Justices of the Peace Act 1979 (repealed 19.6.1997)

55 Duties of local authorities outside Greater London. E+W

(1) Subject to the provisions of this Act, the council of each non-metropolitan county and of each metropolitan district shall provide the petty sessional court-houses and other accommodation, and the furniture, books, and other things, proper for the due transaction of the business, and convenient keeping of the records and documents, of the county justices or any committee of such justices, or for enabling the justices’ clerk for the non-metropolitan county or metropolitan district or any part thereof to carry out his duties.

(2) The council of each non-metropolitan county or metropolitan district shall pay—

(a) any expenses of the magistrates’ courts committee, or, in the case of a committee acting for the area of more than one such council, the proper proportion of those expenses; and

[F1 (b) the sums payable under Part II of this Act on account of a person’s salary or expenses as justices’ clerk for the non-metropolitan county or metropolitan district or any part thereof, the remuneration of any staff employed by the magistrates’ courts committee to assist him and the remuneration of any court security officers employed (whether by that committee or the council) under section 76(2)(a) of the Criminal Justice Act 1991, together with—

(i) secondary Class I contributions payable in respect of any such person, staff or officers under Part I of the M1 Social Security Act 1975, and

(ii) state scheme premiums so payable under Part III of the M2 Social Security Pensions Act 1975;

(bb) the sums payable under any contract entered into (whether by the magistrates’ courts committee or the council) under section 76(2)(b) of the Criminal Justice Act 1991;]

(c) so far as they are not otherwise provided for, all other costs incurred with the general or special authority of the magistrates’ courts committee by the county justices.

[F2 (2A) Nothing in subsection (1) or (2) above shall require a council to incur any expenditure or make any payment which would—

(a) cause the net cost to it in any year of the matters mentioned in subsection (1) of section 59 of this Act to exceed the amount which, in relation to the council and that year, is for the time being determined by the [F3 Lord Chancellor] under subsection (3)(b) of that section; or

(b) cause its capital expenditure in any year in pursuance of functions under this Part of this Act to exceed the amount which, in relation to the council and that year, is for the time being determined by the [F3 Lord Chancellor] under subsection (4)(b) of that section;

and in determining any such net cost as is mentioned in paragraph (a) above there shall be disregarded any such capital expenditure as is mentioned in paragraph (b) above.]

(3) Subject to section 16(2) of this Act, any accommodation provided under this section for any justices or justices’ clerk may be outside the area for which the justices act and, in the case of a petty sessional court-house, shall be deemed to be in that area for the purposes of the jurisdiction of the justices when acting in the court-house.

(4) Two or more councils may arrange for accommodation, furniture, books or other things provided for the purposes of this section by one of them to be used also as if provided for those purposes by the other or each of the others.

Textual Amendments

F1 S. 55(2)(b)(bb) substituted (1.4.1992) for s. 55(2)(b) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 79(1); S.I. 1992/333, art. 2(1), Sch.1

F2 S. 55(2A) inserted (31. 10. 1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 93(1); S.I. 1991/2208 art. 2(4), Sch.3.

F3 Words in s. 55(2A) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

Marginal Citations

M1 1975 c. 14.

M2 1975 c. 60.