Justices of the Peace Act 1997 (c. 25)

(The document as of February, 2008)

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(a) at the time of appointment--

(i) he has a 5 year magistrates' courts qualification (within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990); or

(ii) he is a barrister or solicitor and has served for not less than five years as assistant to a justices' clerk; or

(b) he then is or has previously been a justices' clerk.

44 Terms of employment of justices' chief executives, justices' clerks and staff

(1) Except as provided by this Act, a justices' chief executive or justices' clerk--

(a) shall be employed by the magistrates' courts committee on such terms as they may determine; and

(b) shall hold and vacate office in accordance with the terms of his contract of service.

(2) A magistrates' courts committee may employ staff on such terms as they think fit.

(3) Without prejudice to the generality of subsection (1) of section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980, the power conferred by that section to make rules for regulating and prescribing the procedure and practice to be followed by justices' clerks includes power to provide that, subject to any exceptions prescribed by the rules, persons--

(a) shall not be employed to assist a justices' clerk in any capacity so prescribed; or

(b) shall not be permitted to do on behalf of a justices' clerk any such acts as may be so prescribed,

unless those persons are qualified to be appointed justices' clerk or have such other qualifications as may for any purpose be allowed by the rules or approved by the Lord Chancellor in accordance with the rules.

45 General powers and duties of justices' clerks

(1) Rules made in accordance with section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980 may (except to the extent that any enactment passed after this Act otherwise directs) make provision enabling things authorised to be done by, to or before a single justice of the peace to be done instead by, to or before a justices' clerk.

(2) Such rules may also make provision enabling things authorised to be done by, to or before a justices' clerk (whether by virtue of subsection (1) above or otherwise) to be done instead by, to or before a person appointed by a magistrates' courts committee to assist him.

(3) Any enactment (including any enactment contained in this Act) or any rule of law which--

(a) regulates the exercise of any jurisdiction or powers of justices of the peace; or

(b) relates to things done in the exercise or purported exercise of any such jurisdiction or powers,

shall apply in relation to the exercise or purported exercise of any such jurisdiction or powers by the clerk to any justices by virtue of subsection (1) above as if he were one of those justices.

(4) The functions of a justices' clerk include giving advice to the justices to whom he is clerk, at their request, about law, practice or procedure on questions arising in connection with the discharge of their functions, including questions arising when the clerk is not personally attending on them.

(5) The powers of a justices' clerk include, at any time when he thinks he should do so, bringing to the attention of those justices any point of law, practice or procedure that is or may be involved in any question so arising.

(6) For the purposes of subsections (4) and (5) above the functions of justices of the peace do not include functions as a judge of the Crown Court.

(7) Subsections (4) and (5) above--

(a) apply in relation to any of the justices to whom the justices' clerk is clerk as they apply in relation to all of them; and

(b) do not define or in any respect limit--

(i) the powers and duties of a justices' clerk; or

(ii) the matters on which justices may obtain assistance from their clerk.

46 Functions of justices' clerk as collecting officer

Without prejudice to the provisions of sections 59 and 59A of the Magistrates' Courts Act 1980 (periodical payments through justices' clerk and proceedings by the clerk etc.) or section 62 of that Act (payments required to be made to a child), a justices' clerk--

(a) shall, by virtue of his office, be collecting officer of any magistrates' court of which he is the clerk; and

(b) in that capacity shall act under any order directing the payment of money to him which was made by any court under section 30 of the [1914 c. 58.] Criminal Justice Administration Act 1914 (which provided for periodical payments under court orders to be made through an officer of the court or other third party) and which continues to have effect in accordance with the provisions of paragraph 18 of Schedule 4 to this Act.

47 Person acting as substitute clerk to justices

(1) Subject to any rules made under section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980, where a person who is not the justices' clerk (or one of the justices' clerks) for a petty sessions area acts as clerk to the justices for that petty sessions area--

(a) he shall be treated as acting as deputy to the justices' clerk; and

(b) he shall make a return to the justices' clerk of--

(i) all matters done before the justices; and

(ii) all matters that the clerk to the justices is required to register or record.

