Justices of the Peace Act 1997 (c. 25)

(The document as of February, 2008)

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(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

(b) any reference to an officer of a local authority refers to a person employed or appointed by the authority, or by a committee of the authority, in the capacity in which he is employed or appointed to act.

(3) A justice of the peace who is a member of the Common Council of the City of London 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 Corporation of the City or the Common Council or any committee or officer of the Corporation or Common Council.

(4) Subsection (2) above applies for the purposes of subsection (3) above with the substitution, for references to a local authority, of references to the Corporation or the Common Council.

(5) Nothing in this section prevents a justice from acting in any proceedings by reason only of their being brought by a police officer.

(6) No act shall be invalidated by reason only of the disqualification under this section of the person acting.

(7) In this section "local authority" means--

(a) a local authority within the meaning of the [1972 c. 70.] Local Government Act 1972 or the [1973 c. 65.] Local Government (Scotland) Act 1973;

(b) a police authority established under section 3 of the [1996 c. 16.] Police Act 1996;

(d) a housing action trust established under Part III of the [1988 c. 50.] Housing Act 1988;

(e) the Broads Authority; and

(f) a National Park authority.

67 Justices not disqualified by reason of liability to local taxation

A justice of the peace may perform any act in the execution of his office as such a justice in relation to the laws concerning--

(a) rates leviable by a rating authority;

(b) community charges of a charging authority;

(d) the non-domestic rate of a special authority within the meaning of section 144(6) of the [1988 c. 41.] Local Government Finance Act 1988,

even though he is rated to or chargeable with any rates falling within paragraph (a) above or is liable, or would but for any enactment or anything provided or done under any enactment be liable, to pay an amount in respect of any charge, tax or rate falling within paragraphs (b) to (d) above in the area affected by the act in question.

68 Acts done by justices outside their commission area

(1) A justice of the peace for any commission area may act as a justice for that area in any commission area which adjoins the commission area for which he is a justice.

(2) Justices for the retained county of Surrey or the retained county of Kent may hold special or petty sessions for any division of their retained county at any place in Greater London; and for all purposes relating to sessions so held the place at which they are held shall be treated as being within the retained county and the division for which the justices holding them are justices.

69 Promissory oaths of certain justices

(1) Subject to the provisions of this section, any person who, under this Act, is a justice of the peace for any area by virtue of any other office held by him shall, before acting as such a justice, take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Acts.

(2) A person shall not be required by virtue of subsection (1) above to take those oaths as a justice of the peace by reason only of his being appointed under this Act to act temporarily as deputy for, or as if he were, the holder of another office to which that subsection applies; but those oaths may be taken by and administered to any such person despite anything in the Promissory Oaths Acts or any other enactment.

(3) A person shall not be required, on becoming a justice of the peace for any area, to take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Acts if he has at any time done so as justice of the peace for that or any other area.

(4) The oaths required by law to be taken by a metropolitan stipendiary magistrate may, in the case of a person authorised to act as such under section 19 above, be taken before any of the metropolitan stipendiary magistrates.

(5) In this section "the Promissory Oaths Acts" means the [1868 c. 72.] Promissory Oaths Act 1868 and the [1871 c. 48.] Promissory Oaths Act 1871.

70 Application of enactments to the City of London

(1) Subject to the provisions of sections 21, 23, 25(3), 33(5) and 35(3) above, in any enactment relating to justices of the peace, magistrates' courts, justices' clerks or matters connected therewith (including, except to the extent that it otherwise expressly provides, any such enactment passed after the passing of this Act)--

(a) any reference to a county or to county justices shall be taken to include the City of London or justices for the City; and

(b) any reference to a county council shall be taken to include the Corporation of the City acting through the Common Council, and references to a county fund shall be taken to include the City fund;

but in any such enactment which refers in the same context both to a non-metropolitan county and to a metropolitan district, the reference to a non-metropolitan county shall be taken to include the City.

(2) Where any such enactment (including any enactment contained in this Act) expressly refers in the same context both--

(a) to a county or non-metropolitan county or to justices or magistrates for a county or non-metropolitan county; and

(b) to the City or to justices or magistrates for the City,

the operation of that enactment shall not be affected by, and shall be without prejudice to the generality of, subsection (1) above.

71 Isles of Scilly

For the purposes of this Act the Isles of Scilly shall be treated as forming part of the county and the retained county of Cornwall.

72 Interpretation

(1) In this Act, except to the extent that the context otherwise requires--

"capital expenditure" means expenditure for capital purposes (construed in accordance with section 40 of the [1989 c. 42.] Local Government and Housing Act 1989);
"commission area" has the meaning given by section 1 above;
"justices' clerk" means a clerk to the justices for a petty sessions area;
"London commission areas", "inner London area" and "outer London areas" have the meanings given by section 2 above;
"magistrate"--
(a)
in relation to a commission area, means a justice of the peace for the commission area, other than a justice whose name is for the time being entered in the supplemental list;
(b)
in relation to a part of a commission area, means a person who (in accordance with paragraph (a) of this definition) is a magistrate for that area and ordinarily acts in and for that part of it; and
(c)
in relation to a magistrates' courts committee area, means a person who (in accordance with paragraphs (a) and (b) of this definition) is a magistrate for that area or any part of that area;
"magistrates' courts committee area" means the area to which a magistrates' courts committee relates;
"officer" includes the holder of any place, situation or employment, and "office" shall be construed accordingly;
"petty sessional court-house" means--
(a)
a court-house or place at which justices are accustomed to assemble for holding special or petty sessions or for the time being appointed as a substitute for such a court-house or place (including, where justices are accustomed to assemble for either special or petty sessions at more than one court-house or place in a petty sessional division, any such court-house or place); or
(b)
a court-house or place at which a stipendiary magistrate is authorised by law to do alone any act authorised to be done by more than one justice of the peace:
"petty sessions area" has the meaning given by section 4 above;
"preserved county" has the meaning given by section 64 of the [1994 c. 19.] Local Government (Wales) Act 1994;
"retained county"--
(a)
in relation to England, means the area of a non-metropolitan county created by Part I of the [1972 c. 70.] Local Government Act 1972, as it stood immediately before 1st April 1995; and
(b)
in relation to Wales, means preserved county;
"stipendiary magistrate" includes a metropolitan stipendiary magistrate;
"the supplemental list" has the meaning given by section 7 above; and
"unitary district" means a district comprised in an area for which there is no county council.

(2) Any reference in this Act to a retained county by name, where the name is that of a non-metropolitan county in England, is a reference to that county as it stood immediately before 1st April 1995.

73 Transitional provisions, consequential amendments and repeals

(1) The transitional provisions and savings in Schedule 4 to this Act shall have effect.

(2) The enactments and instruments mentioned in Schedule 5 to this Act shall be amended in accordance with that Schedule.

(3) The enactments mentioned in Schedule 6 to this Act shall be repealed, and the instruments mentioned in that Schedule shall be revoked, to the extent specified in the third column of that Schedule.

74 Commencement

(1) Subject to--

(a) subsection (2) below; and

(b) paragraphs 7(2)(f) and 8 of Schedule 4 to this Act,

this Act shall come into force at the end of the period of three months beginning with the day on which it is passed (and any reference in this Act to the commencement of this Act is a reference to its coming into force at the end of that period).

(2) If section 82 of and Schedule 7 to the [1994 c. 29.] Police and Magistrates' Courts Act 1994 have not come into force before the commencement of this Act, then section 50 of and Schedule 3 to this Act shall come into force on the relevant commencement date.

(3) In subsection (2) above "relevant commencement date" means--

(a) if before the commencement of this Act a date on or after the date of that commencement has been appointed by an order under section 94 of the Police and Magistrates' Courts Act 1994 (commencement and transitional provisions) as the date on which section 82 of and Schedule 7 to that Act are to come into force, the date so appointed; and

(b) otherwise, such date as the Lord Chancellor may by order appoint.

(4) Subsections (4), (5), (7) and (8) of section 94 of the Police and Magistrates' Courts Act 1994 shall apply to an order under subsection (3)(b) above as they would apply to an order under subsection (2) of that section.

75 Short title and extent

(1) This Act may be cited as the Justices of the Peace Act 1997.

(2) Subject to subsections (3) and (4) below, any amendment, repeal or revocation contained in Schedule 5 or 6 to this Act has the same extent as the provision it amends, repeals or revokes.

(3) In Schedule 5 to this Act--

(a) paragraphs 2 and 5 extend to England and Wales only; and

(b) paragraph 9 extends to the United Kingdom.

(4) In Schedule 6 to this Act, the repeal of section 70 of the [1996 c. 25.] Criminal Procedure and Investigations Act 1996 extends to England and Wales only.

(5) Subject to subsections (2) to (4) above, this Act extends to England and Wales only.

SCHEDULES

Section 1.

SCHEDULE 1 Commission areas in Wales

Name	Area
Gwent commission area (or, in Welsh, ardal comisiwn Gwent)	The preserved county of Gwent, together with so much of the preserved county of Mid Glamorgan as falls within the county borough of Caerphilly.
South Wales commission area (or, in Welsh, ardal comisiwn De Cymru)	The preserved counties of Mid Glamorgan and South Glamorgan, but excluding so much of the preserved county of Mid Glamorgan as falls within the county borough of Caerphilly.

Section 2.

SCHEDULE 2 London commission areas

Part I Inner London area

Name	Area
Inner London area	The inner London boroughs

Part II Outer London areas

Name	Area
North-east London area	The London boroughs of Barking, Havering, Newham, Redbridge and Waltham Forest.
South-east London area	The London boroughs of Bexley, Bromley and Croydon.
South-west London area	The London boroughs of Kingston upon Thames, Merton, Richmond upon Thames and Sutton.
Middlesex area	The London boroughs of Barnet, Brent, Ealing, Enfield, Haringey, Harrow, Hillingdon and Hounslow.

Section 50.

SCHEDULE 3 Continuing functions of Receiver for the Metropolitan Police District in relation to pensions etc. of court staff

1 In this Schedule--

"the committee of magistrates" means the committee which until 1st April 1995 existed for the inner London area under section 35 of the Justices of the [1979 c. 55.] Peace Act 1979;
"court staff" has the same meaning as in section 57 of this Act;
"the inner London magistrates' courts committee" has the same meaning as in section 50 of this Act;
"the Receiver" means the Receiver for the Metropolitan Police District; and
"responsible authority" has the same meaning as in section 55 of this Act.

2 The Receiver shall pay out of the metropolitan police fund any superannuation benefits payable in respect of justices' clerks and other officers employed by the committee of magistrates or the inner London magistrates' courts committee under any enactment or instrument applied to those clerks or other officers by regulations having effect in accordance with section 15(9) of the [1967 c. 28.] Superannuation (Miscellaneous Provisions) Act 1967, other than benefits payable by the London Residuary Body, and any superannuation contributions and other payments for which the inner London magistrates' courts committee may be liable as their employer under any such enactment or instrument.

3 Nothing in paragraph 2 above shall require the Receiver to incur any expenditure or make any payment which would cause the net cost to him in any year of the matters mentioned in paragraph 4 below to exceed the amount which, in relation to that year, is for the time being determined by the Lord Chancellor under paragraph 5(b) below.

4 The Lord Chancellor may out of money provided by Parliament pay to the Receiver grants towards the net cost to the Receiver in any year--

(a) of the Receiver's functions under paragraph 2 above; and

(b) of the Receiver's functions corresponding to those of responsible authorities under regulations made, or having effect as if made, under section 7 of the [1972 c. 11.] Superannuation Act 1972 with respect to court staff.

5 The amount of any grant under paragraph 4 above towards the net cost to the Receiver in any year of the matters mentioned in that paragraph shall not exceed 80 per cent of whichever of the following is the less, namely--

(a) that net cost; and

(b) the amount which, in relation to that year, is for the time being determined for the purposes of this paragraph by the Lord Chancellor.

6 In subsections (5), (6) and (7) of section 57 of this Act (grants by Lord Chancellor to responsible authorities)--

(a) references to that section include references to this Schedule; and

(b) references to the matters mentioned in subsection (1) of that section include references to the matters mentioned in paragraph 4 above.

Section 73(1).

SCHEDULE 4 Transitional provisions and savings

Part I General provisions

Continuity of the law

1 (1) The repeal (or revocation) and re-enactment of provisions by this Act does not affect the continuity of the law.

(2) Any subordinate legislation made or other thing done, or having effect as if made or done, under or for the purposes of any provision repealed (or revoked) and re-enacted by this Act shall, if in force or effective immediately before the commencement of the corresponding provision of this Act, have effect thereafter as if made or done under or for the purposes of that corresponding provision.

(3) Any reference (express or implied) in this Act or any other enactment or in any instrument or document--

(a) to any provision of this Act; or

(b) to things done or falling to be done under or for the purposes of any provision of this Act,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision repealed (or revoked) by this Act had effect, a reference--

(i) to that corresponding provision; or

(ii) to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

(4) Any reference (express or implied) in any enactment or in any instrument or document--

(a) to any provision repealed (or revoked) and re-enacted by this Act; or

(b) to things done or falling to be done under or for the purposes of any such provision,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference--

(i) to that corresponding provision; or

(ii) to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

(5) Without prejudice to the generality of sub-paragraph (4) above, where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.

(6) Sub-paragraphs (1) to (5) above have effect instead of section 17(2) of the [1978 c. 30.] Interpretation Act 1978 (but are without prejudice to any other provision of that Act).

General saving for old transitional provisions and savings

2 The repeal (or revocation) by this Act of any transitional provision or saving relating to the coming into force of a provision reproduced in this Act does not affect the operation of the transitional provision or saving in so far as it is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act or otherwise.

3 The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

Use of existing forms, etc.

4 Any reference to an enactment repealed (or revoked) by this Act which is contained in a document made, served or issued on or after the commencement of that repeal (or revocation) shall be construed, except so far as a contrary intention appears, as a reference or, as the context may require, as including a reference to the corresponding provision of this Act.

Part II Provisions relating to particular enactments

Interpretation

5 In this Part of this Schedule--

(a) the "1979 Act" means the Justices of the [1979 c. 55.] Peace Act 1979;

(b) the "1994 Act" means the [1994 c. 29.] Police and Magistrates' Courts Act 1994; and

Petty sessions areas

6 The repeal by this Act of--

(a) paragraph 9 of Schedule 1 to the 1979 Act (saving for petty sessional divisions); or

(b) section 91(3) of the 1994 Act (saving for petty sessional divisions of inner London area),

does not affect the continued existence of any petty sessions area.

Inner London area

7 (1) If section 83(1) of the 1994 Act (administrative and financial arrangements for magistrates' courts) has not come into force in relation to the inner London area before the commencement of this Act then, until the relevant commencement date, sections 55 and 56 of this Act shall not apply in relation to that area.

(2) If section 83(2) of the 1994 Act (repeal of sections 57 and 58 of 1979 Act), so far as it relates to section 58 of the 1979 Act (duties of Receiver in relation to inner London area), and the repeal of section 58 of the 1979 Act by Part II of Schedule 9 to the 1994 Act have not come into force before the commencement of this Act then, until the relevant commencement date--

(a) notwithstanding the repeal of the 1979 Act by this Act--

(i) section 58 of the 1979 Act shall continue to have effect; and

(ii) section 70 of the 1979 Act (interpretation) shall continue to have effect for the purpose of interpreting section 58 of that Act;

(b) section 54 of this Act shall have effect as if the Receiver for the Metropolitan Police District were the paying authority for the purposes of that section in respect of a justice or justices' clerk acting for the inner London area;

(c) any reference in any enactment to Part VI of this Act (including the reference in section 57(1)(a) of this Act) shall have effect as if it included a reference to section 58 of the 1979 Act;

(d) the Receiver for the Metropolitan Police District shall be--

(i) the paying authority and the responsible authority for the purposes of section 82 of the [1988 c. 53.] Road Traffic Offenders Act 1988 (accounting for fixed penalties); and

(ii) the paying authority for the purposes of section 76 of the [1991 c. 53.] Criminal Justice Act 1991 (provision of court security officers)

in relation to the magistrates' courts committee for the inner London area;

(e) the provisions of subsections (3) and (4) of section 76 of the Criminal Justice Act 1991 shall not apply in relation to the magistrates' courts committee for the inner London area; and

(f) the repeals by this Act of--

(i) section 60(6) of the [1985 c. 51.] Local Government Act 1985;

(ii) paragraph 7 of Schedule 11 to the [1989 c. 41.] Children Act 1989, so far as that repeal relates to paragraph (c) of that paragraph; and

(iii) paragraph 40(2)(k) of Schedule 11 to the Criminal Justice Act 1991,

shall not come into force.

