The Local Justice Areas Order 2016

Statutory Instruments

2016 No. 941

Justices Of The Peace, England And Wales

The Local Justice Areas Order 2016

Made

15th September 2016

Laid before Parliament

22nd September 2016

Coming into force in accordance with article 1

The Lord Chancellor, in exercise of the powers conferred by sections 8(4) and 108(6) of the Courts Act 2003(1) and after consulting in accordance with section 8(5A) and 8(6) of that Act, makes the following Order:

Citation and commencement

1.—(1) This Order may be cited as the Local Justice Areas Order 2016.

(2) This Order comes into force on 14th October 2016 for the purposes of Parts 1 and 2 of the Schedule.

(3) For all other purposes, this Order comes into force on 1st April 2017.

Interpretation

2.  In this Order—

“continuing area” means a local justice area other than an existing area or a new area;

“existing area” means a local justice area, listed in article 3, as it exists immediately before 1st April 2017;

“FTAAAC area”, “JTAAAC area”, “FTAAAC selection panel”, “JTAAAC selection panel” and “justice” have the meaning given in the Justices of the Peace Rules 2016(2);

“new area” means a local justice area constituted by this Order.

New Areas

3.—(1) The existing areas of—

(a) Bristol,

(b) North Avon, and

(c) Somerset,

are combined to become a new area named Avon and Somerset.

(2) The existing areas of—

(a) Newcastle and Ogmore, and

(b) Cardiff and the Vale of Glamorgan,

are combined to become a new area named Cardiff.

(3) The existing areas of—

(a) North Cheshire,

(b) South and East Cheshire, and

(c) West Cheshire,

are combined to become a new area named Cheshire.

(4) The existing areas of—

(a) Hartlepool, and

(b) Teesside,

are combined to become a new area of Cleveland.

(5) The existing areas of—

(a) South East Hampshire, and

(b) South Hampshire,

are combined to become a new area named East Hampshire.

(6) The existing areas of—

(a) East Yorkshire,

(b) Grimsby and Cleethorpes,

(c) Hull and Holderness, and

(d) North Lincolnshire,

are combined to become a new area named Humber.

(7) The existing areas of—

(a) Liverpool and Knowsley,

(b) Sefton,

(c) St Helens, and

(d) Wirral,

are combined to become a new area named Merseyside.

(8) The existing areas of—

(a) Brecknock and Radnorshire, and

(b) Glamorgan Valleys,

are combined to become a new area named Mid Wales.

(9) The existing areas of—

(a) Corby,

(b) Kettering,

(c) Northampton, Daventry and Towcester, and

(d) Wellingborough,

are combined to become a new area named Northamptonshire.

(10) The existing areas of—

(a) Conwy, and

(b) Denbighshire,

are combined to become a new area named North Central Wales.

(11) The existing areas of—

(a) Gwynedd, and

(b) Ynys Môn/ Anglesey

are combined to become a new area named North West Wales.

(12) The existing areas of—

(a) Barnsley District,

(b) Doncaster,

(c) Rotherham, and

(d) Sheffield,

are combined to become a new area named South Yorkshire.

(13) The existing areas of—

(a) Central and South West Staffordshire,

(b) North Staffordshire, and

(c) South East Staffordshire,

are combined to become a new area named Staffordshire.

(14) The existing areas of—

(a) North Surrey

(b) South East Surrey, and

(c) South West Surrey,

are combined to become a new area named Surrey.

(15) The existing areas of—

(a) Bradford and Keighley,

(b) Calderdale,

(c) Kirklees,

(d) Leeds District, and

(e) Wakefield and Pontefract,

are combined to become a new area named West Yorkshire.

Amendments to the Local Justice Areas Order 2005

4.—(1) The Schedule to the Local Justice Areas Order 2005(3) is amended as follows.

(2) In the relevant place—

(a) omit—

(i) “Barnsley District”;

(ii) “Bradford and Keighley”;

(iii) “Brecknock and Radnorshire”;

(iv) “Bristol”;

(v) “Calderdale”;

(vi) “Cardiff and the Vale of Glamorgan”;

(vii) “Central and South West Staffordshire”;

(viii) “Corby”;

(ix) “Conwy”;

(x) “Denbighshire”;

(xi) “Doncaster”;

(xii) “East Yorkshire”;

(xiii) “Glamorgan Valleys”;

(xiv) “Grimsby and Cleethorpes”;

(xv) “Gwynedd”;

(xvi) “Hartlepool”;

(xvii) “Hull and Holderness”;

(xviii) “Kettering”;

(xix) “Kirklees”;

(xx) “Leeds District”;

(xxi) “Liverpool and Knowsley”;

(xxii) “Newcastle and Ogmore”;

(xxiii) “North Avon”;

(xxiv) “North Cheshire”;

(xxv) “North Lincolnshire”;

(xxvi) “North Staffordshire”;

(xxvii) "North Surrey"

(xxviii) “Northampton, Daventry and Towcester”;

(xxix) “Rotherham”;

(xxx) “Sefton”;

(xxxi) “Sheffield”;

(xxxii) “Somerset”;

(xxxiii) “South and East Cheshire”;

(xxxiv) “South East Hampshire”;

(xxxv) “South East Staffordshire”;

(xxxvi) “South Hampshire”;

(xxxvii) South East Surrey

(xxxviii) South West Surrey

(xxxix) “St Helens”;

(xl) “Teesside”;

(xli) “Wakefield and Pontefract”;

(xlii) “Wellingborough”;

(xliii) “West Cheshire”;

(xliv) “Wirral”;

(xlv) “Ynys Môn/ Anglesey”; and

(b) insert—

(i) “Avon and Somerset”;

(ii) “Cardiff”;

(iii) “Cheshire”;

(iv) “Cleveland”;

(v) “East Hampshire”;

(vi) “Humber”;

(vii) “Merseyside”;

(viii) “Mid Wales”;

(ix) “Northamptonshire”;

(x) “North Central Wales”;

(xi) “North West Wales”;

(xii) “South Yorkshire”;

(xiii) “Staffordshire”;

(xiv) “Surrey”;

(xv) “West Yorkshire”.

