Access to Justice Bill [H.L.] - continued        House of Lords
SCHEDULE 10, TRANSITIONAL PROVISIONS AND SAVINGS - continued

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  PART V
  MAGISTRATES AND MAGISTRATES' COURTS
 
Commission areas
     18. The first order under section 1 of the Justices of the Peace Act 1997, as substituted by section 49 of this Act, shall specify each of the areas which was a commission area immediately before the time when that section comes into force; and those areas shall continue to be commission areas from that time until the coming into force of that first order.
 
 
Petty sessions areas
     19. The first order under section 4 of the Justices of the Peace Act 1997, as substituted by section 50 of this Act, shall specify each of the areas which was a petty sessions area immediately before the time when that section comes into force; and those areas shall continue to be petty sessions areas from that time until the coming into force of that first order.
 
 
District Judges (Magistrates' Courts): appointment
     20. Any person who is a stipendiary magistrate or a metropolitan stipendiary magistrate immediately before the time when section 52 of this Act comes into force shall be treated as having been appointed to be a District Judge (Magistrates' Courts) at that time (unless he would have been required by reason of age to vacate his office at that time).
 
 
District Judges (Magistrates' Courts): pensions
     21. - (1) For the purposes specified in sub-paragraph (2), a person who-
 
 
    (a) is a stipendiary magistrate or metropolitan stipendiary magistrate immediately before the time when section 52 of this Act comes into force, and
 
    (b) is at that time a member of a judicial pension scheme constituted by the Judicial Pensions Act 1981,
  shall not be regarded as having been appointed (by virtue of paragraph 20) to be a District Judge (Magistrates' Courts) but shall instead be regarded as if he continued to be a stipendiary magistrate or metropolitan stipendiary magistrate.
 
      (2) The purposes referred to in sub-paragraph (1) are those of-
 
 
    (a) the Judicial Pensions Act 1981,
 
    (b) any scheme constituted by that Act, and
 
    (c) any enactment made by or under an Act which applies to such a scheme or to rights arising under such a scheme.
 
District Judges (Magistrates' Courts): retirement
     22. For the purposes of section 26 of and Schedule 7 to the Judicial Pensions and Retirement Act 1993 (date of retirement for holders of a relevant office immediately before the time when section 26 came into force) a person who held the office of stipendiary magistrate or metropolitan stipendiary magistrate at any time during the period beginning when section 26 came into force and ending when Schedule 8 to this Act comes into force shall be treated as having held a relevant office at that time in spite of the amendment made to Schedule 5 to the Judicial Pensions and Retirement Act 1993 by Schedule 8 to this Act.
 
 
District Judges (Magistrates' Courts): legal aid
     23. From the end of the period of two months beginning with the day on which this Act is passed until the coming into force of the repeal by this Act of section 19(5) of the Legal Aid Act 1988, that provision shall have effect as if, in the definition of "proceedings for dealing with an offender as a fugitive offender", for the words "metropolitan stipendiary magistrate" there were substituted "District Judge (Magistrates' Courts)".
 
 
Committals for sentence
     24. Section 53 of, and Part IV (3) of Schedule 11 to, this Act do not apply to any hearing of proceedings on committal to the Crown Court if those proceedings have begun before the coming into force of that section and that Part of that Schedule.
 
 
Magistrates' courts committee areas
     25. The first order under section 27A(2) of the Justices of the Peace Act 1997, as substituted by section 55 of this Act, shall specify each of the areas outside Greater London which was a magistrates' courts committee area immediately before the time when that section comes into force; and those areas shall continue to be magistrates' courts committee areas from that time until the coming into force of that first order.
 
 
Magistrates' courts committees in Greater London
     26. - (1) From the end of the period of two months beginning with the day on which this Act is passed until the coming into force of section 57 of this Act, the Justices of the Peace Act 1997 shall have continue to have effect in relation to magistrates' courts committees in Greater London without-
 
 
    (a) the amendments made by sections 55 and 56 of this Act, and
 
    (b) the repeal of sections 32 and 38(6) of that Act made by Part IV (4) of Schedule 11 to this Act,
  but subject to the modifications specified in sub-paragraphs (2) to (5).
 
      (2) Section 28 shall have effect as if-
 
 
    (a) in subsection (1), for "to (4)" there were substituted "and (3)",
 
    (b) in subsection (2), for "Not more than two other" there were substituted "Other",
 
    (c) for subsections (3) and (4) there were substituted-
 
    "(3) The inner London magistrates' courts committee shall include either-
 
 
    (a) the Senior District Judge (Chief Magistrate) and two District Judges (Magistrates' Courts) appointed by him; or
 
    (b) (if he decides not to be a member) three District Judges (Magistrates' Courts) appointed by him.", and
 
    (d) in subsection (5), for "subsections (3) and (4)" there were substituted "subsection (3)".
      (3) Section 29 shall have effect as if-
 
 
    (a) in subsection (3), for ", (3) and (4)" there were substituted "and (3)", and
 
    (b) after that subsection there were inserted-
 
    "(3A) The regulations may make provision for the payment of remuneration to members of a magistrates' courts committee co-opted or appointed under section 28(2) above."
 
      (4) Section 30 shall have effect as if the words "Subject to subsection (2) below," in subsection (1) and subsection (2) were omitted.
 
      (5) Section 38(6) shall have effect as if-
 
 
    (a) for the words "chief metropolitan stipendiary" there were substituted "Senior District Judge (Chief Magistrate) (if he is a member)", and
 
    (b) for "28(3) and (4)" there were substituted "28(3)".
 
The Greater London Magistrates' Courts Authority
     27. The Lord Chancellor may by order made by statutory instrument make provision in connection with the establishing of the Greater London Magistrates' Courts Authority, including-
 
 
    (a) provision for the transfer of property, rights and liabilities to the Authority,
 
    (b) provision for the Authority to incur liabilities before the time when it begins to act as a magistrates' courts committee, and
 
    (c) provision for the abolition of the magistrates' courts committees for areas in Greater London immediately before that time.
 
Justices' chief executives
     28. - (1) If section 61 of this Act comes into force before the repeal by this Act of Schedule 3 to the Legal Aid Act 1988, that Schedule shall have effect until that repeal comes into force subject to the modifications specified in sub-paragraphs (2) to (4).
 
      (2) Paragraphs 3(1) and (2) and 4(1) shall have effect as if for "clerk of" there were substituted "justices' chief executive for".
 
      (3) Paragraph 4(2) shall have effect-
 
 
    (a) as if for "clerk of" there were substituted "justices' chief executive for", and
 
    (b) as if the words from "and section" to the end were omitted.
      (4) Paragraph 9 shall have effect as if at the end there were inserted "; and
 
 
    (c) references to the justices' chief executive for a magistrates' court are to the justices' chief executive appointed by the magistrates' courts committee whose area includes the petty sessions area for which the court is acting."
 
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Prepared 3 December 1998