(2) Where there are two or more justices' clerks for the petty sessions area, any reference in subsection (1) above to the justices' clerk is a reference to such one of them as may be designated for the purpose by the magistrates' courts committee.

48 Independence of justices' clerk and staff in relation to legal functions

(1) When exercising the functions specified in subsection (2) below or giving advice to justices of the peace in an individual case--

(a) a justices' clerk shall not be subject to the direction of the magistrates' courts committee, the justices' chief executive or any other person; and

(b) any member of the staff of a magistrates' courts committee shall not be subject to the direction of that committee or of the justices' chief executive (when acting as such).

(2) The functions referred to in subsection (1) above are functions conferred by rules made in accordance with section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980 by virtue of section 45(1) or (2) above.

49 Appointment of justices' clerks for youth courts and family proceedings courts

(1) The inner London magistrates' courts committee shall appoint one or more justices' clerks for the youth courts and family proceedings courts for the metropolitan area.

(2) Subsections (2) to (4), (5)(b), (6) and (7) of section 42 above apply to any justices' clerk appointed under subsection (1) above as they apply to a justices' clerk for a petty sessions area, but with the substitution for any reference to the magistrates for a petty sessions area of a reference to the justices of the peace who are members of the youth court panel for the metropolitan area or (as the case may be) of a family panel for that area, other than any such justice whose name is for the time being entered on the supplemental list.

(3) In this section--

"the inner London magistrates' courts committee" means the magistrates' courts committee for an area consisting of or including the whole of the inner London area or, if there is no such committee, all the magistrates courts' committees for areas which consist of or include any part of the inner London area acting jointly; and
"the metropolitan area" means the inner London area and the City of London.

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

(1) Schedule 3 to this Act (which re-enacts certain provisions relating to the functions of the Receiver for the Metropolitan Police District with respect to pensions etc. of court staff) shall have effect.

(2) The Lord Chancellor may by order make provision with respect to pensions, allowances or gratuities payable to or in respect of inner London court staff, or any class of inner London court staff.

(3) An order under subsection (2) above may--

(a) itself make provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the order, are to be or may be paid to or in respect of inner London court staff, or any class of inner London court staff; or

(b) provide that the civil service provisions are to have effect, with such modifications as may be prescribed by the order, in relation to the payment by such persons as may be so prescribed, out of such funds as may be so prescribed, of pensions, allowances and gratuities to or in respect of inner London court staff, or any class of inner London court staff.

(4) Without prejudice to the generality of subsections (2) and (3) above, an order under subsection (2)--

(a) may include all or any of the provisions referred to in paragraphs 1 to 11 of Schedule 3 to the [1972 c. 11.] Superannuation Act 1972; and

(b) may make different provision as respects different classes of persons and different circumstances.

(5) Paragraphs 1 to 11 of Schedule 3 to the Superannuation Act 1972 shall have effect, in their application for the purposes of this section, as if references to regulations were references to an order under this section and references to the Secretary of State were references to the Lord Chancellor.

(6) Subsections (3) and (4) of section 7 of the [1971 c. 56.] Superannuation Act 1972 (which relate to increases under the Pensions (Increase) Act 1971) shall have effect in relation to an order under subsection (2) above as they have effect in relation to regulations under that section.

(7) The Lord Chancellor may by order repeal or amend any of the relevant enactments, whether or not he makes provision under subsection (2) above.

(8) An order under subsection (2) or (7) above may make such consequential, transitional, incidental or supplemental provision (including provision amending or repealing any provision of this Act or any other enactment) as the Lord Chancellor thinks necessary or expedient.

(9) Before making an order under subsection (2) or (7) above the Lord Chancellor shall consult--

(a) the inner London magistrates' courts committee;

(b) such local authorities as appear to him to be concerned;

(d) such representatives of other persons likely to be affected by the proposed order as appear to him to be appropriate.

(10) An order under subsection (2) or (7) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11) In this section--

"the civil service provisions" has the meaning given by section 15(1) of the [1967 c. 28.] Superannuation (Miscellaneous Provisions) Act 1967;
"inner London court staff" means the justices' chief executive employed by the inner London magistrates' courts committee, any justices' clerk for the inner London area and staff of the inner London magistrates' courts committee;
"the inner London magistrates' courts committee" means the magistrates' courts committee for an area consisting of or including the inner London area or, if there is no such committee, every magistrates' courts committee for any area which consists of or includes any part of the inner London area; and
"the relevant enactments" means--
(a)
Schedule 3 to this Act; and
(b)
section 15 of the [1967 c. 28.] Superannuation (Miscellaneous Provisions) Act 1967 (superannuation of metropolitan civil staffs) so far as it relates to the persons mentioned in subsection (1)(a)(ii) of that section.

Part V Protection and indemnification of justices and justices' clerks

51 Immunity for acts within jurisdiction

No action shall lie against any justice of the peace or justices' clerk in respect of any act or omission of his--

(a) in the execution of his duty--

(i) as such a justice; or

(ii) as such a clerk exercising, by virtue of any statutory provision, any of the functions of a single justice; and

(b) with respect to any matter within his jurisdiction.

52 Immunity for certain acts beyond jurisdiction

An action shall lie against any justice of the peace or justices' clerk in respect of any act or omission of his--

(a) in the purported execution of his duty--

(i) as such a justice; or

(ii) as such a clerk exercising, by virtue of any statutory provision, any of the functions of a single justice; but

(b) with respect to a matter which is not within his jurisdiction,

if, but only if, it is proved that he acted in bad faith.

53 Where action prohibited, proceedings may be set aside

If any action is brought in circumstances in which this Part of this Act provides that no action is to lie, a judge of the court in which the action is brought may, on the application of the defendant and upon an affidavit as to the facts, set aside the proceedings in the action, with or without costs, as the judge thinks fit.

54 Indemnification of justices and justices' clerks

(1) For the purposes of subsection (2) below, the following amounts are "relevant amounts" in relation to a justice of the peace or justices' clerk--

(a) any costs which he reasonably incurs--

(i) in or in connection with proceedings against him in respect of anything done or omitted in the exercise (or purported exercise) of his duty as a justice of the peace or justices' clerk; or

(ii) in taking steps to dispute any claim which might be made in such proceedings;

(b) any damages awarded against him or costs ordered to be paid by him in any such proceedings; and

and relevant amounts relate to criminal matters if the duty mentioned in paragraph (a)(i) above relates to criminal matters.

(2) Subject to the provisions of this section, a justice of the peace or justices' clerk--

(a) shall be indemnified out of local funds in respect of relevant amounts which relate to criminal matters unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith; and

(b) in respect of other relevant amounts--

(i) may be indemnified out of local funds; and

(ii) shall be so indemnified if, in respect of the matters giving rise to the proceedings or claim, he acted reasonably and in good faith.

(3) Any question whether, or to what extent, a person is to be indemnified under this section shall be determined by the magistrates' courts committee for the area for which he acted at the material time.

(4) A determination under subsection (3) above with respect to any such costs or sums as are mentioned in subsection (1)(a) or (c) above may, if the person claiming to be indemnified so requests, be made in advance before those costs are incurred or the settlement made, as the case may be.

(5) Any such determination in advance for indemnity in respect of costs to be incurred shall be subject to such limitations, if any, as the committee think proper and to the subsequent determination of the amount of the costs reasonably incurred and shall not affect any other determination which may fall to be made in connection with the proceedings or claim in question.

(6) An appeal shall lie to a person appointed for the purpose by the Lord Chancellor--

(a) on the part of the person claiming to be indemnified, from any decision of the magistrates' courts committee under subsection (3) or (4) above, other than a decision to postpone until after the conclusion of the proceedings any determination with respect to his own costs or to impose limitations on making a determination in advance for indemnity in respect of such costs;

(b) on the part of any paying authority, from any determination of the magistrates' courts committee under subsection (3) above other than a determination in advance for indemnity in respect of costs to be incurred by the person claiming to be indemnified.