Schedule

5.  The Schedule to this Order has effect.

Sir Oliver Heald QC

Minister of State

Ministry of Justice

15th September 2016

Article 5

SCHEDULE

PART 1 Consequential and Transitional Provisions

1.—(1) The persons referred to in sub-paragraph (2) must be elected in the prescribed manner and for the prescribed term.

(2) The persons are—

(a) a chairman and one or more deputy chairmen of the justices of a new area;

(b) one or more members of a JTAAAC selection panel where the relevant JTAAAC area includes a new area;

(c) one or more members of an FTAAAC selection panel where the relevant FTAAAC area includes a new area.

(3) Subject to paragraph 2, the persons elected under sub-paragraph (2)(a) are to hold that position from 1st April 2017.

(4) The persons elected under sub-paragraph (2)(a) may hold one or more meetings after the conclusion of the process of election but before 1st April 2017 for the purpose of preparing to assume their functions on and after that date.

(5) For the purposes of calculating, in the prescribed manner, the number of persons to be elected under sub-paragraph (2)(b) or (c), the number of local justice areas in the FTAAAC area or JTAAAC area is to be calculated as if the new area or areas exist and taking into account the number of continuing areas in the FTAAAC area or JTAAAC area.

(6) In this paragraph the expressions “the prescribed manner” and “the prescribed term” mean the manner and term prescribed by the Justices of the Peace Rules 2016.

PART 2 Vacancy of chairman or deputy chairman of existing area

2.  In the event that a vacancy for the post of chairman or deputy chairman arises in an existing area before 1st April 2017, the person elected to be chairman or deputy chairman of the new area which is to include that existing area is to hold the position of chairman or deputy chairman (as the case may be) of that existing area until the new area comes into existence.

PART 3 Other things done

3.  Subject to the provisions of this Schedule, anything done before 1st April 2017 by, to, before or in relation to any justices for an existing area, their clerk or any other officer of the court, is on or after that date, deemed to have been done in the new area.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order creates fifteen new local justice areas by combining certain existing local justice areas. It amends the list of local justice areas in the Local Justice Areas Order 2005 (S.I. 2005/554) to reflect changes.

The new local justice areas and the existing areas they combine are as follows:

• Avon and Somerset replaces the areas of Bristol, North Avon and Somerset.

• Cardiff replaces the areas of Newcastle and Ogmore and Cardiff and the Vale of Glamorgan.

• Cheshire replaces the areas of North Cheshire, South and East Cheshire, and West Cheshire.

• Cleveland replaces the areas of Hartlepool and Teesside.

• East Hampshire replaces the areas of South East Hampshire and South Hampshire.

• Humber replaces the areas of East Yorkshire, Grimsby and Cleethorpes, Hull and Holderness, and North Lincolnshire.

• Merseyside replaces the areas of Liverpool and Knowsley, Sefton, St Helens, and Wirral.

• Mid Wales replaces the areas of Brecknock and Radnorshire and Glamorgan Valleys.

• Northamptonshire replaces the areas of Corby, Kettering, and Northampton, Daventry and Towcester, and Wellingborough.

• North Central Wales replaces the areas of Conwy and Denbighshire.

• North West Wales replaces the areas of Gwynedd and Ynys Môn/ Anglesey.

• South Yorkshire replaces the areas of Barnsley District, Doncaster, Rotherham, and Sheffield.

• Staffordshire replaces the areas of Central and Southwest Staffordshire, North Staffordshire, and South East Staffordshire.

• Surrey replaces the areas of North Surrey, South East Surrey, and South West Surrey.

• West Yorkshire replaces the areas of Bradford and Keighley, Calderdale, Kirklees, Leeds District, and Wakefield and Pontefract.

The Order comes into force on 14th October 2016 for the purposes of enabling persons to be elected on the basis of the new local justice areas; and for filling any vacancies of chairman or deputy chairman which arise prior to 1st April 2017. The Order comes into force on 1 April 2017 for all other purposes.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

2003 c. 39. Section 8(5A) was inserted by the Constitutional Reform Act 2005 (c. 4), section 15(1) and Schedule 4, paragraph 312. Section 108(6) was amended by the Constitutional Reform Act 2005 (c. 4), section 15(1) and Schedule 4, paragraph 348.

(2)

S.I. 2016/709.

(3)

S.I. 2005/554. This Schedule was substituted by S.I. 2011/1168 and amended by S.I. 2011/1708, S.I. 2012/1277, S.I. 2012/1555, S.I. 2012/3128, S.I. 2013/1777, S.I. 2013/1878, S.I. 2014/322, S.I. 2014/1899, S.I. 2014/2867, S.I. 2015/1506 and S.I. 2015/1870.