Justices of the Peace Act 1997 (repealed) (Version in vigour from 2005-04-01 to )

Consolidated Text

As Enacted

Cited authorities 114

Cited in

Currency	No known outstanding effects
Coming into Force	01 April 2005

Contenidos

Justices of the Peace Act 1997 (repealed)
Part I: Commissions of the peace and petty sessions areas

1: Commission areas.

2: London commission areas.

3: General form of commissions of the peace.
4: Petty sessions areas.

Part II: Justices of the peace

Justices other than District Judges (Magistrates’ Courts)

5: Appointment and removal of justices of the peace.
6: Residence qualification.
7: Supplemental list for England and Wales.
8: Removal of name from supplemental list.
9: Effect of entry of name in supplemental list.
10: Travelling, subsistence and financial loss allowances.

District Judges (Magistrates’ Courts)

10A: Appointment and tenure.
10B: Deputies.
10C: Status.
10D: Power to discharge functions exercisable by two justices.
10E: Disapplication of restrictions.

Stipendiary magistrates

11: Appointment and removal of stipendiary magistrates.
12: Retirement of stipendiary magistrates.
13: Acting stipendiary magistrate.
14: Place of sitting and powers of stipendiary magistrates.
15: Certain restrictions on magistrates’ courts not to apply to stipendiary magistrates.

Metropolitan stipendiary magistrates

16: Appointment, removal and retirement of metropolitan stipendiary magistrates.
17: Metropolitan stipendiary magistrates: allocation and sittings etc.
18: Jurisdiction of metropolitan stipendiary magistrates and lay justices for inner London area.
19: Acting metropolitan stipendiary magistrate.
20: Division of work in inner London area.

. . .

21: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General provisions

22: Chairman and deputy chairmen of justices.
23: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24: Rules as to chairmanship and size of bench.
25: Records of justices of the peace.
26: Greater Manchester, Merseyside and Lancashire.

Part III: Magistrates’ courts committees

Introductory

27: Introduction.: Magistrates’ courts committees shall have—

Magistrates’ courts committees outside Greater London

27A: Committees.
27B: Alteration of committee areas.
28: Constitution of committees.
29: Regulations about committees.
30: Supplementary provisions about committees.

Greater London

30A: Greater London Magistrates’ Courts Authority.
30B: Regulations about Authority.
30C: Procedure of Authority.
31A: Execution of warrants.
31: General powers and duties of magistrates’ courts committees.
32: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32A: Alteration of commission areas.
33: Alteration of petty sessions areas.
34: Procedure relating to s. 33.
35: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37: Reports and plans.
38: Default powers.
39: Studies by Audit Commission.
39A: Code of conduct for members etc.
39B: Non-compliance with code.

Part IV: Justices’ chief executives, justices’ clerks and staff

40: Appointment of justices’ chief executive.

41: Role of justices’ chief executive.

41A: Justices’ chief executive as collecting officer.

42: Appointment and removal of justices’ clerks.

43: Qualifications for appointment as justices’ clerk.: No person shall be appointed as justices’ clerk unless either—

44: Terms of employment of justices’ chief executives, justices’ clerks and staff.

45: General powers and duties of justices’ clerks.

46: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47: Person acting as substitute clerk to justices.

48: Independence of justices’ clerks and staff exercising legal functions.

49: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50: Pensions etc. of justices’ chief executive, justices’ clerks and staff in inner London area.

Part V: Protection and indemnification of justices and justices’ clerks

51: Immunity for acts within jurisdiction.

52: Immunity for certain acts beyond jurisdiction.

53: Where action prohibited, proceedings may be set aside.
53A: Costs in legal proceedings.

54: Indemnification of justices and justices’ clerks.

Part VI: Administrative and financial arrangements

Greater London Magistrates’ Courts Authority

59A: Functions.
59B: Funding.
59C: Consultation.
59D: Accounting.

Provisions applying to all magistrates’ courts committees.

59E: Standard goods and services.
60A: Regulations about payment, accounting and banking.: The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations—

Part VII: Inspection of magistrates’ courts service

62: Inspectors of the magistrates’ courts service.

63: Powers of inspectors.

Part VIII: Miscellaneous and supplementary provisions

64: Training courses.

64A: Disqualifying offices
65: Disqualification in case of bankruptcy.
66: Disqualification in certain cases of justices who are members of local authorities.

67: Justices not disqualified by reason of liability to local taxation.: A justice of the peace may perform any act in the execution of his office as such a justice in relation to the laws concerning—

68: Acts done by justices outside their commission area.

68A: Provision of accommodation for justices and staff.
69: Promissory oaths of certain justices.

70: Application of enactments to the City of London.

71: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72: Interpretation.

73: Transitional provisions, consequential amendments and repeals.

74: Commencement.

75: Short title and extent.

SCHEDULES

SCHEDULE 1
SCHEDULE 2

Part I: Inner London area
Part II: Outer London areas

SCHEDULE 3
SCHEDULE 4 Section 73(1).
Transitional provisions and savings

Part I: General provisions
Part II: Provisions relating to particular enactments

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