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Justices of the Peace Act 1949

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I Provisions as to Individual Justices

    1. 1.Residence qualification of justices

    2. 2.The mayor as a justice

    3. 3.Disqualification in certain cases of justices who are members of local authorities

    4. 4.Supplemental list

    5. 5.Saving for acts and appointments

    6. 6.Amendment of Fisheries Acts

    7. 7.Restriction on right to practise as solicitor

    8. 8.Travelling and lodging allowances

    9. 9.Application of Part I to Scotland

  3. PART II Commission of the Peace, Constitution of Courts and Rules of Procedure

    1. 10.Area of commission

    2. 11.Justices and courts in London

    3. 12.Licensing authorities for non-county boroughs

    4. 13.Size and chairmanship of bench

    5. 14.Age of bench in juvenile courts

    6. 15.Rule committee and rules of procedure

  4. PART III Magistrates' Courts Committees and Justices' Clerks

    1. 16.Establishment of magistrates' courts committees

    2. 17.Provision of courses of instruction

    3. 18.Powers and duties of committee as to petty sessional divisions

    4. 19.Appointment and conditions of service of justices' clerks

    5. 20.Qualification of justices' clerk

    6. 21.Functions of justices' clerk as collecting officer

    7. 22.Superannuation of justices' clerks and their staff

    8. 23.Existing and former justices' clerks, etc.

    9. 24.Clerk in proceedings for rates in London

  5. PART IV Administrative and Financial Arrangements

    1. 25.Duties of county and borough councils

    2. 26.Supplementary provisions as. to powers and duties of councils

    3. 27.Application of fines and fees, and payment of expenses of courts

    4. 28.Making good defaults of justices' clerks

  6. PART V Stipendiary Magistrates

    1. 29.Appointments outside London

    2. 30.Local Act stipendiaries

    3. 31.Appointments under previous Acts

    4. 32.Salary of stipendiary magistrates

    5. 33.Compulsory retirement and superannuation

    6. 34.Sittings of stipendiary magistrates

    7. 35.Remuneration of deputies

  7. PART VI Miscellaneous and General

    1. 36.Travelling and lodging allowances of members of probation committees and case committees

    2. 37.Incorporation of probation committees

    3. 38.Place for holding county quarter sessions

    4. 39.Transfer to Lord Chancellor of certain functions of Secretary of State

    5. 40.Appointment of interim clerk of the peace in Scotland

    6. 41.Authentication of certain licences

    7. 42.Compensation for loss of office

    8. 43.Expenses and payments into Exchequer

    9. 44.Interpretation

    10. 45.Commencement

    11. 46.Citation, repeal and extent

  8. SCHEDULES

    1. FIRST SCHEDULE

      Justices Exempt from Residence Qualification

    2. SECOND SCHEDULE

      Provisions Consequential on Changes in Commission of the Peace

      1. Interpretation

        1. 1.(1) In this Schedule in relation to a time before...

      2. Continuance of existing commissions, etc.

        1. 2.(1) The existing commission of the peace for any county...

        2. 3.(1) The existing commission of the peace for any of...

        3. 4.A person who has taken the oaths required by law...

      3. Petty sessional divisions

        1. 5.(1) Subject to the provisions of this paragraph the existing...

        2. 6.(1) Where by virtue of paragraph 2 of this Schedule...

        3. 7.Where in a county divided into petty sessional divisions any...

      4. Existing clerks to justices

        1. 8.(1) The justices' clerk for any existing petty sessional division...

      5. Coroners

        1. 9.(1) Any existing coroner appointed under the Municipal Corporations Act,...

        2. 10.(1) Where by virtue of the last foregoing paragraph the...

      6. Sheriffs

        1. 11.(1) In the application of the Sheriffs Act, 1887, to...

      7. Jurors

        1. 12.Any provision of this Act extending or limiting the area...

      8. Special provisions for Hampshire and Isle of Wight

        1. 13.(1) The court of quarter sessions for the Isle of...

      9. Property and liabilities

        1. 14.(1) Where by virtue of paragraph 2 of this Schedule...

        2. 15.(1) Where by virtue of paragraph 9 of this Schedule,...

        3. 16.Subject to the three last foregoing paragraphs His Majesty may...

      10. Power to make supplementary provisions

        1. 17.(1) His Majesty may by Order in Council make such...

      11. Savings on separation of counties and county boroughs

        1. 18.(1) Where any existing enactment contains, in relation to justices...

        2. 19.For the purpose of the jurisdiction of the chancellor, vice-chancellor...

      12. Saving for Soke of Peterborough

        1. 20.The justices for the Soke of Peterborough shall, by virtue...

      13. Saving for Romney Marsh

        1. 21.Nothing in this Act shall affect the election, appointment or...

    3. THIRD SCHEDULE

      Non-County Boroughs Retaining Commissions of Peace

      1. PART I

        1. Boroughs with a population of 65,000 or over

      2. PART II

        1. Boroughs with a population between 35.000 and 65.000

      3. PART III

        1. Quarter sessions boroughs with a population between 20,000 and 35,000

    4. FOURTH SCHEDULE

      Constitution etc, of Magistrates' Courts Committees

      1. Constitution, establishment etc. of committees

        1. 1.(1) Subject to the next following sub-paragraph, a magistrates' courts...

        2. 2.(1) There shall be a single magistrates' courts committee for...

        3. 3.(1) There shall be a separate magistrates' courts committee for...

        4. 4.(1) A quarter sessions division of a county shall be...

        5. 5.(1) Subject to the following sub-paragraphs, the magistrates for a...

        6. 6.Any order of the Secretary of State under paragraph 2,...

      2. Proceedings etc., of Committees

        1. 7.A magistrates' courts committee shall be a body corporate.

        2. 8.The proceedings of a magistrates' courts committee shall not be...

        3. 9.(1) A magistrates' courts committee shall appoint one of the...

        4. 10.A magistrates' courts committee may act through subcommittees appointed by...

        5. 11.Subject to the provisions of this Act a magistrates' courts...

    5. FIFTH SCHEDULE

      Modifications of Local Government Superannuation Act, 1937, in relation to Justices' Clerks and their Staff

      1. PART I General Modifications

        1. 1.(1) Paragraph (b) of subsection (2) of section three of...

        2. 2.The appropriate superannuation fund in relation to any employment shall...

        3. 3.(1) There shall be paid by the council—

        4. 4.(1) Where a justices' clerk on attaining the age of...

        5. 5.No gratuity shall be granted by a magistrates' courts committee...

        6. 6.A person's remuneration for any employment where he has more...

        7. 7.(1) Any action taken by a magistrates' courts committee in...

        8. 8.Any provisions of a local Act which amend the 1937...

        9. 9.In this Part of this Schedule the expression " the...

      2. PART II Transitional Provisions

        1. 10.Where under the proviso to subsection (1) of section twenty...

        2. 11.An existing clerk or employee shall be entitled to the...

        3. 12.(1) In relation to an existing clerk or employee, subsections...

        4. 13.(1) In relation to an existing or former clerk or...

        5. 14.Where an existing or former clerk or employee has been...

        6. 15.A person's remuneration as justices' clerk for any period for...

        7. 16.In relation to an existing clerk or employee, paragraph (A)...

        8. 17.(1) Every administering authority maintaining a superannuation fund to which...

        9. 18.In this Part of this Schedule the expression " existing...

    6. SIXTH SCHEDULE

      Consequential Provisions as to Local Act Stipendiaries

      1. PART I

        1. Staffordshire stipendiaries

          1. 1.(1) A magistrate appointed under the Staffordshire Potteries Stipendiary Justice...

          2. 2.The place of a magistrate appointed under the South Staffordshire...

          3. 3.(1) A magistrate appointed under the Staffordshire Potteries Stipendiary Justice...

          4. 4.(1) Any provision of the Staffordshire Potteries Stipendiary Justice Acts,...

          5. 5.(1) If at any time the area in which the...

          6. 6.(1) If the commissioners under the South Staffordshire Stipendiary Justice...

          7. 7.Nothing in this Act shall be taken as imposing on...

      2. PART II

        1. South Wales stipendiaries

          1. 8.(1) The Merthyr Tydfil Stipendiary Justice Acts, 1843 to 1907,...

          2. 9.(1) The provisions of the Pontypridd Stipendiary Magistrate Act, 1920,...

      3. PART III

        1. Salford stipendiary

          1. 10.Part II of the Manchester Division and Borough of Salford...

    7. SEVENTH SCHEDULE

      Repeals

      1. PART I Repeals Consequential on Part I of Act

      2. PART II Repeals of Procedural Provisions

      3. PART III Miscellaneous Repeals

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