Mr Geoffrey Hoon
157
Schedule 7, page 80, line 32, leave out 'the area of'.
Mr Geoffrey Hoon
199
Schedule 7, page 82, line 30, at end insert—
'The Sunday Theatre Act 1972 (c.26)
. In section 2(2) of the Sunday Theatre Act 1972 (definition of "inner London area"), for the words from "which" to the end substitute "consisting of the inner London boroughs".'.
Mr Geoffrey Hoon
200
Schedule 7, page 82, line 43, at end insert—
'33A. In section 146(5) (rules relating to youth courts), for "inner London area" substitute "area consisting of the inner London boroughs".'.
Mr Geoffrey Hoon
201
Schedule 7, page 83, line 8, at end insert—
'The Criminal Justice Act 1991 (c.53)
36A. In section 76 of the Criminal Justice Act 1991 (provision of court security officers), in subsection (5) (requirement of confirmation of Secretary of State), for "consists of or forms part of" substitute "falls wholly or partly within".'.
Mr Geoffrey Hoon
202
Schedule 7, page 83, line 12, leave out from 'subsection' to end of line 14 and insert '(2)(d) (expenses of the Receiver relating to magistrates' courts in the inner London area)—
(a) after "courts" insert "acting for petty sessions areas falling wholly or partly", and
(b) for "that area" substitute "the inner London area".'.
Mr Geoffrey Hoon
203
Schedule 7, page 83, line 17, leave out 'and the City of London'.
Mr Geoffrey Hoon
204
Schedule 7, page 83, line 29, at end insert—
'39A. In section 18(2) (expenditure of inner London probation committee)—
(a) for "If" substitute "Unless", and
(b) for "does not include any petty sessions area outside" substitute "includes any petty sessions area not falling wholly or partly within".
39B. In section 29(1)(a) (definition of "responsible authority for inner London probation area), for the words from "is situated" to the end "a petty sessions area included in the inner London probation area by virtue of section 2(3)(b) above wholly or partly falls".'.
Mr Geoffrey Hoon
205
Schedule 7, page 83, line 32, leave out 'and the City of London'.
Mr Geoffrey Hoon
206
Schedule 7, page 85, line 3, after 'means' insert 'the area consisting of'.
Mr Geoffrey Hoon
207
Schedule 8, page 86, leave out lines 8 and 9.
Mr Geoffrey Hoon
208
Schedule 8, page 86, line 10, after '4' insert 'of the Metropolitan Police Courts Act 1897'.
Mr Geoffrey Hoon
209
Schedule 8, page 86, leave out lines 14 to 17.
Mr Geoffrey Hoon
158
Schedule 8, page 86, line 26, leave out from beginning to end of line 16 on page 87 and insert—
'(2) Before paragraph 2 insert—
(3) In paragraph 2 (justice not qualified to sit as member of youth court unless he is a member of a youth court panel), after "he is" insert—
"(a) a District Judge (Magistrates' Courts), or
(4) After that paragraph insert—
Mr Geoffrey Hoon
210
Clause 62, page 35, line 27, after 'shall' insert—
'(a) consist of the whole of one or more commission areas or be included wholly within a single commission area, and
Mr Geoffrey Hoon
211
Clause 63, page 38, line 19, leave out subsection (6).
Mr Geoffrey Hoon
212
Clause 64, page 38, line 44, after 'body' insert 'corporate'.
Mr Geoffrey Hoon
213
Clause 64, page 38, line 46, leave out 'Greater London Magistrates' Courts'.
Mr Geoffrey Hoon
214
Clause 64, page 39, leave out lines 1 and 2.
Mr Geoffrey Hoon
215
Clause 64, page 39, leave out lines 10 to 19 and insert 'and
(b) provision about the Authority's constitution and procedure (including quorum and meetings).'.
Mr Geoffrey Hoon
216
Clause 64, page 39, line 23, at end insert—
| 'Procedure of Authority. | 30C.—(1) The Greater London Magistrates' Courts Authority may, with the approval of the Lord Chancellor, act through committees appointed by the Authority which, if they include at least one member of the Authority, may also include persons who are not members.
(2) The Authority may also arrange for the discharge of any of their functions—
(a) by the chairman of the Authority; or
(b) by the justices' chief executive.
(3) Subject to regulations made under this Act, the Authority shall have power to regulate their own procedure, including quorum.'.