(7) Where there are two or more paying authorities in relation to any justice or justices' clerk, any question as to the extent to which the funds required to indemnify him are to be provided by each authority shall be determined by agreement between those authorities and the magistrates' courts committee concerned or, in default of such agreement, shall be determined by the Lord Chancellor.

(8) The Lord Chancellor may by statutory instrument make rules prescribing the procedure to be followed in any appeal under subsection (6) above; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9) In this section--

"justices' clerk" includes any person appointed by a magistrates' courts committee to assist a justices' clerk;
"local funds", in relation to a justice or justices' clerk, means funds out of which the expenses of the magistrates' courts committee for the area for which he acted at the material time are payable; and
"paying authority", in relation to a justice or justices' clerk, means any authority which is a paying authority for the purposes of section 55 below in relation to the magistrates' courts committee for the area for which he acted at the material time.

Part VI Administrative and financial arrangements

55 Duties of local authorities

(1) Subject to the provisions of this Act, the paying authority or authorities in relation to any magistrates' courts committee shall provide the petty sessional court-houses and other accommodation, and the goods and services, proper for the performance of the functions of--

(a) the magistrates for the magistrates' courts committee area;

(b) the magistrates' courts committee;

(d) the justices' clerks for any part of the magistrates' courts committee area.

(2) Subsection (1) above shall not require the paying authority or authorities to provide any current item or class of current items if the magistrates' courts committee have notified the authority or authorities that they intend to obtain that item or class of items otherwise than from that authority or any of those authorities.

(3) For the purposes of subsection (2) above "current item" means any goods or services which are of such a kind that expenditure incurred by a paying authority on providing them would not be capital expenditure.

(4) Where there is one paying authority in relation to a magistrates' courts committee, that authority shall pay the expenses of the committee.

(5) Where there are two or more paying authorities in relation to a magistrates' courts committee, each of those authorities shall pay a proper proportion of those expenses.

(6) For the purposes of subsections (4) and (5) above the expenses of a magistrates' courts committee shall be taken to include--

(a) expenses incurred by them in obtaining goods and services which are proper for the purposes mentioned in subsection (1) above but which by virtue of subsection (2) above the paying authority or authorities are not required to provide;

(b) the sums payable under Part IV of this Act on account of a person's salary or expenses as justices' chief executive or as justices' clerk for any part of the magistrates' courts committee area, the remuneration of any staff employed by the committee and the remuneration of any court security officers employed (whether by the committee or a paying authority) under section 76(2)(a) of the [1991 c. 53.] Criminal Justice Act 1991 in relation to petty sessions areas within the magistrates' courts committee area together with--

(i) secondary Class I contributions payable in respect of any such person, staff or officers under Part I of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992; and

(ii) contributions equivalent premiums so payable under Chapter III of Part III of the [1993 c. 48.] Pension Schemes Act 1993;

(c) the sums payable under any contract entered into (whether by any such magistrates' courts committee or a paying authority) under section 76(2)(b) of the Criminal Justice Act 1991; and

(d) so far as they are not otherwise provided for, all other costs incurred, with the general or special authority of the magistrates' courts committee, by the justices for the magistrates' courts committee area.

(7) Nothing in subsection (1), (4) or (5) above requires any paying authority to incur any expenditure or make any payment which would--

(a) cause the net cost to it in any year of the matters mentioned in subsection (1) of section 57 below to exceed the amount which, in relation to that authority and that year, is for the time being determined by the Lord Chancellor under subsection (3)(b) of that section; or

(b) cause its capital expenditure in any year in pursuance of functions under this Part of this Act to exceed the amount which, in relation to that authority and that year, is for the time being determined by the Lord Chancellor under subsection (4)(b) of that section;

and in determining any such net cost as is mentioned in paragraph (a) above there shall be disregarded any such capital expenditure as is mentioned in paragraph (b) above.

