Justices of the Peace Act 1997

72Interpretation

(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.