Section 34 Procedure relating to s. 33.

England and Wales

(1)

Before submitting to the Lord Chancellor a draft order or a report under section 33 above about any F1petty sessions area, a magistrates’ courts committee—

(a)

shall consult—

(i)

every relevant council; and

(ii)

the magistrates for F2 . . . the area; and

(b)

in the case of a draft order which relates to any district which is not a unitary district, after complying with paragraph (a) above, shall send a copy of their proposals to every relevant district council 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 or a report under section 33 above shall comply with such requirements (if any) as to notice as may be prescribed.

(3)

Before making an order under F3section 4(2) above which makes an alteration of a petty sessions area otherwise than in accordance with a draft submitted to him by the magistrates’ courts committee, the Lord Chancellor shall send a copy of his proposals to—

(a)

the magistrates’ courts committee;

(b)

every relevant council;

(c)

the magistrates for F4 . . . the area; and

(d)

if the proposals relate to any district which is not a unitary district, every relevant district council.

(4)

Before making any order under F5section 4(2) above which makes an alteration of a petty sessions area, 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.

(5)

For the purposes of this section—

(a)

“relevant council”, in relation to an order, a draft order or a report, means any council of—

(i)

a county;

(ii)

a county borough;

(iii)

a unitary district; or

(iv)

a London borough,

which includes all or part of the area to which the order, draft order or report relates;

(b)

“relevant district council”, in relation to an order or draft order about any area, means any council of a district, other than a unitary district, which includes all or part of the area;

(c)

“prescribed” means prescribed by regulations made by the Lord Chancellor by statutory instrument; and

(d)

an order shall be taken to be made in accordance with a draft order if it is made in terms of the draft order or any 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. 34(1) inserted (27.9.1999) by 1999 c. 22, ss. 75(3)(a), 108(3)(c) (with Sch. 14 para. 7(2))
F2: Words in s. 34(1)(a)(ii) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(d)(iii)
F3: Words in s. 34(3) substituted (27.9.1999) by 1999 c. 22, ss. 75(3)(b), 108(3)(c) (with Sch. 14 para. 7(2))
F4: Words in 34(3)(C) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(d)(iii)
F5: Words in s. 34(4) substituted (27.9.1999) by 1999 c. 22, ss. 75(3)(c), 108(3)(c) (with Sch. 14 para. 7(2))

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 Greater London

Textual amendments

F1: Ss. 30A-30C inserted (27.9.1999 so far as relating to s. 30B and 1.3.2000 so far as relating to ss. 30A(1), 30C and otherwise 1.4.2001) by 1999 c. 22, s. 83(1) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(c)(i); S.I. 1999/3344, art. 3(a)(i) (with art. 4, Sch. 2); S.I. 2001/916, art. 2(a)(i) (subject to transitional provisions in Sch. 2 para. 2)