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Justices of the Peace Act 1979 (repealed 19.6.1997)
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- 1979 c. 55
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Version Superseded: 01/11/1994
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There are currently no known outstanding effects for the Justices of the Peace Act 1979 (repealed 19.6.1997), Cross Heading: General provisions.
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General provisionsE+W
17 Chairman and deputy chairmen of justices.E+W
(1)In any petty sessions area there shall be a chairman and one or more deputy chairmen of the justices chosen from amongst themselves by the magistrates for the area by secret ballot.
(2)Subject to subsection (3) below, if the chairman or a deputy chairman of the justices for a petty sessions area is present at a meeting of those justices, he shall preside unless he requests another justice to preside in accordance with rules made under the next following section.
(3)Subsection (2) above shall not confer on the chairman and deputy chairmen of the justices as such any right to preside in a juvenile or [F1family proceedings court] or at meetings of a committee or other body of justices having its own chairman, or at meetings when any stipendiary magistrate is engaged as such in administering justice.
Textual Amendments
F1Words in S. 17(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92(11), 108(6), Sch. 11 Pt. II para. 7(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
Modifications etc. (not altering text)
C1S. 17(2) restricted by S.I. 1990/1554, rule 12
18 Rules as to chairmanship and size of bench.E+W
(1)The number of justices (other than metropolitan stipendiary magistrates) sitting to deal with a case as a magistrates’ court shall not be greater than the number prescribed by rules made under this section.
(2)Rules made under this section may make provision as to the manner in which section 17 of this Act and this section are to be administered, and in particular—
(a)as to the arrangements to be made for securing the presence on the bench of enough, but not more than enough, justices;
(b)as to the term of office and the procedure at an election of the chairman or a deputy chairman of the justices in a petty sessions area, and the number of deputy chairmen to be elected in any such area; and
(c)as to the justices whom a chairman or deputy chairman of justices may request to preside at a meeting.
(3)The right of magistrates to vote at an election of the chairman or a deputy chairman of the justices in a petty sessions area may, by rules made under this section, be restricted with a view to securing that the election is made by magistrates experienced as such in the area.
(4)No rules shall be made under this section except on the advice of, or after consultation with, the rule committee established under [F2section 144 of the Magistrates’ Courts Act 1980].
(5)Rules under this section shall be made by the Lord Chancellor by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subordinate Legislation Made
P1S. 18: power exercised by S.I.1991/1966.
Textual Amendments
F2Words substituted by Magistrates' Courts Act 1980 (c.43, SIF 82), s. 154(1), Sch. 7 para. 192
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