
1 
This Order may be cited as the Local Government (Magistrates' Courts etc.) Order 1985 and shall come into operation for the purposes of Article 8 on 1st April 1986 and for all other purposes on 1st October 1985.
2 
In this Order—
 “the 1979 Act”
means the Justices of the Peace Act 1979;
 “the 1985 Act”
means the Local Government
Act 1985;
 “existing magistrates' courts
committee” means a magistrates'
courts committee under section 19(2)(c)
of the 1979 Act as in force immediately before 1st April 1986;
 “existing petty sessions area” means a petty sessions area within the
meaning of section 4(2)
of the 1979 Act as in force immediately before 1st April 1986;
 “justice”
means a justice of the peace and any reference to a
justice for a petty sessional division or petty sessions area shall be construed
as a reference to a justice who ordinarily acts, or as the case may be, will
on and after 1st April 1986 ordinarily act, in and for that division or area;
 “outer London area”
means any of the London commission areas specified in section 2(1)(b) to (e) of the
1979 Act;
 “petty sessions area” has, except where the context otherwise
requires, the same meaning as in section 4(2)(d) of the 1979 Act as amended by section 12(2) of the 1985 Act as if, as regards
a time before 1st April 1986, the said section
12 were then in force.
3 

(1) The justices who from 1st April 1986
will ordinarily act for a petty sessions area shall as soon as may be before
1st April 1986 make all such arrangements for that area as are necessary for
the purposes of enabling the magistrates' courts for the area to exercise
their jurisdiction on that date and of establishing before that date the several
committees and other bodies to which members fall to be appointed or elected
by the justices for the petty sessions area.
(2) Without prejudice to paragraph (1) of this Article, any committee
or other body to which members are appointed or elected by justices who from
1st April 1986 will ordinarily act for a petty sessions area shall as soon
as may be after being established and before 1st April 1986 make all such
arrangements as are necessary for the purpose of enabling the magistrates'
courts for the area to exercise their jurisdiction on that date and of enabling
that committee or body to exercise all their functions not later than that
date.
(3) In paragraphs
(1) and (2)
of this Article, “arrangements” include— 
(a) making appointments;

(b) holding elections;

(c) in the case of a magistrates'
courts committee—
(i) considering the desirability of, and
if necessary making recommendations under Schedule 2 to the Children and Young
Persons Act 1933 for, the formation of a combined juvenile court panel for
its petty sessions area and any other petty sessions area or areas which on
1st April 1986 will exist in the same outer London area;
(ii) considering the desirability of, and if necessary making a direction under Rule 13(1) of the Domestic Courts (Constitution) Rules 1979 (hereinafter called the 1979 Rules) for, the formation of a combined domestic court panel in respect of its petty sessions area and any other petty sessions area or areas which on 1st April 1986 will exist in the same outer London area;
(iii) considering what appointments should be made to the positions to which paragraph (8) of this article applies and what staff to enable the justices' clerk for the petty sessions area to carry out his duties should be employed and informing the Secretary of State of the results of those considerations;
but, except where the Secretary of State has agreed to a person being employed (whether by or on behalf of a magistrates' courts committee) as a member of the staff to enable the justices' clerk for the petty sessions area to carry out his duties, “arrangements” do not include employing such staff or making arrangements for such staff to be employed on behalf of a magistrates' courts committee.
(4) In paragraph (3)(a) of this Article, except where the Secretary of State has agreed to a particular appointment being made, “appointment” does not include appointment to a position to which paragraph (8) of this Article applies.
(5) For the purposes of this Article, sections 19, 20
and 22 of the 1979 Act shall
have effect subject to the amendments made by section 12(4), (5)
and (6) respectively of
the 1985 Act.
(6) For the purposes of paragraph (3)(c)(i) of this Article, Schedule 2 to the Children and Young
Persons Act 1933 shall have effect subject
to the amendment made by article 8
of and paragraph 1 of the
Schedule to this Order.
(7) Any direction made pursuant to paragraph (3)(c)(ii) of this Article shall
take effect on 1st April 1986 and the reference in Rule 13(3)(b) of the 1979 Rules to the relevant
date specified in sub-paragraph (b) of Rule 13(1) of those Rules shall, in relation to such
a direction, be treated as if it were a reference to 1st April 1986.
(8) This paragraph applies to appointments
of officers of a magistrates' courts committee and justices' clerks.
4 

