Magistrates' Courts (Wales) (Consequences of Local Government Changes) Order 1996

JurisdictionUK Non-devolved
CitationSI 1996/675

1996 No. 675

MAGISTRATES' COURTS

The Magistrates' Courts (Wales) (Consequences of Local Government Changes) Order 1996

Made 6th March 1996

Laid before Parliament 8th March 1996

Coming into force 1st April 1996

The Lord Chancellor, in exercise of the powers conferred on him by section 55(1) and (4)(b) and section 63(5) of the Local Government (Wales) Act 19941, hereby makes the following Order:

S-1 This Order may be cited as the Magistrates' Courts (Wales)...

1.—(1) This Order may be cited as the Magistrates' Courts (Wales) (Consequences of Local Government Changes) Order 1996 and, subject to paragraph (2), shall come into force on 1st April 1996.

(2) This Order shall come into force immediately after the coming into force of the Local Government Changes for England (Magistrates' Courts) Regulations 19962.

S-2 The Acts and statutory instruments listed in the Schedule shall...

2. The Acts and statutory instruments listed in the Schedule shall be amended or construed as provided therein.

S-3 Every person who immediately before 1st April 1996 holds office...

3.—(1) Every person who immediately before 1st April 1996 holds office as a justice of the peace for an old commission area shall on and after that date hold office as a justice of the peace for the new commission area which includes the petty sessions area for which he acts, and the commissions of the peace for the old commission areas shall accordingly have effect as commissions of the peace for the new commission areas.

(2) In paragraph (1)—

“old commission area” means an area in Wales for which there was a commission of the peace immediately before 1st April 1996;

“new commission area” means an area in Wales for which, in accordance with section 1 of the Justices of the Peace Act 19793, there should be a commission of the peace on and after 1st April 1996.

S-4 Where by virtue of an order under section 55 of the Local...

4. Where by virtue of an order under section 55 of the Local Government (Wales) Act 1994 one or more commission areas are created, abolished or altered, article 3 shall have effect in relation to that change with the following modifications:

(a) for every reference to 1st April 1996 there shall be substituted the date on which the order comes into force;

(b) for the reference to section 1 of the Justices of the Peace Act 1979 there shall be substituted a reference to the order;

(c) at the end of paragraph (1) there shall be inserted the words “until such time as commissions of the peace for the new commission areas are granted”.

S-5 Subject to any order made under section 55 of the Local...

5.—(1) Subject to any order made under section 55 of the Local Government (Wales) Act 1994, every petty sessions area which, immediately before 1st April 1996, was a petty sessional division of a county in Wales shall continue in existence on and after that date as a petty sessional division of the preserved county corresponding to that county.

(2) Subject to any order made under section 69 of the Police and Magistrates' Courts Act 19944, every magistrates' courts committee for a county in Wales existing immediately before 1st April 1996 shall continue in existence on and after that date as the magistrates' courts committee for the preserved county corresponding to that county.

(3) In this article a preserved county corresponds to a county if it comprises all or most of the area of that county as it existed immediately before 1st April 1996.

Mackay of Clashfern, C.

Dated 6th March 1996

SCHEDULE

Article 2

SCHEDULE

1 AMENDMENTS TO ENACTMENTS CONCERNING MAGISTRATES' COURTS

PART I

AMENDMENTS TO ENACTMENTS CONCERNING MAGISTRATES' COURTS

SCH-1.1

1.Justices of the Peace Act 1979

(1) In section 1 of the Justices of the Peace Act 19795, after the words “Local Government Act 1992” there shall be inserted the words “or section 55 of the Local Government (Wales) Act 1994”.

(2) In section 12 of that Act, the following shall be inserted after subsection (5)(c)—

“(d)

“(d) in relation to a commission area in Wales—

(i) the council of the county or county borough which is or includes the petty sessions area for which the justice acts, or

(ii) where the justice acts for a petty sessions area which is partly included in two or more counties or county boroughs, the councils of those counties and county boroughs.”.

(3) Section 24 of that Act shall be amended by the insertion in subsections (1)(a) and (2) of the words “, county borough in Wales” after the words “unitary district”, and by the insertion in subsections (1)(b), (2) and (6)(a) of the words “in England” after the words “a non-metropolitan county”.

(4) Section 24B of that Act shall be amended by the insertion in subsections (1)(a) and (2) of the words “, county borough in Wales” after the words “unitary district”, and by the insertion in subsections (2) and (4)(a) of the words “in England” after the words “a non-metropolitan county”.

SCH-1.2

2.Magistrates' Courts Act 1980

(1) In section 1(8) of the Magistrates' Courts Act 19806, for the words from “any commission area” to the end there shall be substituted “commission areas”.

(2) In section 2(1) and (3) of that Act—

(a)

(a) the words “in England or a preserved county in Wales” shall be repealed;

(b)

(b) the words “or preserved county (as the case may be)” shall be repealed.

(3) In section 3(4) of that Act, for the words from “any commission area” to the end there shall be substituted “commission areas”.

(4) In section 97(1) of that Act—

(a)

(a) the words “in England or any county in Wales” shall be repealed;

(b)

(b) the words “or county (as the case may be)” shall be repealed.

(5) In section 97(1A) of that Act, the words “or county (as the case may be)” shall be repealed.

(6) In section 116(3) of that Act, the words “in England and counties in Wales” shall be repealed.

(7) In section 150(1) of that Act, the words “, in relation to England,” in the definition of“commission area”, and the definition of “preserved county”, shall be repealed.

2 AMENDMENTS AND MODIFICATIONS TO OTHER ENACTMENTS

PART II

AMENDMENTS AND MODIFICATIONS TO OTHER ENACTMENTS

SCH-1.3

3.Sheriffs Act 1887

In section 38 of the Sheriffs Act 18877, after “any area in England” there shall be inserted “and Wales”.

SCH-1.4

4.Licensing Act 1964

Sections 85(4), 188(4) and 193(9) of the Licensing Act 19648shall be repealed.

SCH-1.5

5.Representation of the People Act 1983

In the Representation of the People Act 19839, section 177(2) shall be repealed.

SCH-1.6

6.Probation Service Act 1993

In paragraph 6(3) of Schedule 1 to the Probation Service Act 199310, the words “in England, or any county in Wales,” shall be repealed.

Modification of references

Modification of references

SCH-1.7

7.—(1) In the enactments to which this paragraph applies—

(a)

(a) any reference to a justice of the peace for, of or within a county shall be construed in relation to any area in Wales as a reference to a justice of the peace for a commission area (as defined in section 1 of the Justices of the Peace Act 1979);

(b)

(b) any reference to county justices shall in relation to any area in Wales be construed as a reference to justices of the peace for a commission area (as so defined), and

(c)

(c) any reference to a county, without more, shall be construed in relation to any area in Wales as a reference to a commission area (as so defined).

(2) The enactments to which this paragraph applies are the following—

(a)

(a) section 10 of the Parochial Libraries Act 170811;

(b)

(b) section 4 of the Distress for Rent Act 173712;

(c)

(c) section 4 of the Inclosure Act 177313;

(d)

(d) section 2 of the Burial Ground Act 181614;

(e)

(e) section 2 of the Distress (Costs) Act 181715;

(f)

(f) section 1 of the Inclosure and Drainage (Rates) Act 183316;

(g)

(g)...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT