Section 24B Procedure relating to s. 24A.

England and Wales

(1)

Before submitting to the F1Lord Chancellor a draft order under section 24A of this Act, a magistrates’ courts committee—

(a)

shall consult the council of the non-metropolitan county, F2unitary districtF3, county borough in Wales or F4London borough concerned and the magistrates of the petty sessions area to which their proposals relate; and

(b)

after complying with paragraph (a) above, shall send a copy of their proposals to every interested authority and take into consideration any objections made in the prescribed manner and within the prescribed time.

(2)

A magistrates’ courts committee submitting to the Lord Chancellor a draft order under section 24A of this Act shall comply with such requirements (if any) as to notice as may be prescribed; and the Lord Chancellor, before making an order under that section otherwise than in accordance with a draft submitted to him by the magistrates’ court committee, shall send a copy of his proposals to the committee, to the council of the non-metropolitan county, unitary district, county borough in Wales or London borough concerned and, if a non-metropolitan county F5in England is concerned, every interested authority.

(3)

Before making any order under section 24A of this Act the Lord Chancellor shall take into consideration any objections made in the prescribed manner and within the prescribed time, and may cause a local inquiry to be held.

(4)

For the purposes of this section—

(a)

“interested authority” , in relation to any order or draft order concerning a non-metropolitan county in England, means the council of any district in the county F6(other than a unitary district) which is wholly or partly included in the area to which the order or draft order relates; and

(b)

an order shall be deemed to be made in accordance with a draft order if either it is made in terms of the draft order or the departures from the draft order do not, in the opinion of the Lord Chancellor, effect important alterations in the draft order.

Annotations

Textual amendments

F1: Words in s. 24B(1)(2)(3)(4)(b) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).
F2: Words in s. 24B(1)(a)(2) substituted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(6)(a)
F3: Words in s. 24B(1)(a)(2) inserted (1.4.1996) by S.I. 1996/675, art. 2, Sch. Pt. I para. 1(4)
F4: Words in s. 24B(1)(a)(2) substituted (1.11.1994) by 1994 c. 29, s. 91, Sch. 8 Pt. I para. 9; S.I. 1994/2594, art. 6
F5: Words in s. 24B(2)(4)(a) inserted (1.4.1996) by S.I. 1996/675, art. 2, sch. Pt. I para. 1(4)
F6: Words in s. 24B(4)(a) inserted (1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. I para. 1(6)(b)

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.