(1) Where pursuant to Article 3 above an appointment is made to a
body or committee mentioned in paragraph (2) of this Article (including an appointment
of chairman of any such committee) or an election is held for the chairman
or deputy chairman of the justices in a petty sessions area, the appointment
or election shall be made or held in the prescribed manner and the person
so appointed or elected shall hold the appointment or be the chairman or deputy
chairman, as appropriate, for the prescribed period.
(2) In paragraph
(1) above the expressions “the prescribed manner” and “the prescribed period” mean, respectively— 
(a) in relation to the
election of the chairman or deputy chairman of the justices in a petty sessions
area, the manner prescribed by the Justices of the Peace (Size and Chairmanship of Bench) Rules 1964
but as if—
(i) the reference in Rule 4(5) of those Rules to the clerk to the
justices for the petty sessions area were a reference to the clerk to the
justices for any existing petty sessions area which, or part of which, is
included in the petty sessions area for which the chairman or deputy chairman
will act from 1st April 1986; and
(ii) the references in Rule 4(6), (8), (9) and (9A)
of those Rules to the clerk to the justices were references to the clerk who
prepared the ballot papers,and a period ending on 31st December 1986;

(b) in relation to the appointment
of members of the magistrates' courts committee for a petty sessions area
and the appointment of the chairman of such a committee, the manner prescribed
by the Magistrates' Courts
Committees (Constitution) Regulations 1973 and, in the case of a member of the committee, a period ending
on 30th November 1986 and, in the case of the chairman of the committee, a
period until the first meeting of the committee held on or after 1st December
1986;

(c) in relation to the appointment
of members of a juvenile court panel for a petty sessions area, the manner
prescribed by the Juvenile
Courts (Constitution) Rules 1954 and a period ending on 31st December 1988;

(d) in relation to the appointment
of members of a licensing committee for a petty sessions area, the manner
prescribed by Part I of Schedule
I to the Licensing Act 1964
and a period ending on 31st December 1986;

(e) in relation to the appointment
of a betting licensing committee for a petty sessions area, the manner prescribed
by the Betting (Licensing)
Regulations 1960 and a period ending on 31st
December 1986;

(f) in relation to the appointment
of members of a domestic court panel for a petty sessions area, the manner
prescribed by the Domestic Courts (Constitution)
Rules 1979 but as if the reference to the clerk
to the justices in Rule 4(4)
of those Rules were a reference to a clerk to the justices for any existing
petty sessions area which, or part of which, is included in the petty sessions
area for which the panel will act from 1st April 1986 and a period ending
on 31st December 1986;

(g) in relation to the appointment
of a probation liaison committee for a petty sessions area, the manner prescribed
by rules made under Schedule 3
to the Powers of Criminal Courts Act 1973
and a period ending on 31st December 1986.
(3) For the purposes of making the appointments
of members of the magistrates' courts committee of a petty sessions area in
accordance with paragraph (1)
of this Article, Regulation 2(1)
of the Magistrates' Courts Committee (Constitution) Regulations
1973 shall have effect subject to the amendment
made by Article 8 of and paragraph 5 of the Schedule to this Order.
(4) For the purposes of making the appointments
of members of a licensing committee for a petty sessions area in accordance
with paragraph (1)
of this Article, section 2
of the Licensing Act 1964
shall have effect subject to the amendment made by Article 8 of and paragraph 2
of the Schedule to this Order and the amendment to the definition of “petty sessions area” made by section 12(11)
of the 1985 Act.
5 

(1) Subject to paragraphs (2) and (3)
of this Article, the outer London borough council which will be responsible
for paying the expenses on and after 1st April 1986 of the magistrates' courts
committee for the borough shall defray any expenditure incurred before that
date by or in connection with—
(a) magistrates' courts for the petty sessions
area comprising the borough;
(b) the magistrates' courts committee for
the borough;
(c) any other body having functions in relation
to the petty sessions area and comprised wholly or mainly of justices for
that area, not being a probation committee or a probation liaison committee.
(2) Subject to paragraph (3) below of this Article, the nature
and amount of the expenditure which may be incurred in connection with the
matters set out in paragraph (1)
of this Article, other than allowances paid to a justice of the peace under section 12 of the 1979 Act or expenditure incurred
in connection with the establishment of the magistrates' courts committee,
shall be such as may from time to time be determined by the committee after
consultation with the council.
(3) If the council is aggrieved by the determination
of the magistrates' courts committee under paragraph
(2) above, it may within two weeks from the
receipt of it of written notice of the determination, appeal to the Secretary
of State, whose decision shall be binding upon the magistrates' courts committee
and the council.
(4) Section
59 of the 1979 Act shall apply in respect of
the net cost, determined in accordance with the provisions of that section,
to the council of defraying the expenditure referred to in paragraph (1) of this Article as if, as regards
the period before 1st April 1986, the council's function in defraying that
expenditure were a function of a responsible authority under Part VI of the 1979 Act and the council were
a responsible authority within subsection (6)
of the said section 59.
6 
Section 50
of the 1985 Act and section
4(2) and (3) of
the Local Government (Interim Provisions) Act 1984
shall have effect as if the existing magistrates' courts committees for each
of the outer London areas and the magistrates' courts committees for each
of the outer London boroughs were relevant authorities within the meaning
of subsection (3) of the said section 50
and for purposes of subsection (2)
of that section the staff of a magistrates' courts committee (whether or not
an existing committee) shall include a person appointed by such a committee.
7 