(3) If paragraph 1 of Schedule 8 to the 1994 Act has not come into force before the commencement of this Act then, until the relevant commencement date, section 10 of this Act shall have effect--

(a) as if in subsection (7), after paragraph (a), there were inserted--

" (aa) in relation to a justice for the inner London area, the Receiver for the Metropolitan Police District; " ; and

(b) with the omission of subsections (8)(a) and (9).

(4) If paragraph 19(3) of Schedule 8 to the 1994 Act has not come into force in relation to the inner London area before the commencement of this Act then, until the relevant commencement date, section 57 of this Act shall have effect in relation to the inner London area as if the Receiver for the Metropolitan Police District were the responsible authority for the purposes of that section.

(5) If paragraph 23 of Schedule 8 to the 1994 Act has not come into force before the commencement of this Act then, until the relevant commencement date, paragraph 27(2) below shall have effect as if the reference to sections 55 and 56 of this Act included a reference to section 58 of the 1979 Act.

(6) If the repeal by Part II of Schedule 9 to the 1994 Act of words in section 59(1)(b) of the 1979 Act has not come into force before the commencement of this Act then, until the relevant commencement date, section 57 of this Act shall have effect as if, at the end of subsection (1)(b), there were inserted the words "or, in the case of the Receiver for the Metropolitan Police District, his corresponding functions".

(7) "Relevant commencement date", in relation to any of sub-paragraphs (1) to (6) above, means--

(a) if before the commencement of this Act a date on or after the date of that commencement has been appointed by an order under section 94 of the 1994 Act (commencement and transitional provisions) as the date on which the provision (or provisions) of the 1994 Act mentioned in that sub-paragraph is (or are) to come into force (or is to come into force in relation to the area, or for the purpose, so mentioned), the date so appointed; and

(b) otherwise, such date as the Lord Chancellor may by order appoint.

(8) Subsections (4), (5), (7) and (8) of section 94 of the 1994 Act shall apply to an order under sub-paragraph (7)(b) above as they would apply to an order under subsection (2) of that section.

8 (1) If paragraph 24 of Schedule 8 to the 1994 Act has not come into force before the commencement of this Act, then paragraph 4 of Schedule 5 to this Act shall not come into force until immediately after that provision of the 1994 Act has come into force.

(2) If paragraph 35 of Schedule 8 to the 1994 Act has not come into force before the commencement of this Act, then paragraph 30(a) of Schedule 5 to this Act shall not come into force until immediately after that provision of the 1994 Act has come into force.

9 The committee established for the purposes of section 34A of the 1979 Act (division of work in inner London area) shall after the commencement of this Act continue in existence as the committee established for the purposes of section 20 of this Act and each person who immediately before the commencement of this Act holds office as a member of the committee shall continue to hold office as a member until the expiry of the period for which he was appointed under section 34A(3) of the 1979 Act.

10 Subject to any order made under section 32 of this Act--

(a) any reference in any document to the committee of magistrates shall have effect, in relation to any time on or after 1 April 1995, as a reference to the magistrates' courts committee for the inner London area; and

(b) without prejudice to the generality of paragraph 1 above or 13 below, the body corporate formerly constituted under section 35 of the 1979 Act (committee of magistrates for inner London area) which, by virtue of section 79(2) of the 1994 Act (savings), is the magistrates' courts committee for that area shall continue to be that magistrates' courts committee.

