Section 66 Disqualification in certain cases of justices who are members of local authorities.

England and Wales

(1)

A justice of the peace who is a member of a local authority 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 authority F1, any committee or officer of the authority or in the case of a local authority which are operating executive arrangements the executive of that authority or any person acting on behalf of that executive.

(2)

For the purposes of subsection (1) above—

(a)

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

(b)

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.

(3)

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.

(4)

Subsection (2) above applies for the purposes of subsection (3) above with the substitution, for references to a local authority, of references to the Corporation or the Common Council.

(5)

Nothing in this section prevents a justice from acting in any proceedings by reason only of their being brought by a police officer.

(6)

No act shall be invalidated by reason only of the disqualification under this section of the person acting.

(7)

In this section “local authority” means—

(a)

a local authority within the meaning of the M1Local Government Act 1972 or the M2Local Government (Scotland) Act 1973;

(b)

a police authority established under section 3 of the M3Police Act 1996;

F2(bza)

the Metropolitan Police Authority;

F3(ba)

the Service Authority for the National Criminal Intelligence Service;

(bb)

the Service Authority for the National Crime Squad;

(c)

a joint authority established by Part IV of the M4Local Government Act 1985;

F4(cc)

the London Fire and Emergency Planning Authority;

(d)

a housing action trust established under Part III of the M5Housing Act 1988;

(e)

the Broads Authority; and

(f)

a National Park authority.

F5(8)

In this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.

Annotations

Textual amendments

F1: Words in s. 66(1) substituted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 33(a) and by The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (Wales) Order 2002 (S.I. 2002/808), art. 32(a)
F2: S. 66(7)(bza) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 108 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
F3: S. 66(7)(ba)(bb) inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 92; 1998/354, art. 2(2)(ay)
F4: S. 66(7)(cc) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 62 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)
F5: S. 66(8) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 33(b) and by The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (Wales) Order 2002 (S.I. 2002/808), art. 32(b)

Marginal citations

M1: 1972 c. 70.
M2: 1973 c. 65.
M3: 1996 c. 16.
M4: 1985 c. 51.
M5: 1988 c. 50.

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)