(8) Subject to section 14(1) above, any accommodation provided under this section for any justice, justices' clerk or justices' chief executive may be outside the area for which the justices act and, in the case of a petty sessional court-house, shall be treated as being in that area for the purposes of the jurisdiction of the justices when acting in the court-house.

(9) Two or more paying authorities may arrange for accommodation, goods or services provided for the purposes of this section by one of them to be used also as if provided for those purposes by the other or each of the others.

(10) In this section--

"paying authority" in relation to a magistrates' courts committee, means any responsible authority whose area comprises all or part of the area to which the committee relates; and
"responsible authority" means any council of--
(a)
a county;
(b)
a county borough;
(c)
a unitary district; or
(d)
a London borough,

or the Common Council of the City of London.

56 Provisions supplementary to s. 55

(1) Subject to the provisions of this section--

(a) the petty sessional court-houses and other accommodation, goods and services to be provided by the paying authority, or each of the paying authorities, under section 55 above;

(b) the salary to be paid to a justices' clerk or justices' chief executive and to staff of a magistrates' courts committee; and

(c) the nature and amount of the expenses which a magistrates' courts committee may incur in the discharge of any functions or may authorise to be incurred,

shall be such as may from time to time be determined by the magistrates' courts committee after consultation with the paying authority or authorities.

(2) Where the expenses of a magistrates' courts committee (including any sums which, by virtue of section 55(6) above, are to be taken to be such expenses) fall to be borne by more than one paying authority, any question as to the manner in which they are to be borne by the authorities concerned shall be determined by agreement between those authorities and the magistrates' courts committee concerned or, in default of such agreement, shall be determined by the Lord Chancellor.

(3) Any paying authority which is aggrieved by a determination of a magistrates' courts committee under subsection (1) above may, within one month from the receipt by the authority of written notice of the determination, appeal to the Lord Chancellor, whose decision shall be binding upon the magistrates' courts committee and any authority concerned.

(4) The approval of the Lord Chancellor shall be required for any determination under subsection (1) above reducing the salary of a justices' clerk or justices' chief executive, unless the justices' clerk or justices' chief executive concerned consents to the reduction.

(5) In this section "paying authority" has the same meaning as in section 55 above.

57 Grants by Lord Chancellor to responsible authorities

(1) The Lord Chancellor may pay to the responsible authorities grants towards the net cost to them in any year--

(a) of their functions under this Part of this Act;

(b) of their functions under any regulations made, or having effect as if made, under section 7 or 24 of the [1972 c. 11.] Superannuation Act 1972 with respect to court staff;

(c) of their functions under any regulations having effect by virtue of paragraph 20(1)(a) or (2) of Schedule 4 to this Act; and

(d) of making payments under section 10 or 54 above;

and in determining any such net cost as is mentioned above there shall be disregarded any such capital expenditure as is mentioned in subsection (2) below.

(2) The Lord Chancellor may also pay to the responsible authorities grants towards their capital expenditure in any year in pursuance of their functions under this Part of this Act.

(3) The amount of any grant under subsection (1) above towards the net cost to a responsible authority in any year of the matters mentioned in that subsection shall not exceed 80 per cent of whichever of the following is the less--

(a) that net cost; and

(b) the amount which, in relation to the authority and that year, is for the time being determined by the Lord Chancellor.

(4) The amount of any grant under subsection (2) above towards the capital expenditure in any year of a responsible authority in pursuance of its functions under this Part of this Act shall not exceed 80 per cent of whichever of the following is the less--

(a) that capital expenditure; and

(b) the amount which, in relation to the authority and that year, is for the time being determined by the Lord Chancellor.

