Search Legislation

Constitutional Reform Act 2005

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Justices of the Peace Act 1997 (c. 25)

 Help about opening options

Alternative versions:

Changes to legislation:

Constitutional Reform Act 2005, Cross Heading: Justices of the Peace Act 1997 (c. 25) is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Justices of the Peace Act 1997 (c. 25)U.K.

386(1)The Justices of the Peace Act 1997 is amended as follows.U.K.

(2)In relation to the enactments in that Act referred to below, the original amending provision is section 6(4) of the Courts Act 2003.

387(1)Section 1 (Commission areas) is amended as follows.U.K.

(2)In subsection (2) for “by the Lord Chancellor by order made by statutory instrument” substitute “ by order made by the Lord Chancellor, after consulting the Lord Chief Justice, by statutory instrument ”.

(3)After subsection (3) insert—

(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

388(1)Section 4 (petty sessions areas) is amended as follows.U.K.

(2)In subsection (2) for “by the Lord Chancellor by order made by statutory instrument” substitute “ by order made by the Lord Chancellor, after consulting the Lord Chief Justice, by statutory instrument ”.

(3)After subsection (3) insert—

(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

389U.K.In section 5 (appointment and removal of justices of the peace), in subsection (1) for “in like manner” substitute “ by the Lord Chancellor with the concurrence of the Lord Chief Justice ”.

390(1)Section 6 (residence qualification) is amended as follows.U.K.

(2)In subsection (3) for “Lord Chancellor is” substitute “ Lord Chancellor and the Lord Chief Justice are both ”.

(3)After subsection (4) insert—

(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

391U.K.In section 7 (supplemental list for England and Wales), in subsection (4)—

(a)after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”;

(b)for “Lord Chancellor is” substitute “ Lord Chancellor and the Lord Chief Justice are both ”.

392U.K.In section 8 (removal of name from supplemental list), in subsection (1) after “Lord Chancellor” insert “ , with the concurrence of the Lord Chief Justice, ”.

393(1)Section 9 (effect of entry of name in supplemental list) is amended as follows.U.K.

(2)In subsection (3) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice ”.

(3)After subsection (4) insert—

(5)The Lord Chief Justice may not give an authorisation under subsection (3) unless the Lord Chancellor concurs.

(6)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).

394U.K.In section 10A (appointment and tenure), in subsection (3) after “Lord Chancellor” insert “ , with the concurrence of the Lord Chief Justice, ”.

395U.K.In section 10B (deputies), in subsection (2) after “Lord Chancellor” insert “ , with the concurrence of the Lord Chief Justice, ”.

396(1)Section 10C (status) is amended as follows.U.K.

(2)In subsection (3) for “given by the Lord Chancellor from time to time” substitute “ given by the Lord Chief Justice from time to time after consulting the Lord Chancellor ”.

(3)After subsection (4) insert—

(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

397(1)Section 24 (rules as to chairmanship and size of bench) is amended as follows.U.K.

(2)In subsection (5) omit “by the Lord Chancellor”.

(3)After subsection (5) insert—

(6)Rules under this section that relate to the matters referred to in any of paragraphs (c) to (e) of subsection (2) are to be made by the Lord Chief Justice after consulting the Lord Chancellor.

(7)Any other rules under this section are to be made by the Lord Chancellor after consulting the Lord Chief Justice.

(8)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

398U.K.In section 25 (records of justices of the peace) after subsection (4) insert—

(5)The Lord Chancellor must consult the Lord Chief Justice before—

(a)designating a justice under subsection (1), or

(b)giving a direction under subsection (2).

(6)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

399(1)Section 26 (Greater Manchester, Merseyside and Lancashire) is amended as follows.U.K.

(2)In subsection (2)—

(a)in paragraph (a) after “Lord Chancellor” insert “ or the Lord Chief Justice ”;

(b)in paragraph (b)—

(i)after “Lord Chancellor” in the first place insert “ or the Lord Chief Justice ”;

(ii)for “the Lord Chancellor” in the second place substitute “ that person, or those persons, ”.

(3)In subsection (3)—

(a)in paragraph (a) after “Lord Chancellor” insert “ or the Lord Chief Justice ”;

(b)in paragraph (b)—

(i)after “Lord Chancellor” in the first place insert “ or the Lord Chief Justice ”;

(ii)for “the Lord Chancellor” in the second place substitute “ that person, or those persons, ”.

(4)After subsection (3) insert—

(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

400(1)Section 27A (magistrates' courts committees) is amended as follows.U.K.

(2)In subsection (2) for “by the Lord Chancellor by order made by statutory instrument” substitute “ by order made by the Lord Chancellor, after consulting the Lord Chief Justice, by statutory instrument ”.

(3)After subsection (3) insert—

(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

401(1)Section 27B (alteration of committee areas) is amended as follows.U.K.

(2)In subsection (4) before paragraph (a) insert—

(za)the Lord Chief Justice;.

(3)After subsection (10) insert—

(11)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

402(1)Section 33 (alteration of petty sessions areas) is amended as follows.U.K.

(2)In subsection (2) after “Lord Chancellor” in the first place insert “ after he has consulted the Lord Chief Justice ”.

(3)In subsection (3)—

(a)in paragraph (a) after “Lord Chancellor thinks fit” insert “ after consulting the Lord Chief Justice ”;

(b)for paragraph (b) substitute—

(b)a magistrates' court committee fail to comply within six months with a direction under subsection (2);

(bb)the Lord Chancellor is, after consulting the Lord Chief Justice, dissatisfied with the draft order or report submitted in pursuance of such a direction; or.

(4)After subsection (3) insert—

(3A)The Lord Chancellor may only make an order to which subsection (3) applies after consulting the Lord Chief Justice.

(5)In subsection (4) after “appear to the Lord Chancellor” insert “ , after consulting the Lord Chief Justice, ”.

(6)After subsection (5) insert—

(6)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

403(1)Section 53A (costs in legal proceedings) is amended as follows.U.K.

(2)In subsection (4) after “Lord Chancellor may” insert “ , after consulting the Lord Chief Justice, ”.

(3)After subsection (6) insert—

(7)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

404(1)Section 54 (indemnification of justices and justices' clerks) is amended as follows.U.K.

(2)In subsection (6) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice after consulting the Lord Chancellor ”.

(3)After subsection (9) insert—

(10)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (6).

405(1)Section 64 (training courses) is amended as follows.U.K.

(2)In subsection (1) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice after consulting the Lord Chancellor ”.

(3)After subsection (3) insert—

(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Schedule

The Whole Schedule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Schedule as a PDF

The Whole Schedule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources