Justices of the Peace Act 1979

24 Procedure relating to s. 23

(1) Before submitting to the Secretary of State a draft order or a report under section 23 of this Act about any area, a magistrates' courts committee—

(a) shall consult the council of the non-metropolitan county or metropolitan district concerned and the magistrates for any existing petty sessional division in the area; and

(b) in the case of a draft order, 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 Secretary of State 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 Secretary of State, 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 council of the non-metropolitan county or metropolitan district concerned, to the magistrates for any existing petty sessional division in the area and to every interested authority.

(3) Before making any order under section 23 of this Act the Secretary of State 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) In its application to the outer London areas this section shall have effect as if any reference to the council of a non-metropolitan county were a reference to the Greater London Council.

(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 in a county or London commission area, except powers conferred by any other provision of this Act.

(6) For the purposes of this section—

(a) " interested authority ", in relation to any order or draft order, means the council of any outer London borough, metropolitan county or metropolitan district which includes the whole or any part of the area to which the 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 Secretary of State, effect important alterations in the draft order.