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Mr Geoffrey Hoon
217
Clause 64, page 39, leave out lines 25 to 28 and insert—
'(2) After section 59 of that Act insert—
| Functions. | 59A.—(1) The Greater London Magistrates' Courts Authority shall provide such petty sessional court-houses and other accommodation, and such goods and services, as they may determine proper for the performance of the Authority's functions and those of—
(a) the magistrates for Greater London;
(b) any committee of the magistrates for Greater London; and
(c) the justices' clerks for any part of Greater London.
(2) The Authority may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the function in subsection (1) above; but the Authority may not borrow money except insofar as authorised by any other enactment to do so.
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| Funding. | 59B.—(1) The Lord Chancellor may pay to the Greater London Magistrates' Courts Authority grants not exceeding—
(a) 80 per cent of the relevant capital expenditure of the Authority in any year, and
(b) 80 per cent of the relevant net current expenditure of the Authority in any year.
(2) Each London local authority shall pay to the Authority—
(a) such proportion of the remainder of the relevant capital expenditure of the Authority in any year, and
(b) such proportion of the remainder of the relevant net current expenditure of the Authority in any year,
as the Lord Chancellor may by regulations made by statutory instrument prescribe.
(3) For the purposes of this section—
"the relevant capital expenditure" of the Authority in any year is the lesser of—
(a) the capital expenditure of the Authority in that year, and
(b) the amount which, in relation to that year, is for the time being determined by the Lord Chancellor; and
"the relevant net current expenditure" of the Authority in any year is the lesser of—
(a) the net current expenditure of the Authority in that year, and
(b) the amount which, in relation to that year, is for the time being determined by the Lord Chancellor.
(4) The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations—
(a) as to the manner in which income and expenditure of the Authority is to be taken into account in determining its capital and net current expenditure in any year for the purposes of this section; and
(b) so as to provide that any expenditure of the Authority which is of a description specified in the regulations is not to be taken to be capital expenditure in any year for the purposes of this section.
(5) Subject to any such regulations, any question as to the capital or net current expenditure of the Authority in any year for the purposes of this section shall be determined by the Lord Chancellor.
(6) The Lord Chancellor may direct that, in determining the capital or net current expenditure of the Authority in any year, there shall be taken into account or disregarded, to such extent as may be specified in the direction, such items as may be so specified.
(7) Grants under this section shall be paid at such times, in such manner and subject to such conditions as the Lord Chancellor may with the concurrence of the Treasury determine.
(8) The Lord Chancellor may by regulations made by statutory instrument make provision as to the making of payments under subsection (2) above, including provision—
(a) as to whether payments are to be made by instalments or otherwise;
(b) as to the time when payments are to be made;
(c) conferring a right to interest on anything unpaid; and
(d) permitting a London local authority to anticipate a payment under this section when making calculations in accordance with section 32 of the Local Government Finance Act 1992 (originally or by way of substitute).
(9) Regulations made by virtue of subsection (2), (4)(b) or (8) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(10) In this section "London local authority" means the council of any London borough or the Common Council of the City of London.
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| Consultation. | 59C.—(1) The Authority shall consult each London local authority before making any determination under section 59A(1) above or any determination as to—
(a) the salary to be paid to a justices' clerk or justices' chief executive and to staff of the Authority; or
(b) the nature and amount of the expenses which the Authority may incur in the discharge of their functions or may authorise to be incurred.
(2) Any London local authority which is aggrieved by such a determination may, within one month from the receipt by the London local authority of written notice of the determination, appeal to the Lord Chancellor, whose decision shall be binding upon the Authority and the London local authority concerned.
(3) In this section, "London local authority" has the same meaning as in section 59B above.
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| Accounting. | 59D.—(1) The Greater London Magistrates' Courts Authority shall keep a fund to be known as the GLMCA fund.
(2) All the Authority's receipts shall be paid into the GLMCA fund and all the Authority's expenditure shall be paid out of it.
(3) The Authority shall—
(a) keep accounts of payments made into or out of the GLMCA fund,
(b) appoint a person as chief finance officer with responsibility for the administration of the Authority's financial affairs, and
(c) make other arrangements for the proper administration of their financial affairs.
(4) The Lord Chancellor may by regulations made by statutory instrument make provision applying Part II of the Audit Commission Act 1998 (accounts and audit of public bodies) to the Authority, with or without modifications and exceptions.
(5) A statutory instrument containing regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Provisions applying to all magistrates' courts committees.".'.
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(3) Schedule (The Greater London Magistrates Courts' Authority) (which makes provision supplementary to this section) shall have effect.'.
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