OpenLegislation

Section 17 Chairman and deputy chairmen of justices.

England and Wales

(1)

In any petty sessions area there shall be a chairman and one or more deputy chairmen of the justices chosen from amongst themselves by the magistrates for the area F1; and any contested election for the purposes of this section shall be held by secret ballot.

C1(2)

Subject to F2subsections (2A) and (3) below, if the chairman or a deputy chairman of the justices for a petty sessions area is present at a meeting of those justices, he shall preside unless he requests another justice to preside in accordance with rules made under the next following section.

F3(2A)

Subsection (2) above shall not confer on any chairman or deputy chairman of the justices the right to preside in court if, under rules made under the next following section, he is ineligible to preside in court.

(3)

Subsection (2) above shall not confer on the chairman and deputy chairmen of the justices as such any right to preside in a juvenile or F4family proceedings court or at meetings of a committee or other body of justices having its own chairman, or at meetings when any stipendiary magistrate is engaged as such in administering justice.

Annotations

Textual amendments

F1

Words in s. 17(1) inserted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 2(2); S.I. 1994/2594, art.6

F2

Words in s. 17(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 2(3); S.I. 1994/2594, art.6

F3

S. 17(2A) inserted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 2(4); S.I. 1994/2594, art.6

F4

Words in S. 17(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 92(11), 108(6), Sch. 11 Pt. II para. 7(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Modifications

C1

S. 17(2) restricted by S.I. 1990/1554, rule 12

Notes on the whole Act

Textual amendments

F1

Act repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt.I (with savings in Sch. 4 Pt. II paras. 6(a), 23, 28 and saving (temp.) for ss. 58 and 70 of the repealed Act in Sch. 4 Pt. II para. 7(2)(a)

Notes on Part II

Modifications

C1

Pt. II (ss. 17-30) extended (1.11.1994 for specified purposes and 1.4.1995 for all remaining purposes) by 1994 c. 29, s. 79(2)(6); S.I. 1994/2594, art. 4; S.I. 1995/685, art. 3.