C2Part II Organisation of Functions of Justices
General provisions
17 Chairman and deputy chairmen of justices.
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 F2; and any contested election for the purposes of this section shall be held by secret ballot.
C12
Subject to F3subsections (2A) and (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.
F42A
Subsection (2) above shall not confer on any chairman or deputy chairman of the justices the right to preside in court if, under rules made under the next following section, he is ineligible to preside in court.
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 F5family 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.
P118 Rules as to chairmanship and size of bench.
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
F8c
as to courses of instruction to be completed by justices before they may preside in court;
d
as to the approval of justices, by committees of justices constituted in accordance with the rules, before they may preside in court, as to the justices who may be so approved and as to the courts to which the approval relates; and
e
as to circumstances in which a justice may preside in court even though requirements imposed by virtue of paragraph (c) or (d) above are not satisfied in relation to him.
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 F9section 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.
Pt. II (ss. 17-30) extended (1.11.1994 for specified purposes and 1.4.1995 for all remaining purposes) by 1994 c. 29, s. 79(2)(6); S.I. 1994/2594, art. 4; S.I. 1995/685, art. 3.