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Statutory Instruments
1988 No. 869 (L. 9)
MAGISTRATES' COURTS
The Domestic Courts (Constitution) (Inner London) (Amendment) Rules 1988
Made
9th May 1988
Laid before Parliament
16th May 1988
Coming into force
8th June 1988
The Lord Chancellor, in exercise of the powers conferred on him by section 144 of the Magistrates' Courts Act 1980(1), as extended by section 67 of that Act, after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules:
Citation and commencement
1. These Rules may be cited as the Domestic Courts (Constitution) (Inner London) (Amendment) Rules 1988 and shall come into force on 8th June 1988.
Combined panels
2. For rule 12 of the Domestic Courts (Constitution) (Inner London) Rules 1979(2) there shall be substituted the following-
"12.-(1) Subject to the provisions of this rule, the committee of magistrates may make a direction for the formation or dissolution of a combined panel in respect of two or more petty sessions areas in the same commission area, provided that a direction for the formation of a combined panel shall not be made in respect of a petty sessions area in which the committee of magistrates has determined under section 11(4) of the Act of 1964 that domestic proceedings shall not be heard.
(2) A direction under paragraph (1) above shall be notified forthwith to the justices for each petty sessions area specified in the direction.
(3) A direction for the formation of a combined panel shall state-
(a)the number of justices who are to serve as members of the combined panel, which shall be such as the committee of magistrates thinks sufficient for domestic courts in the petty sessions areas specified in the direction; and
(b)the number of justices to serve as members thereof who are to be provided by each area, such number, as nearly as may be, being the proportion which the number of justices for that area bears to the total number of justices for the petty sessions areas specified in the direction.
(4) The number of justices specified under paragraph (3)(a) above may at any time be increased by a further direction of the committee of magistrates which shall take effect forthwith.
(5) A direction for the formation or dissolution of a combined panel under paragraph (1) above shall take effect on 1st January in the year following the next October meeting of the justices for each of the areas concerned held in accordance with rules made under section 18 of the Justices of the Peace Act 1979(3) for the purpose of electing a chairman of the justices.
(6) (a) A combined panel formed by a direction made under paragraph (1) above shall be the panel for the petty sessions areas specified in the direction and, in relation to any such combined panel, subject to rule 12A of these Rules, these Rules shall have effect accordingly; and
(b)on the coming into effect of a direction made under this rule (other than a further direction under paragraph (4) above) any existing panel in respect of any of the petty sessions areas specified in the direction and any appointments thereto shall cease.
12A.-(1) Where a direction has been made for the formation of a combined panel under rule 12 of these Rules, the justices for each petty sessions area specified in the direction shall, at the meeting of the justices referred to in rule 12(5) of these Rules, appoint, subject to paragraph (2) below, such number of suitable justices from the petty sessions area as is specified in the direction to serve as members of the combined panel for a term commencing on 1st January in the following year and ending at the same time as will end the term of any justices for the time being appointed under rule 3(2A) of these Rules to form a panel for a petty sessions area to which these Rules apply which is not specified in a direction under the said rule 12.
(2) In relation to the appointment of justices under paragraph (1) above, rules 3(3) and (4), 4(2) and 5 of these Rules shall apply as they apply in relation to appointments under rule 3(2A).
(3) Subject to paragraph (4) below, after the first appointments to a combined panel have been made in accordance with paragraph (1) above, these Rules shall have effect in relation to the combined panel as if-
(a)in rule 3-
(i)references to appointments to a panel in paragraph (2A) of that rule were references to appointments to the combined panel of such number of justices from the petty sessions area as is specified in the direction; and
(ii)paragraph (5) thereof were omitted;
(b)for paragraph (1) of rule 4 there were substituted the following paragraph-
"(1) The members of a combined panel provided by each petty sessions area for which the panel is formed shall be appointed from amongst the justices for that area.";
(c)for paragraph (1) of rule 8 there were substituted the following paragraph-
"(1) If a vacancy occurs in the number of justices forming a combined panel or if a further direction is made under rule 12(4) of these Rules, the justices for the appropriate petty sessions area shall, as soon as may be practicable, appoint such a justice or justices as might have been appointed to the panel under rule 4 above."
(4) Where a direction is made under paragraph (1) of rule 12 of these Rules for the dissolution of a combined panel, the justices for each petty sessions area specified in the direction shall (unless the petty sessions area is also specified in a direction for the formation of a combined panel), at the meeting of the justices referred to in rule 12(5) of these Rules, appoint, in accordance with paragraph (5) below, suitable justices to form a panel for that area for a term commencing on 1st January in the following year and ending at the same time as will end the term of any justices for the time being appointed under rule 3(2A) of these Rules to form a panel for any petty sessions area to which these Rules apply which is not specified in a direction under the said rule 12.
(5) In relation to the appointment of justices under paragraph (4) above, rules 3(3), (4) and (5), and rules 4 and 5 of these Rules shall apply as they apply in relation to appointments under rule 3(2A)."
Mackay of Clashfern, C.
Dated 9th May 1988
Explanatory Note
(This note is not part of the Rules)
These Rules amend the Domestic Courts (Constitution) (Inner London) Rules 1979. Under the 1979 Rules domestic court panels are appointed for a petty sessions area every three years, but a magistrates' courts committee may make a direction for the formation or dissolution of a combined panel in respect of two or more petty sessions areas to take effect at the beginning of each three year period. These Rules enable such a direction to take effect during a current three year period of appointment, and provide that the members of a panel formed by such a direction will be appointed in the first instance until the end of the current three year period and thereafter every three years.