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       45A            Persons discharging fines by unpaid work

 

A person does not qualify for the national minimum wage in

 

respect of any work that he does in pursuance of a work order

 

under Schedule (Discharge of fines by unpaid work) to the Courts

 

Act 2003 (discharge of fines by unpaid work).””

After Schedule 7

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Insert the following new Schedule—

 

“Transitional provisions and savings

 

Interpretation

 

  1        In this Schedule “the JPA 1997” means the Justices of the Peace Act 1997

 

(c. 25).

 

Orders contracting out the provision of officers and staff

 

  2        Any order which, immediately before section 2 comes into force, was in

 

force under section 27(3) of the Courts Act 1971 (c. 23), including, in

 

particular, any order made under section 27(3) by virtue of —

 

              (a)             section 4(7) of the Taxes Management Act 1970 (c. 9), or

 

              (b)             section 82(3) of the Value Added Tax Act 1994 (c. 23),

 

           shall have effect as if made under section 2 for the purpose of

 

discharging the Lord Chancellor’s general duty in relation to the courts

 

(and may be amended or revoked accordingly).

 

Local justice areas

 

  3        The first order under section 8 must specify as a local justice area each

 

area which was a petty sessions area immediately before the time when

 

that section comes into force.

 

Appointment and assignment of lay justices

 

  4        A person who, immediately before section 10 comes into force, was a

 

justice of the peace for a commission area under section 5 of the JPA 1997

 

shall be treated as having been—

 

              (a)             appointed under section 10(1) as a lay justice for England and

 

Wales, and

 

              (b)             assigned under section 10(2)(a) to the local justice area which—

 

                    (i)                   is specified as such in the first order under section 8, and

 

                    (ii)                  immediately before section 10 comes into force, was the

 

petty sessions area in and for which he ordinarily acted.

 

The supplemental list

 

  5       (1)      The existing supplemental list shall have effect as the supplemental list

 

required to be kept by section 12; and any name which, immediately

 

before that section comes into force, was included in that list under a


 
 

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provision listed in column 1 of the table shall be treated as having been

 

entered in the list under the provision listed in column 2—

 

Provision of the JPA 1997

Provision of this Act

 
 

Section 7(2)

Section 13(1)

 
 

Section 7(4)

Section 13(5)

 
 

Section 7(6)

Section 13(4)

 
 

          (2)      “The existing supplemental list” means the supplemental list having

 

effect under the JPA 1997 immediately before section 12 comes into force.

 

Keepers of the rolls

 

  6        A person who, immediately before section 16 comes into force, was

 

under section 25 of the JPA 1997 keeper of the rolls for a commission area

 

shall be treated as having been appointed under section 16 as keeper of

 

the rolls for each local justice area which—

 

              (a)             is specified as such in the first order under section 8, and

 

              (b)             immediately before section 16 comes into force, formed part of,

 

or consisted of, that commission area.

 

Chairman and deputy chairmen of the bench

 

  7        A person who, immediately before section 17 comes into force, was

 

under section 22 of the JPA 1997 the chairman (or a deputy chairman) of

 

the justices for a petty sessions area shall be treated as having been

 

chosen under section 17 as the chairman (or a deputy chairman) of the

 

lay justices assigned to the corresponding local justice area specified in

 

the first order under section 8.

 

Senior District Judge (Chief Magistrate)

 

  8       (1)      The person who, immediately before section 23 comes into force, was

 

under section 10A of the JPA 1997 the Senior District Judge (Chief

 

Magistrate) shall be treated as having been designated as such under

 

section 23(a).

 

          (2)      A person who, immediately before section 23 comes into force, was

 

under section 10A of the JPA 1997 the deputy of the Senior District Judge

 

(Chief Magistrate) shall be treated as having been designated as such

 

under section 23(b).

 

Justices’ clerks and assistant clerks

 

  9        A person who—

 

              (a)             immediately before section 27 comes into force, was a justices’

 

clerk for a petty sessions area (or areas), and

 

              (b)             is transferred to the Lord Chancellor’s employment by virtue of

 

paragraph 11 of Schedule 2,

 

           shall be treated as having been designated as a justices’ clerk under

 

section 27(1)(b) and assigned under section 27(3)(a) to the corresponding

 

local justice area (or areas) specified in the first order under section 8.


