515A(1)Where, in the the case of any sitting of a [F16youth court], a person nominated under paragraph 15(b)of this Schedule—

(a)is available to act as chairman; but

(b)considers that it would be appropriate for another member of the court to act as chairman,

he may nominate that member to act as chairman at that sitting.

(2)A member of a [F16youth court] nominated to act as chairman under sub-paragraph (1) shall only so act while the person making the nomination continues to sit as a member of the court.]

16If at any time, by reason of illness or other emergency, no person nominated under paragraph 15(b) of this Schedule is available to act as chairman of a [F17youth court], any metropolitan stipendiary magistrate or, with the [F18consent of the Lord Chief Justice, given after consulting the Lord Chancellor,] any justice of the peace selected as aforesaid from the said panel, may act temporarily as chairman.

Textual Amendments

Modifications etc. (not altering text)

C5Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

17Where it appears to the chairman that a [F19youth court] cannot, without adjournment, be fully constituted, and that an adjournment would not be in the interests of justice, the chairman may sit with one other member (whether a man or a woman) F20. . ..

Textual Amendments

Modifications etc. (not altering text)

C6Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

18[F21The [F22Lord Chief Justice]], in nominating any persons under this Part of this Schedule shall have regard to the previous experience of the persons available and their special qualifications for dealing with juvenile cases; and every such nomination shall be for a specified period and shall be revocable by [F23the [F24Lord Chief Justice, after consulting the Lord Chancellor]].

Textual Amendments

Modifications etc. (not altering text)

C7Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

19