(1) Unless the justices for a petty sessional
division of an outer London area otherwise resolve, the election to the offices
and the appointments of or to the panel or committees to which paragraph (2) of this Article applies due,
apart from this paragraph, to be held or made in October 1985 or, in the case
of the appointments in sub-paragraph (c) of paragraph
(2) of this Article, in October, November or
December 1985 shall not take place and the persons holding the office or who
are members of or form the panel or committee at the time the election or
appointment would, apart from this paragraph, have been made shall continue
to hold office or to be members of or to form the panel or committee, as appropriate,
until immediately before 1st April 1986.
(2) This paragraph applies to—
(a) the election of the chairman and deputy
chairman of the justices in a petty sessional division of an outer London
area;
(b) the appointment of justices to form a
juvenile court panel for such a division;
(c) the appointment of members of a licensing
committee for such a division;
(d) the appointment of a betting licensing
committee for such a division.
(3) Paragraph
(1) of this Article shall apply to the appointment
of members of an existing magistrates' courts committee for an outer London
area as if the reference to a resolution of the justices for a petty sessional
division were a reference to a resolution of the magistrates for the outer
London area and paragraph (2)
of this Article applied to the appointment of members of such a committee.
(4) Unless the justices for a petty sessional
division of an outer London area otherwise resolve, the appointment of a member
of a probation liaison committee for such a division due, apart from this
paragraph, to be made before 1st April 1986 on the expiry of the appointment
of a member of the committee shall not be made and any member of the committee
whose membership, apart from this paragraph, is due to expire before that
date shall continue to be a member of the committee until immediately before
1st April 1986, save that the justices may not pass any such resolution in
respect of a member of a probation liaison committee who was appointed by
the Secretary of State to the committee.
(5) In paragraph (4) above, “appointment” includes appointment by way of being co-opted.
8 
The enactments and instruments mentioned in the Schedule to this Order shall have effect with the amendments there specified.
Douglas Hurd
One of Her Majesty's Principal Secretary of State
Home Office
5th September 1985
SCHEDULE 1
Article 8
1 
After paragraph 8 of Schedule 2 to the Children and Young Persons Act 1933 there shall be inserted the following paragraph—“
8A 
In paragraph 8 above, a reference to a county or part of a county includes a reference to an outer London area (within the meaning of section 2 of the Justices of the Peace Act 1979) or part of such an area.”.
2 
After section 2(2) of the Licensing Act 1964,
there shall be inserted the following subsection—“
(2A) In paragraph (c) of subsection (2) above, the
reference to the county justices acting for a petty sessions area includes
a reference to the justices of a London commission area (within the meaning
of section 2 of the Justices of the Peace Act 1979) who act for
a petty sessions area in that area.”.
3 
In section 57
of the Justices of the Peace Act 1979,
after subsection (1)
there shall be inserted the following subsection—“
(1A) In section 55 of this Act a reference to the county
justices is, in relation to the application of the section to an outer London
borough, to be treated as a reference to the justices of the outer London
area in which the borough is situated.”.
4 
The Petty Sessional Divisions (Review) Regulations 1952
shall be amended as follows—
(a) In Regulation
2(1)(a), for the words “the County
Council” there shall be substituted the words, “the
non-metropolitan county council or, where the draft order or report is submitted
by a committee for a metropolitan district or outer London borough, the clerk
to the metropolitan district council or outer London borough council”;
(b) In Regulation
4(a), for the words “the county
council” there shall be substituted the words, “the
non-metropolitan county council or, where the order relates to a metropolitan
district or outer London borough, the metropolitan district council or outer
London borough council”;
(c) In Regulation
5(1), for the definition of “committee”
there shall be substituted the following definition—“

 “committee”
means a magistrates' courts committee established under section 19 of the Justices of the Peace
Act 1979 acting for a non-metropolitan county,
a metropolitan district or an outer London borough;
”
5 
In Regulation 2(1) of the Magistrates' Courts Committees
(Constitution) Regulations 1973, after the
definition of “justice” there shall be inserted the following
definition—“

 “metropolitan district” includes an outer London borough;
”
6 
In Regulation 2(2) of Schedule 2 to the Justices Allowances Regulations 1976, the words “the Greater London Council” shall be omitted.