(5) The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations as to the manner in which--

(a) income and expenditure of responsible authorities are to be taken into account in determining the net cost to them in any year of the matters mentioned in subsection (1) above; or

(b) expenditure of such authorities is to be taken into account in determining their capital expenditure in any year in pursuance of their functions under this Part of this Act;

and for the purposes of this section any question as to that net cost or that capital expenditure shall (subject to the regulations) be determined by the Lord Chancellor.

(6) The Lord Chancellor may direct that, in determining--

(a) the net cost to a responsible authority in any year of the matters mentioned in subsection (1) above; or

(b) the capital expenditure of such an authority in any year in pursuance of its functions under this Part of this Act,

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 approval of the Treasury determine.

(8) In this section--

"court staff" means justices' chief executives, justices' clerks and staff of magistrates' courts committees;
"responsible authority" has the same meaning as in section 55 above.

58 Local authority land appropriated to magistrates' courts purposes

(1) Where on or after 1st April 1995 a responsible authority appropriate any land owned by them to magistrates' courts purposes, the authority shall be taken for the purposes of section 57(2) above to incur, in the year in which the appropriation is made, capital expenditure in pursuance of their functions under this Part of this Act of an amount equal to the open market value of the land at the time of the appropriation.

(2) In subsection (1) above--

"magistrates' courts purposes" means the purposes of being provided under section 55(1) above as a petty sessional court-house or other accommodation; and
"responsible authority" has the same meaning as in section 55 above.

59 Regulations as to accounts and audit

(1) The Lord Chancellor may by regulations made by statutory instrument require magistrates' courts committees--

(a) to keep prescribed accounts and prescribed records in relation to those accounts; and

(b) to cause any such accounts to be audited in accordance with the regulations.

(2) In subsection (1) above "prescribed" means prescribed by the regulations; and a statutory instrument containing (whether alone or with other provisions) regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

60 Application of fines and fees

(1) Subject to paragraphs (a) and (b) of section 139 of the [1980 c. 43.] Magistrates Courts Act 1980 (which relates to the disposal of sums adjudged to be paid by a summary conviction) and to the following provisions of this section, there shall be paid to the Lord Chancellor--

(a) all fines imposed by a magistrates' court and all sums which become payable by virtue of an order of such a court and are by any enactment made applicable as fines so imposed or any class or description of such fines; and

(b) all other sums received by a justices' clerk by reason of his office except--

(i) sums to which a person other than the Lord Chancellor is by law entitled and which are paid to that person; and

(ii) sums paid into court in pursuance of orders under section 35 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (compensation orders).

(2) The sums payable to the Lord Chancellor by virtue of subsection (1)(a) above do not include--

(a) any sums which by or in pursuance of any provision in the enactments relating to those sums are directed to be paid to the Commissioners of Customs and Excise or to any officer of theirs or person appointed by them;

(b) any sums which by or in pursuance of any such provision are directed to be paid--

(i) to or for the benefit of the party aggrieved, party injured or a person described in similar terms; or

(ii) to or for the benefit of the family or relatives of a person described in any such terms or of a person dying in consequence of an act or event which constituted or was the occasion of an offence;

(c) any sums which by or in pursuance of any such provision are directed to be applied in making good any default or repairing any damage or paying or reimbursing any expenses (other than those of the prosecution); or

(d) any sums which are directed to be paid to any person by or in pursuance of any such provision referring in terms to awarding or reimbursing a loss, or to damages, compensation or satisfaction for loss, damage, injury or wrong.

(3) Paragraph (b) of subsection (1) above does not apply to sums received by a justices' clerk on account of his salary or expenses as such; and any sum paid to the Lord Chancellor by virtue of that paragraph shall be paid to him subject to its being repaid to any person establishing his title to it.

(4) The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations as to the times at which, and the manner in which, justices' clerks shall account for and pay the sums payable to him under this section, and as to the keeping, inspection and audit of accounts of justices' clerks, whether for the purposes of this section or otherwise.

(5) For the purposes of this section anything done by the Crown Court on appeal from a magistrates' court shall be treated as done by the magistrates' court.

(6) In this section "fine" includes--

(a) any pecuniary penalty, pecuniary forfeiture or pecuniary compensation payable under a conviction; and

(b) any non-pecuniary forfeiture on conviction by, or under any order of, a magistrates' court so far as the forfeiture is converted into or consists of money.

61 Defaults of justices' clerks etc

The Lord Chancellor may, if he thinks fit, pay to any person any money due to that person which he has not received because of the default of a justices' clerk or of any staff of a magistrates' courts committee.

Part VII Inspection of magistrates' courts service

62 Inspectors of the magistrates' courts service

(1) The Lord Chancellor may appoint such number of inspectors of the magistrates' courts service (to be known collectively as "Her Majesty's Magistrates' Courts Service Inspectorate") as he may consider appropriate.

(2) The Lord Chancellor shall appoint one of the persons so appointed to be Her Majesty's Chief Inspector of the Magistrates' Courts Service.

(3) It shall be the duty of inspectors of the magistrates' courts service--

(a) to inspect and report to the Lord Chancellor on the organisation and administration of magistrates' courts for each magistrates' courts committee area; and

(b) to discharge such other functions in connection with the organisation and administration of magistrates' courts as the Lord Chancellor may from time to time direct.

(4) Her Majesty's Chief Inspector of the Magistrates' Courts Service shall make an annual report to the Lord Chancellor as to the discharge of the functions of the Inspectorate; and the Lord Chancellor shall, within one month of receiving the report, lay a copy of it before each House of Parliament.

(5) The Lord Chancellor shall make to or in respect of inspectors of the magistrates' courts service such payments by way of remuneration, allowances or otherwise as he may with the approval of the Treasury determine.

63 Powers of inspectors

(1) Subject to subsection (2) below, an inspector of the magistrates' courts service exercising his functions under section 62 above shall have at all reasonable times--

(a) a right of entry to any court-house or other premises occupied by a magistrates' courts committee; and

(b) a right to inspect, and take copies of, any records kept by a magistrates' courts committee, and any other documents containing information relating to the administration of the magistrates' courts for their area, which he considers relevant to the discharge of his functions.

(2) Subsection (1) above does not entitle an inspector--

(a) to be present when a magistrates' court is hearing proceedings in private; or

(b) to attend any private deliberations of the justices of the peace.

(3) The records referred to in paragraph (b) of subsection (1) above include records kept by means of a computer; and an inspector exercising the power to inspect records conferred by that subsection--

(a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and associated apparatus or material which is or has been in use in connection with the records in question; and

(b) may require--

(i) the person by whom or on whose behalf the computer is or has been so used; or

(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such reasonable assistance as he may require.

Part VIII Miscellaneous and supplementary provisions

64 Training courses

(1) It shall be the duty of every magistrates' courts committee, in accordance with arrangements approved by the Lord Chancellor, to make and administer schemes providing for training courses for justices of the peace of their area.

(2) If training courses are not provided for justices of the peace of any area as required by subsection (1) above, the Lord Chancellor may recover from the magistrates' courts committee in default any expenses which he incurs in providing training courses to make good the default.

(3) The Lord Chancellor may provide training courses for justices' clerks and for staff of magistrates' courts committees.

65 Disqualification in case of bankruptcy

(1) A person who is adjudged bankrupt shall be disqualified for being appointed or acting as a justice of the peace.

(2) Where a person is disqualified under this section, the disqualification shall cease--

(a) on his discharge from bankruptcy; or

(b) if the bankruptcy order is previously annulled, on the date of its annulment.

66 Disqualification in certain cases of justices who are members of local authorities

(1) A justice of the peace who is a member of a local authority shall not act as a member of the Crown Court or of a magistrates' court in any proceedings brought by or against, or by way of appeal from a decision of, the authority or any committee or officer of the authority.

(2) For the purposes of subsection (1) above--

(a) any reference to a committee of a local authority includes a joint committee, joint board, joint authority or other combined body of which that authority is a member or on which it is represented; and

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