11 (1) Sub-paragraph (2) below applies to any person who, immediately before the commencement of this Act is treated by virtue of section 80(2) or (3) of the 1994 Act (abolition of offices of principal chief clerk and chief clerk: savings) as having been appointed by the magistrates' courts committee for the inner London area--

(a) under section 24D of the 1979 Act, as justices' chief executive; or

(b) as a justices' clerk--

(i) under section 25 of that Act, for any petty sessional division of the inner London area; or

(ii) under section 34B of that Act, for the youth courts or family proceedings courts for that area and the City of London.

(2) Subject to section 42(5) to (7) of this Act, any person to whom this sub-paragraph applies shall hold and vacate office--

(a) in accordance with the terms of his appointment; or

(b) if he has entered into a contract of service, in accordance with the terms of his contract of service.

(3) Where, immediately before the commencement of this Act, a person is employed under a contract of service to which subsection (5) of section 80 of the 1994 Act (abolition of offices of senior deputy chief clerk and deputy chief clerk: savings for contract of service) applies--

(a) the repeal by this Act of that subsection shall not affect the continuation of that person's contract of service;

(b) he shall not be dismissed from his employment without the approval of the Lord Chancellor; and

(4) Any reference in any instrument or document to the chief clerk for any petty sessional division of the inner London area or for the youth courts or family proceedings courts for that area and the City of London shall have effect, in relation to any time on or after 1st April 1995, as a reference to the justices' clerk for that petty sessional division or, as the case may be, for those courts.

Stipendiary magistrates

12 (1) This paragraph applies where immediately before the commencement of this Act a stipendiary magistrate who holds office in any commission area or commission areas is treated by virtue of paragraph 7(b) of Schedule 1 to the 1979 Act (stipendiary magistrates appointed under section 29 of the Justices of the [1949 c. 101.] Peace Act 1949 who held office immediately before 1st April 1974) as having been appointed under section 13 of the 1979 Act.

(2) The stipendiary magistrate shall continue to hold office in that commission area or those commission areas as if appointed under section 11 of this Act.

(3) His salary shall not be less than that payable to him immediately before 1st April 1974.

(4) For the purposes of section 12 of this Act he shall be treated as having been appointed on the date on which he was appointed to the office which he held immediately before 1st April 1974.

(5) Sub-paragraph (2) above is without prejudice to the generality of paragraph 1(2) above.

Magistrates' courts committees

13 Any magistrates' courts committee which was set up in accordance with the provisions of Part II of the 1979 Act for any area and is in existence immediately before the commencement of this Act shall after that commencement be treated as having been set up in accordance with the provisions of Part III of this Act as the magistrates' courts committee for that area.

14 Without prejudice to the generality of paragraph 1(2) above, the repeal by this Act of section 69 of the 1994 Act does not affect the continued operation of any order made under that section before the commencement of this Act.

Justices' chief executives

15 (1) If, before the commencement of this Act, section 75 of the 1994 Act has not come into force, so far as it inserts section 24D(5) in the 1979 Act, in relation to the appointment of a justices' chief executive by the magistrates' courts committee for Hampshire, Kent or Lincolnshire, then, until the relevant commencement date, section 40 of this Act shall have effect in relation to such an appointment with the omission of subsection (5).

(2) In sub-paragraph (1) above, "relevant commencement date" means, in relation to such an appointment--

(a) if before the commencement of this Act a date on or after the date of that commencement has been appointed by an order under section 94 of the 1994 Act (commencement and transitional provisions) as the date on which section 75 of that Act, so far as it inserts section 24D(5) in the 1979 Act, is to come into force in relation to such an appointment, the date so appointed; and

(b) otherwise, such date as the Lord Chancellor may by order appoint.

(3) Subsections (4), (5), (7) and (8) of section 94 of the 1994 Act shall apply to an order under sub-paragraph (2)(b) above as they would apply to an order under subsection (2) of that section.

(4) The references to Hampshire, Kent and Lincolnshire in sub-paragraph (1) above are to those counties as they stood on 1st April 1995.

16 A person who, immediately before the commencement of this Act, continues to hold office as clerk to a magistrates' courts committee by virtue of Article 6(1) of the [S.I. 1995/685.] Police and Magistrates' Courts Act 1994 (Commencement No. 8 and Transitional Provisions) Order 1995 may continue in that appointment until the magistrates' courts committee have appointed a justices' chief executive in accordance with section 40(1) of this Act.

