Section 23 Powers and duties of committee as to petty sessional divisions.
England and Wales
Subject to the provisions of this and the next following section, a magistrates’ courts committee F1. . . may at any time submit to the F2Lord Chancellor a draft order making such provision about the division of F3their area or any part thereof into petty sessional divisions as the committee think fit.
It shall be the duty of such a committee, if directed to do so by the Lord Chancellor, to review the division of F4their area, or any part thereof into petty sessional divisions and, on completion of the review, to submit to the Lord Chancellor either a draft order under subsection (1) above or a report giving reasons for making no change.
Subject to the provisions of this and the next following section—
where such a committee submit a draft order to the Lord Chancellor under this section, he may by statutory instrument make the order either in the terms of the draft or with such modifications as he thinks fit; and
where such a committee fail to comply within six months with a direction of the Lord Chancellor under subsection (2) above, or the Lord Chancellor is dissatisfied with the draft order or report submitted in pursuance of such a direction, he may by statutory instrument make such order as he thinks fit about the division into petty sessional divisions of the area to which the direction related.
An order under this section may provide for F5an area ceasing to be divided into petty sessional divisions, and a direction under subsection (2) above may be given with respect to the division of an area which is not for the time being so divided.
Any order under this section may contain transitional and other consequential provisions.
Annotations
Textual amendments
- F1
Words in s. 23(1) repealed (1.11.1994) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 6(2)(a), Sch. 9 Pt.II; S.I. 1994/2594, art.6
- F2
Words in s. 23(1)(2)(3)(a)(b) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).
- F3
Words in s. 23(1) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 6(2)(b); S.I. 1994/2594, art.6
- F4
Words in s. 23(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 6(3); S.I. 1994/2594, art.6
- F5
Words in s. 23(4) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 6(4); S.I. 1994/2594, art.6
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Act repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt.I (with savings in Sch. 4 Pt.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.