Justices of the Peace Act 1979 (repealed 19.6.1997)

Changes over time for: Section 24

Version Superseded: 01/04/1996

Alternative versions:

01/02/1991- Amendment
01/04/1992- Amendment
01/11/1994- Amendment
01/11/1994
Point in time
01/04/1996- Amendment
Stop date 19/06/1997- Amendment

Status:

Point in time view as at 01/11/1994. This version of this provision has been superseded.

Status

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Changes to legislation:

There are currently no known outstanding effects for the Justices of the Peace Act 1979 (repealed 19.6.1997), Section 24.

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24 Procedure relating to s. 23.E+W

(1)Before submitting to the [F1Lord Chancellor] a draft order or a report under section 23 of this Act about any area, a magistrates’ courts committee—

(a)shall consult the [F2council of every] non-metropolitan county [F3, metropolitan district or F4. . . London borough][F5which includes all or part of the area] and the magistrates for any existing petty sessional division in the area; and

(b)in the case of a draft order [F6concerning a non-metropolitan county], after complying with paragraph (a) above, shall send a copy of their proposals to every interested authority and take into consideration any objections made in the prescribed manner and within the prescribed time.

(2)A magistrates’ courts committee submitting to the [F1Lord Chancellor] a draft order or a report under section 23 of this Act shall comply with such requirements (if any) as to notice as may be prescribed; and the [F1Lord Chancellor], before making an order under that section about any area otherwise than in accordance with a draft submitted to him by the magistrates’ courts committee, shall send a copy of his proposals to the committee, to the [F7council of every] non-metropolitan county [F8, metropolitan district or F9. . . London borough [F10which includes all or part of the area], to the magistrates for any existing petty sessional division in the area and, if a non-metropolitan county is concerned, to every interested authority].

(3)Before making any order under section 23 of this Act the [F1Lord Chancellor] shall take into consideration any objections made in the prescribed manner and within the prescribed time, and may cause a local inquiry to be held.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(5)Subject to the provisions of Schedule 1 to this Act, the powers conferred by section 23 of this Act shall be in substitution for any other power to create or alter petty sessional divisions F12. . ., except powers conferred by any other provision of this Act [F13or by section 69 of the Police and Magistrates’ Courts Act 1994].

(6)For the purposes of this section—

(a)“interested authority”, in relation to any order or draft order [F14concerning a non-metropolitan county, means the council of any district in the county which is wholly or partly included in the area to which the order or draft order relates; and]

(b)an order shall be deemed to be made in accordance with a draft order if either it is made in terms of the draft order or the departures from the draft order do not, in the opinion of the [F1Lord Chancellor], effect important alterations in the draft order.

Textual Amendments

F1Words in s. 24(1)(2)(3)(6)(b) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).

F2Words in s. 24(1)(a) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(2)(a); S.I. 1994/2594, art.6

F3Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(a)(i)

F4Word in s. 24(1)(a) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 7(2)(b), Sch. 9 Pt.II; S.I. 1994/2594, arts.6, 7

F5Words in s. 24(1)(a) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(2)(c); S.I. 1994/2594, art.6

F6Words inserted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(a)(ii)

F7Words in s. 24(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(3)(a); S.I. 1994/2594, art.6

F8Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(b)

F9Word in s. 24(2) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 7(3)(b), Sch. 9 Pt.II; S.I. 1994/2594, arts.6, 7

F10Words in s. 24(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 7(3)(c); S.I. 1994/2594, art.6

F11S. 24(4) repealed by Local Government Act 1985 (c.51, SIF 81:1), s. 102, Sch. 17