Access to Justice Bill [H.L.]

Access to Justice Bill [H.L.] - continued	House of Lords

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PART V

MAGISTRATES AND MAGISTRATES' COURTS

Territorial organisation

Commission areas.

52. - (1) For sections 1 and 2 of the Justices of the Peace Act 1997 (commission areas outside London and London commission areas) substitute-

"Commission areas.	1. - (1) England and Wales shall be divided into areas for each of which there shall be a commission of the peace.
	(2) The areas shall be as specified by the Lord Chancellor by order made by statutory instrument.
	(3) An area for which there is a commission of the peace shall be known as a commission area."

(2) In that Act, after section 32 insert-

"Alteration of commission areas.	32A. - (1) A magistrates' courts committee may at any time submit to the Lord Chancellor written proposals for an alteration of any commission area which includes the whole or any part of their area.
	(2) Before submitting such proposals the magistrates' courts committee shall consult-
	(a) the magistrates for their area or that of any affected magistrates' courts committee; and
	(b) any affected magistrates' courts committee.
	(3) Before making an order under section 1(2) above which makes an alteration of a commission area, other than an order which implements proposals submitted to him under subsection (1) above, the Lord Chancellor shall consult-
	(a) the magistrates for the area of any affected magistrates' courts committee; and
	(b) any affected magistrates' courts committee.
	(4) For the purposes of subsection (3) above an order shall be taken to implement proposals if it implements them without changes or any departures from the proposals do not, in the opinion of the Lord Chancellor, effect important changes in the proposals.
	(5) An order under section 1(2) above which makes an alteration of a commission area may contain such consequential and transitional provisions as appear to the Lord Chancellor to be necessary or expedient.
	(6) A statutory instrument containing an order under section 1(2) above which makes an alteration of a commission area shall be subject to annulment in pursuance of a resolution of either House of Parliament.
	(7) In this section references to the alteration of a commission area include (as well as a change in the boundaries of the area)-
	(a) the combination of the area with another commission area; and
	(b) the division of the area between two or more commission areas.
	(8) For the purposes of this section a magistrates' courts committee is affected by proposals or a proposed order if the alteration proposed would affect any commission area which includes the whole or any part of their area."

Petty sessions areas.

53. - (1) For section 4 of the Justices of the Peace Act 1997 (petty sessions areas and petty sessional divisions) substitute-

"Petty sessions areas.	4. - (1) England and Wales shall also be divided into areas known as petty sessions areas.
	(2) The areas and their names shall be as specified by the Lord Chancellor by order made by statutory instrument.
	(3) Each petty sessions area shall consist of either-
	(a) the whole of a commission area; or
	(b) an area wholly included within a commission area."

(2) For section 33 of that Act (functions of magistrates' courts committee as to petty sessional divisions and related procedure) substitute-

"Alteration of petty sessions areas.	33. - (1) A magistrates' courts committee may at any time submit to the Lord Chancellor a draft order which makes an alteration of a petty sessions area for which they are the committee.
	(2) A magistrates' courts committee shall, if directed to do so by the Lord Chancellor, consider whether any alteration is required to any petty sessions area for which they are the committee and, on completion of its consideration, shall submit to the Lord Chancellor either-
	(a) a draft order under subsection (1) above; or
	(b) a report giving reasons for no alteration.
	(3) The Lord Chancellor may only make an order under section 4(2) above which makes an alteration of a petty sessions area where-
	(a) the magistrates' courts committee for the area have submitted a draft order to him under subsection (1) above and the alteration made by the order is in the terms of the draft or subject only to such modifications as the Lord Chancellor thinks fit;
	(b) a magistrates' courts committee fail to comply within six months with a direction of the Lord Chancellor under subsection (2) above or he is dissatisfied with the draft order or report submitted in pursuance of such a direction; or
	(c) the alteration is consequential on an order under section 1(2) or 27A(2) above.
	(4) An order under section 4(2) above which makes an alteration of a petty sessions area may contain such consequential and transitional provisions as appear to the Lord Chancellor to be necessary or expedient.
	(5) In this section and section 34 below references to the alteration of a petty sessions area include (as well as a change in the boundaries of the area)-
	(a) the combination of the area with another petty sessions area;
	(b) the division of the area between two or more petty sessions areas; and
	(c) changing the name of the area."

(3) In section 34 of that Act (procedure relating to alteration of petty sessions areas)-

(a) in subsection (1) (consultation), after "any" insert "petty sessions",

(b) in subsection (3) (copies of proposals), for "section 33 above about any area" substitute "section 4(2) above which makes an alteration of a petty sessions area", and

(c) in subsection (4) (objections and inquiry), for "section 33 above" substitute "section 4(2) above which makes an alteration of a petty sessions area,".

Consequential provision.

