Section 39B Non-compliance with code.F1C1
England and Wales
The Lord Chancellor may make an order under subsection (2) below if he is of the opinion that—
a member of a magistrates’ courts committee; or
a member of a selection panel for choosing members of such a committee,
has, without reasonable excuse, failed to observe the code.
An order under this subsection shall state that the Lord Chancellor is of the opinion mentioned in subsection (1) above and may provide either or both of the following—
that, on the making of the order, the person is to cease to be a member of the committee or selection panel concerned or to cease to be such a member for a specified period; or
that, for a specified period, the person may not be appointed (or co-opted) as a member of any magistrates’ courts committee or any selection panel for choosing members of such a committee.
The Lord Chancellor may by regulations made by statutory instrument make provision for the purpose of establishing whether persons have failed to observe the code.
A statutory instrument containing regulations made by virtue of subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Annotations
Textual amendments
- F1
S. 39B and sidenote inserted (27.9.1999) by 1999 c. 22, ss. 86, 108(3)(c) (with Sch. 14 para. 7(2))
Modifications
- C1
S. 39B modified (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 para. 32(2) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(i)
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Act repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 6(4), 109(3), 110(1), Sch. 10; S.I. 2005/910, art. 3(aa) (with transitional provisions and savings in S.I. 2005/911)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)