 
 

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  10       A person who—

 

              (a)             immediately before section 27 comes into force, was employed to

 

assist a justices’ clerk by acting as a clerk in court in proceedings

 

before a justice or justices, and

 

              (b)             is transferred to the Lord Chancellor’s employment by virtue of

 

paragraph 11 of Schedule 2,

 

           shall be treated as having been designated as an assistant to a justices’

 

clerk under section 27(5)(b).

 

  11      (1)      Any regulations made under—

 

              (a)             section 42 of the Justices of the Peace Act 1949 (c. 101)

 

(compensation in connection with Parts 2 and 3 of the 1949 Act),

 

or

 

              (b)             paragraph 16 of Schedule 3 to the Justices of the Peace Act 1968

 

(c. 69) (compensation in connection with section 1 of the 1968

 

Act),

 

                   and in force immediately before paragraph 20 of Schedule 4 to the JPA

 

1997 is repealed by this Act shall continue to have effect and may be

 

revoked or amended despite the repeal by the Justices of the Peace Act

 

1979 (c. 55) of the provisions under which they were made.

 

          (2)      The power to make amendments by virtue of sub-paragraph (1) of

 

regulations falling within paragraph (a) of that sub-paragraph shall

 

extend to making provision—

 

              (a)             for compensation to or in respect of persons falling within sub-

 

paragraph (3) to be payable if such persons suffer loss of

 

employment, or loss or diminution of emoluments, attributable

 

to anything done under Part 2;

 

              (b)             for the determination by persons other than magistrates’ courts

 

committees of claims for compensation to be made;

 

              (c)             for the payment by the Lord Chancellor of compensation payable

 

under the regulations.

 

          (3)      A person falls within this sub-paragraph if—

 

              (a)             on 2nd February 1995 he held the office of justices’ clerk or was

 

employed to assist a justices’ clerk, and

 

              (b)             is transferred to the Lord Chancellor’s employment by virtue of

 

paragraph 11 of Schedule 2.

 

          (4)      A person who under regulations made by virtue of sub-paragraph (2)(a)

 

is entitled to compensation in respect of anything done under Part 2 is

 

not entitled to compensation in respect of that thing under a scheme

 

made under section 1 of the Superannuation Act 1972 by virtue of section

 

2(2)(a) of that Act.

 

Family proceedings courts

 

  12       Any justice of the peace who, immediately before section 49 comes into

 

force, was qualified to sit as a member of a family proceedings court shall

 

be treated as having been authorised to do so by the Lord Chancellor

 

under section 67 of the 1980 Act (as substituted by section 49).

 

Youth courts

 

  13       Any justice of the peace who, immediately before section 50 comes into

 

force, was qualified to sit as a member of a youth court shall be treated


 
 

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as having been authorised to do so by the Lord Chancellor under section

 

45 of the 1933 Act (as substituted by section 50).

 

Inspectors of court administration

 

  14       Any person who, immediately before section 58 comes into force, was an

 

inspector of the magistrates’ courts service under section 62 of the JPA

 

1997 shall be treated as having been appointed as an inspector of court

 

administration under section 58(1).

 

Collection of fines and discharge of fines by unpaid work

 

  15      (1)      This paragraph applies if section (Collection of fines and discharge of fines

 

by unpaid work) and Schedule (Collection of fines) are brought into force

 

before section 8.

 

          (2)      Section (Collection of fines and discharge of fines by unpaid work) and

 

Schedule (Collection of fines) have effect in relation to the period ending

 

with the date on which section 8 comes into force as if any reference to a

 

local justice area were a reference to a petty sessions area.

 

Register of judgments and orders

 

  16       The register having effect under section 73 of the County Courts Act 1984

 

(c. 28) immediately before section 96 comes into force shall be treated as

 

part of the register required to be kept under section 96.”

Schedule 8

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Page 144, line 41, at end insert—

  

“In Schedule 2, in paragraph 19(2)(a),“or 8”.

 
  

In Schedule 2A, in paragraph 14(2)(a), “or 5”.”

 

 
 

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