Justices' clerks etc.

17 (1) Section 44(1) of this Act shall not have effect in relation to any person appointed by a magistrates' courts committee before 1st April 1995 as justices' clerk for a petty sessions area so long as he--

(a) continues to hold office as a justices' clerk for that area or for any one or more petty sessions areas including any part of that area; and

(b) has not entered into a contract of service on or after that date.

(2) Any justices' clerk in relation to whom, by virtue of sub-paragraph (1) above, section 44(1) of this Act does not have effect shall hold office during the pleasure of the magistrates' courts committee concerned.

(3) Any such justices' clerk shall be paid a salary for his personal remuneration, and the salary shall be taken to be remuneration for all business which he may by reason of his office as justices' clerk be called upon to perform, other than any duties as secretary to a licensing planning committee under Part VII of the [1964 c. 26.] Licensing Act 1964.

(4) Any such justices' clerk may be paid a single salary in respect of two or more clerkships.

(5) Any such justices' clerk shall, in addition to his salary, be paid the amount of any expenses of a description specified when his salary is determined, being expenses incurred by him with the general or special authority of the magistrates' courts committee.

18 Any order made before 1st April 1953 under--

(a) section 30 of the [1914 c. 58.] Criminal Justice Administration Act 1914; or

(b) section 1 of the [1914 c. 6 (4 & 5 Geo. 6).] Affiliation Orders Act 1914,

which is in force immediately before the commencement of this Act and, by virtue of paragraph 14 of Schedule 1 to the 1979 Act, has effect as if it required payments under it to be made to a justices' clerk in his capacity as collecting officer of a magistrates' court shall, so long as the order remains in force, continue to have that effect by virtue of this paragraph.

19 So far as, immediately before the commencement of this Act--

(a) section 23(7) of the Justices of the [1949 c. 101.] Peace Act 1949 (terms and conditions of employment of persons transferred to magistrates' courts committee on 1st April 1953); or

(b) paragraph 15 of Schedule 3 to the Justices of the [1968 c. 69.] Peace Act 1968 (terms and conditions of employment of persons transferred to certain magistrates' courts committees on 10th November 1969),

has effect in relation to any person by virtue of paragraph 11 or 12 of Schedule 1 to the 1979 Act, it shall continue to have effect in relation to him.

20 (1) Any regulations made under--

(a) section 42 of the Justices of the Peace Act 1949 (compensation in connection with Parts II and III of that Act); or

(b) paragraph 16 of Schedule 3 to the Justices of the Peace Act 1968 (compensation in connection with section 1 of that Act),

which are in force immediately before the commencement of this Act by virtue of paragraph 13 of Schedule 1 to the 1979 Act shall continue to have effect and may be revoked or varied notwithstanding the repeal by the 1979 Act of the provisions under which they were made.

(2) The reference in sub-paragraph (1)(a) above to section 42 of the Justices of the Peace Act 1949 includes a reference to that section as extended by section 32 of the [1964 c. 42.] Administration of Justice Act 1964 (extension for persons not qualified at date of enactment of the Justices of the Peace Act 1949).

(3) The functions of a responsible authority mentioned in paragraphs (b) and (c) of section 57(1) of this Act do not include their functions in respect of decisions made by a determining authority before 3rd February 1995 under the Justices of the [S.I. 1978/1682.] Peace Act 1949 (Compensation) Regulations 1978.

Immunity and indemnification of justices and justices' clerks

21 Subject to paragraphs 22 and 23 below, the provisions of Part V of this Act shall have effect in relation to anything done, or omitted, before the commencement of this Act as they would have effect in relation to any corresponding thing done, or omitted, after the commencement of this Act.

22 The repeal by this Act of the 1979 Act is subject to paragraph 16(1) of Schedule 19 to the [1990 c. 41.] Courts and Legal Services Act 1990 (1979 Act to continue to apply in relation to matters arising before 1st January 1991 as if section 108 of that Act of 1990 (liability of magistrates for damages and costs) had not been enacted).

23 In section 54(2) of this Act--

(a) paragraph (a) shall have effect only in relation to things done or omitted on or after 1st October 1996; and

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