Section 18 Rules as to chairmanship and size of bench.P1

England and Wales

(1)

The number of justices (other than metropolitan stipendiary magistrates) sitting to deal with a case as a magistrates’ court shall not be greater than the number prescribed by rules made under this section.

(2)

Rules made under this section may make provision as to the manner in which section 17 of this Act and this section are to be administered, and in particular—

(a)

as to the arrangements to be made for securing the presence on the bench of enough, but not more than enough, justices;

(b)

as to the term of office and the procedure at an election of the chairman or a deputy chairman of the justices in a petty sessions area F1(including any procedure for nominating candidates at any such election), and the number of deputy chairmen to be elected in any such area; F2. . .

F3(c)

as to courses of instruction to be completed by justices before they may preside in court;

(d)

as to the approval of justices, by committees of justices constituted in accordance with the rules, before they may preside in court, as to the justices who may be so approved and as to the courts to which the approval relates; and

(e)

as to circumstances in which a justice may preside in court even though requirements imposed by virtue of paragraph (c) or (d) above are not satisfied in relation to him.

(3)

The right of magistrates to vote at an election of the chairman or a deputy chairman of the justices in a petty sessions area may, by rules made under this section, be restricted with a view to securing that the election is made by magistrates experienced as such in the area.

(4)

No rules shall be made under this section except on the advice of, or after consultation with, the rule committee established under F4section 144 of the Magistrates’ Courts Act 1980.

(5)

Rules under this section shall be made by the Lord Chancellor by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1: Words in s. 18(2)(b) inserted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 3(a); S.I. 1994/2594, art.6
F2: Word in S. 18(2)(b) repealed (1.11.1994) by 1994 c. 29, s. 93, Sch. 9 Pt.II; S.I. 1994/2594, art.7
F3: S. 18(2)(c)-(e) substituted for s. 18(2)(c) (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 3(b); S.I. 1994/2594, art.6
F4: Words substituted by Magistrates' Courts Act 1980 (c.43, SIF 82), s. 154(1), Sch. 7 para. 192

Subordinate legislation made

P1: S. 18: power exercised by S.I. 1991/1966.

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.