The Local Justice Areas Order 2007

• Citation: S.I. 2007/2284
• Sections: 10

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Local Justice Areas Order 2007.

(2) For the purposes of articles 5 and 6, and Part 1 of the Schedule to this Order, this Order shall come into force on 24 August 2007.

(3) For all other purposes this Order shall come into force on 1st January 2008.

(4) This Order extends to England and Wales.

Section 2 Interpretation

In this Order:—

“existing area” means a local justice area existing before 1st January 2008 and altered by this Order;

“new area” means a local justice area constituted by this Order;

any reference to a justice for an area shall be construed as a reference to a justice of the peace who ordinarily acts, or as the case may be, will, on or after 1st January 2008, ordinarily act, in and for that area.

Section 3 New Area

(1) The existing areas of Mendip and South Somerset are combined to become a new area named South Somerset and Mendip.

(2) Accordingly, the Schedule to the Local Justice Areas Order 2005 is amended as follows:—

(a) delete “Mendip” and “South Somerset”; and

(b) after “South Sefton District” insert “South Somerset and Mendip”.

Section 4 New Area

The consequential and transitional provisions set out in the Schedule to this Order have effect.

Section 5 Incidental Amendments

The Local Justice Areas ( No. 1) Order 2006 is amended as follows.

(1) In article 2, delete the definition of “relevant new area”.

(2) Part 1 of the Schedule is amended as follows—

(a) at the end of the heading, for “ARTICLE 3(1)” substitute “ARTICLES 3(1) and (2)”; and

(b) in paragraph 2(1), for “the new area” substitute “a new area”.

(3) In paragraph 4 of the Schedule, for “relevant new area” substitute “new area as specified by article 3(1) or article 3(2), whichever is applicable”.

Section 6 Incidental Amendments

The Local Justice Areas (No. 2) Order 2006 is amended as follows.

(1) In the Preamble, for “section 8(6)” substitute “sections 8(5A) and 8(6)”.

(2) In article 2, delete the definition of “relevant new area”.

(3) Part 1 of the Schedule is amended as follows—

(a) In the heading, for “AREAS” substitute “AREA”.

(b) In paragraph 2(3), for “a new area” substitute “the new area”.

(4) In paragraph 4 of the Schedule, delete the word “relevant” before “new area”.

Section 1

(1) The justices for the new area shall appoint or elect in the prescribed manner, so far as may be applicable, and for the prescribed term, to take office on 1st January 2008:—

(a) a chairman and one or more deputy chairmen;

(b) a Betting Licensing Committee;

(c) a Bench Training and Development Committee;

(d) a Family Training and Development Committee where so directed by the Lord Chief Justice in accordance with the provisions of the Justices of the Peace (Training and Development Committee) Rules 2007 .

(2) In sub-paragraph (1), the expressions “the prescribed manner” and “the prescribed term” mean respectively:—

(a) in relation to the election of a chairman or deputy chairman, the manner prescribed by the Justices of the Peace (Size and Chairmanship of Bench) Rules 2005 and a term ending on 31st December 2008;

(b) in relation to the appointment of a Betting Licensing Committee, the manner prescribed by the Betting (Licensing) Regulations 1960 and a term ending on 31st December 2008;

(c) in relation to the appointment of a member of a Bench Training and Development Committee, the manner prescribed by the Justices of the Peace (Training and Development Committee) Rules 2007 and a term ending for one third of the members on 31st December in the years 2008, 2009 and 2010 respectively;

(d) in relation to the appointment of a member of a Family Training and Development Committee, the manner and the term prescribed by the Justices of the Peace (Training and Development Committee) Rules 2007.

(3) In this Part of this Schedule any reference to the manner or procedure prescribed by rules or regulations for any election or appointment shall not include provisions relating to dates, times or time limits.

Section 2

(1) The persons who will be justices for the new area may hold a meeting before 1st January 2008 for the purposes set out in this Part of this Schedule and in order to prepare to assume their functions on and after that date.

(2) If a meeting is held in accordance with sub-paragraph (1) it shall be treated as if it were a meeting of the justices for the new area for the purposes of the enactments cited in this Part of this Schedule despite the fact that the new area was not at that time in existence.

(3) The persons appointed under paragraph 1(1) to serve on any committee for the new area may hold one or more meetings after the conclusion of the process of appointment but before 1st January 2008 for the purpose of preparing to assume their functions on and after that date.

Section 3

(1) Anything done by, or in relation to, the Betting Licensing Committee for an area, under:—

(a) the Betting, Gaming and Lotteries Act 1963 ; or

(b) the Gaming Act 1968

having effect before 1st January 2008 shall continue to have effect on or after that date as if this Order had not been made.

(2) The thing done shall be treated as if it had been done by, or in relation to the Betting Licensing Committee for the area in which the premises concerned are then situated; and it shall have effect accordingly.

Section 4

(1) Subject to the foregoing provisions of this Schedule any:—

(a) process issued;

(b) order made;

(c) sentence passed;

(d) appeal brought;

(e) case stated;

(f) licence granted;

(g) recognisance entered into;

(h) proceedings commenced;

(i) appointment made;

(j) direction made; or

(k) other thing done

before 1st January 2008 by, from, to or before any justices for an existing area, their clerk or any other officer of the court, shall on or after that date, be deemed to have been issued, made, passed, brought, stated, granted, entered into, commenced, done by, from, to or before those justices as justices for the new area, their clerk or any other officer of the court, as the case may be.