Section 10D Power to discharge functions exercisable by two justices.F1

England and Wales

(1)

A District Judge (Magistrates’ Courts), sitting in a place appointed for the purpose, shall have power—

(a)

to do any act; and

(b)

to exercise alone any jurisdiction,

which can be done or exercised by two justices, including any act or jurisdiction expressly required to be done or exercised by justices sitting or acting in petty sessions.

(2)

Subsection (1) above does not apply where the law under which the act or jurisdiction can be done or exercised was made after 2nd August 1858 and contains express provision contrary to that subsection.

(3)

Any statutory provision auxiliary to the jurisdiction exercisable by two justices of the peace shall apply also to the jurisdiction of a District Judge (Magistrates’ Courts).

(4)

Subsections (1) and (3) above do not apply where the act or jurisdiction relates to the grant or transfer of any licence.

(5)

Any authority or requirement in any enactment for persons to be summoned or to appear at petty sessions in any case shall include authority or a requirement in such a case for persons to be summoned or to appear before a District Judge (Magistrates’ Courts) at the place appointed for his sitting.

(6)

Nothing in this section applies to the hearing or determination of family proceedings within the meaning of section 65 of the Magistrates’ Courts Act 1980.

Annotations

Textual amendments

F1: Ss. 10A-10E substituted (31.8.2000) for ss. 11-20 by 1999 c. 22, s. 78(1) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

Notes on the whole Act

Textual amendments

F1: Act repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 6(4), 109(3), 110(1), Sch. 10; S.I. 2005/910, art. 3(aa) (with transitional provisions and savings in S.I. 2005/911)

Notes on District Judges (Magistrates’ Courts)

Textual amendments

F1: Heading substituted (31.8.2000) by 1999 c. 22, s. 78(1) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)