54. - (1) The Lord Mayor and aldermen of the City of London shall not be justices of the peace unless appointed by the Lord Chancellor in accordance with the Justices of the Peace Act 1997.

(2) Schedule 7 (which contains other provisions consequential on sections 52 and 53) has effect.

Justices

Unification and renaming of stipendiary bench.

55. - (1) For sections 11 to 20 of the Justices of the Peace Act 1997 and the heading preceding section 11 (stipendiary magistrates and metropolitan stipendiary magistrates) substitute-

	"District Judges (Magistrates' Courts)
Appointment and tenure.	10A. - (1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person who has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) to be a District Judge (Magistrates' Courts).
	(2) The Lord Chancellor-
	(a) shall designate one of the District Judges (Magistrates' Courts) to be the Senior District Judge (Chief Magistrate); and
	(b) may designate another of them to be his deputy.
	(3) A District Judge (Magistrates' Courts) may not be removed from office except by the Lord Chancellor on the ground of incapacity or misbehaviour.
	(4) The Lord Chancellor may pay to a District Judge (Magistrates' Courts) (in addition to the salary charged on and paid out of the Consolidated Fund under section 9 of the Administration of Justice Act 1973) such allowances as he may, with the approval of the Treasury, determine.
Deputies.	10B. - (1) The Lord Chancellor may appoint any person who has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) to be a Deputy District Judge (Magistrates' Courts) for such period as the Lord Chancellor considers appropriate (but subject to subsection (2) below).
	(2) The Lord Chancellor may remove a Deputy District Judge (Magistrates' Courts) from office on the ground of incapacity or misbehaviour.
	(3) The Lord Chancellor may pay to a Deputy District Judge (Magistrates' Courts) such remuneration and allowances as he may, with the approval of the Treasury, determine.
	(4) During the period of his appointment a Deputy District Judge (Magistrates' Courts) shall act as a District Judge (Magistrates' Courts) and shall be treated for all purposes (apart from appointment, tenure, remuneration and allowances and pensions) as if he were a District Judge (Magistrates' Courts).
Status.	10C. - (1) A District Judge (Magistrates' Courts) shall by virtue of his office be a justice of the peace for every commission area.
	(2) Where any enactment makes provision defining the powers of any person or court by reference to the area for which a person is a justice of the peace, the provision shall have effect where that person is a District Judge (Magistrates' Courts) as if it defined the powers by reference to the area for which he is for the time being acting as a justice of the peace.
	(3) A District Judge (Magistrates' Courts) shall sit at such court-houses, on such days and at such times, as may be determined by, or in accordance with, directions given by the Lord Chancellor from time to time.
	(4) References in any enactment, instrument or other document to a district judge or deputy district judge do not include a District Judge (Magistrates' Courts).
Power to discharge functions exercisable by two justices.	10D. - (1) A District Judge (Magistrates' Courts), sitting in a place appointed for the purpose, shall have power-
	(a) to do any act; and
	(b) to exercise alone any jurisdiction,
	which can be done or exercised by two justices, including any act or jurisdiction expressly required to be done or exercised by justices sitting or acting in petty sessions.
	(2) Subsection (1) above does not apply where the law under which the act or jurisdiction can be done or exercised was made after 2nd August 1858 and contains express provision contrary to that subsection.
	(3) Any statutory provision auxiliary to the jurisdiction exercisable by two justices of the peace shall apply also to the jurisdiction of a District Judge (Magistrates' Courts).
	(4) Subsections (1) and (3) above do not apply where the act or jurisdiction relates to the grant or transfer of any licence.
	(5) Any authority or requirement in any enactment for persons to be summoned or to appear at petty sessions in any case shall include authority or a requirement in such a case for persons to be summoned or to appear before a District Judge (Magistrates' Courts) at the place appointed for his sitting.
	(6) Nothing in this section applies to the hearing or determination of family proceedings within the meaning of section 65 of the Magistrates' Courts Act 1980.
Disapplication of restrictions.	10E. - (1) Nothing in the Magistrates' Courts Act 1980-
	(a) requiring a magistrates' court to be composed of two or more justices or to sit in a petty sessional court-house or an occasional court-house; or
	(b) limiting the powers of a magistrates' court when composed of a single justice or when sitting elsewhere than in a petty sessional court-house,
	shall apply to any District Judge (Magistrates' Courts) sitting in a place appointed for the purpose.
	(2) Subsection (1) above does not apply to the hearing or determination of family proceedings within the meaning of section 65 of the Magistrates' Courts Act 1980."

(2) Schedule 8 (which makes amendments consequential on this section) has effect.

Justices not to sit on committal for sentence.

56. In section 74(1) of the Supreme Court Act 1981 (cases in which Crown Court is to consist of a judge sitting with justices of the peace), omit paragraph (b) (proceedings on committal for sentence).

Prepared 17 February 1999