Justices of the Peace Act 1997

16Appointment, removal and retirement of metropolitan stipendiary magistrates

(1)Metropolitan stipendiary magistrates shall be appointed by Her Majesty, and Her Majesty shall from time to time appoint such number of persons as is necessary; but the number of metropolitan stipendiary magistrates shall not at any time exceed 60 or such larger number as Her Majesty may from time to time by Order in Council specify.

(2)A person shall not be qualified to be appointed a metropolitan stipendiary magistrate unless he has a 7 year general qualification (within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990).

(3)The Lord Chancellor shall designate one of the metropolitan stipendiary magistrates to be the chief metropolitan stipendiary magistrate.

(4)Each metropolitan stipendiary magistrate—

(a)shall by virtue of his office be a justice of the peace for each of the London commission areas and for the retained counties of Essex, Hertfordshire, Kent and Surrey; and

(b)may be removed from office by the Lord Chancellor for inability or misbehaviour.

(5)Section 12 above applies to metropolitan stipendiary magistrates as well as other stipendiary magistrates in England or Wales.

(6)No Order in Council shall be made under subsection (1) above unless a draft of the Order has been laid before Parliament and approved by resolution of each House.