Justices of the Peace Act 1979 (repealed 19.6.1997) (Version in vigour from 1997-08-17 to )

Consolidated Text

As Enacted

Cited authorities 92

Cited in

Currency	No known outstanding effects
Coming into Force	17 August 1997

Contenidos

Justices of the Peace Act 1979 (repealed 19.6.1997)
Part I: General

Areas and commissions of the peace

1: Commission areas.: Subject to any order made under section 17 of the Local Government Act 1992,or section 55 of the Local Government (Wales) Act 1994 there shall in England and Wales be a commission of the peace for the following areas . . ., that is to say—
2: London commission areas.
3: Power to adjust London commission areas.
4: Petty sessions areas.
5: General form of commissions of the peace.

Justices other than stipendiary magistrates

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

Stipendiary magistrates other than metropolitan stipendiary magistrates

13: Appointment and removal of stipendiary magistrates.
14: Retirement of stipendiary magistrates.
15: Acting stipendiary magistrate.
16: Place of sitting and powers of stipendiary magistrates.

Part II: Organisation of Functions of Justices

General provisions

17: Chairman and deputy chairmen of justices.
18: Rules as to chairmanship and size of bench.

Magistrates’ courts committees

19: General provisions as to magistrates’ courts committees.
20: Constitution of magistrates’ courts committees.
21: Powers of Lord Chancellor in relation to magistrates’ courts committees.
22: Supplementary provisions as to magistrates’ courts committees.
22A: General powers and duties of magistrates’ courts committees.
23: Powers and duties of committee as to petty sessional divisions.
24: Procedure relating to s. 23.
24A: Alteration of names of petty sessions areas outside inner London Area.
24B: Procedure relating to s. 24A.
24C: Reports and plans.

Justices’ chief executives, justices’ clerks and staff

24D: Appointment of justices’ chief executive.
24E: Functions of justices’ chief executive.

Justices’ clerks and their staffs

25: Appointment and removal of justices’ clerks.
26: Qualifications for appointment as justices’ clerk.
26A: Justices’ chief executives and justices’ clerks to be employed under contracts of service.
27: Conditions of service and staff of justices’ clerks.
28: General powers and duties of justices’ clerks.
29: Functions of justices’ clerk as collecting officer.
30: Person acting as substitute clerk to justices.
30A: Independence of justices’ clerk and staff in relation to legal functions.

Part III: Inner London Area

Metropolitan stipendiary magistrates

31: Appointment, removal and retirement of metropolitan stipendiary magistrates.
32: Allocation and sittings of metropolitan stipendiary magistrates.
33: Jurisdiction of metropolitan stipendiary magistrates and lay justices.
34: Acting metropolitan stipendiary magistrate.
34A: Division of work in inner London area.

Justices’ clerks for youth courts and family proceedings courts

34B: Appointment of justices’ clerks for youth courts and family proceedings courts.

Provisions relating to committee of magistrates

35: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36A: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV: City of London

39: Ex officio and appointed justices.

40: Chairman and deputy chairmen of justices.

41: Application of enactments to the City.

42: No petty sessional divisions in the City.
43: Records of appointed justices for the City.

Part V: Protection of Justices and Indemnification of Justices and Justices’ Clerks

44: Immunity for acts within jurisdiction.: No action shall lie against any justice of the peace or justice’s clerk in respect of any act or omission of his—

45: Immunity for certain acts beyond jurisdiction.: An action shall lie against any justice of the peace or justice’s clerk in respect of any act or omission of his—

46: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50: Where action prohibited, proceedings may be set aside.
51: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53: Indemnification of justices and justices’ clerks.

54: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VI: Administrative and Financial Arrangements

55: Duties of local authorities.

56: Provisions supplementary to s. 55.

57: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
58: Corresponding arrangements in inner London area.

59: Grants by Lord Chancellor to responsible authorities.

59A: Local authority land appropriated to magistrates’ courts purposes.

60: Special provision as to grants to Greater London Council.
61: Application of fines and fees.

62: Defaults of justices’ clerks and their staffs.

62A: Regulations as to accounts and audit.

Part VII: Miscellaneous and Supplementary Provisions

63: Courses of instruction.

63A: Disqualification in case of bankruptcy.

64: Disqualification in certain cases of justices who are members of local authorities.

65: Justices not disqualified by reason of being ratepayers.
66: Acts done by justices outside their commission area.

67: Promissory oaths of certain justices.

68: Greater Manchester, Merseyside and Lancashire.

69: Isles of Scilly.
69A: Regulations.
70: Interpretation.
71: Transitional provisions and savings, amendments and repeals.

72: Short title, commencement and extent.

SCHEDULES

SCHEDULE 1 Section 71.
Transitional Provisions and Savings

Interpretation
General transitional provisions
Commissions of the peace
Justices of the peace in office
Stipendiary magistrates (other than metropolitan stipendiary magistrates)
Petty sessional divisions
Justices’ clerks and their staffs
Justices of the Peace Act 1949, Schedule 2
Provisions relating to Part V of Act
Saving for superannuation provisions
Savings for Local Government Act 1972, ss. 67, 252, 254

SCHEDULE 2 Section 71.
Consequential Amendments

Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)
Children and Young Persons Act 1933 (c. 12)
National Assistance Act 1948 (c. 29)
Children Act...

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