Section 64 Disqualification in certain cases of justices who are members of local authorities.C2
England and Wales
A justice of the peace who is a member of a local authority . . . F1shall not act as a member of the Crown Court or of a magistrates’ court in any proceedings brought by or against, or by way of appeal from a decision of, the authority or any committee or officer of the authority.
For the purposes of subsection (1) above—
any reference to a committee of a local authority includes a joint committee, joint board, joint authority or other combined body of which that authority is a member or on which it is represented; and
any reference to an officer of a local authority refers to a person employed or appointed by the authority, or by a committee of the authority, in the capacity in which he is employed or appointed to act.
For the purposes of subsections (1) and (2) above, the Broads Authority F3and every National Park authority shall be deemed to be local authorities..
A justice of the peace who is a member of the Common Council of the City of London shall not act as a member of the Crown Court or of a magistrates’ court in any proceedings brought by or against, or by way of appeal from a decision of, the Corporation of the City or the Common Council or any committee or officer of the Corporation or Common Council; and subsection (2) above shall apply for the purposes of this subsection, with the substitution, for references to a local authority, of references to the Corporation or the Common Council.
Nothing in this section shall prevent a justice from acting in any proceedings by reason only of their being brought by a police officer.
No act shall be invalidated by reason only of the disqualification under this section of the person acting.
In this section “local authority” means a local authority within the meaning of the Local Government Act M11972 or the Local Government (Scotland) Act M21973, . . . F5F6a police authority established under F7section 3 of the Police Act 1996, a joint authority established by Part IV of the Local Government Act 1985 F8and a housing action trust established under Part III of the Housing Act 1988.
Annotations
Textual amendments
- F1
Words repealed by Local Government Act 1985 (c.51, SIF 81:1), ss. 84(1), 102, Sch. 14 para. 57(a), Sch. 17
- F2
S. 64(2A) added by Norfolk and Suffolk Broads Act 1988 (c.4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 20, Sch. 7
- F3
Words in s. 64(2A) substituted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 19; S.I. 1995/2950, art. 2(1)
- F4
S. 64(6) inserted by Local Government Act 1985 (c.51, SIF 81:1), s. 84(1), Sch. 14 para. 57(b)
- F5
Words repealed by Education Reform Act 1988 (c.40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
- F6
Words in s. 64(6) substituted (1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 54; S.I. 1994/3262, art. 4(1), Sch.
- F7
Words in s. 64(6) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104, Sch. 7 Pt. I para. 1(2)(o)
- F8
Words added by Housing Act 1988 (c.50, SIF 61), s. 140, Sch. 17 para. 27
Marginal citations
Modifications
- C1
S. 64(6) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(q) and S.I. 1987/2110, art. 2, Sch. 1 para. 8(m)
- C2
S. 64 amended by Local Government Act 1985 (c.51, SIF 81:1), ss. 57(7), 99, Sch. 13 para. 13(i)
S. 64 extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 20(h)
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)