{
  "url": "https://openlegislation.uk/justices-of-the-peace-size-and-chairmanship-of-bench-rules-2002/note",
  "json_url": "https://openlegislation.uk/justices-of-the-peace-size-and-chairmanship-of-bench-rules-2002/note.json",
  "legislation": "uksi/2002/193",
  "legislation_title": "The Justices of the Peace (Size and Chairmanship of Bench) Rules 2002",
  "legislation_url": "https://openlegislation.uk/justices-of-the-peace-size-and-chairmanship-of-bench-rules-2002",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Rules)\nThese Rules replace the Justices of the Peace (Size and Chairmanship of Bench) Rules 1995 (“the 1995 Rules”). They reproduce some of the provisions of the 1995 Rules and introduce new provisions.\nThe new provisions are:\nintroduction of a postal ballot for the election of chairman and deputy chairman of the justices following receipt of nominations (rules 5 and 6);\nintroduction of a preferential voting system for such elections (rules 6, 7 and 8);\na new maximum period of office for chairman (3 years unless at least 6 years have elapsed since he last held office but no more than 6 years) and deputy chairman (6 years) (rule 12);\nthe justices' chief executive is responsible for convening the election meeting and conducting the elections (rules 5 to 13). He can appoint a nominee to perform these functions (rule 19);\nintroduction of a postal ballot for filling vacancies in the office of chairman or deputy chairman (rule 13);\nreplacement of chairmanship committees by bench training and development committees (“BTDCs”) (rule 14).\nBTDCs have the same functions as chairmanship committees in that they must compile a list annually of justices approved to preside in court but the BTDCs must regularly review that list and may amend it at any time. The Rules provide that there shall be 3, 6 or 9 members of a BTDC as determined by the justices for a petty sessions area.\nThe following provisions of the 1995 Rules have been reproduced:\nthe rule that the maximum number of justices dealing with a case as a magistrates' court (apart from youth courts, family proceedings courts, licensing and betting licensing committees) is three (rule 3); and\nthe requirement that the justices for a petty sessions area hold an election meeting every year in October (rule 10).\nIn addition there are provisions for holding elections at the election meeting where there are no or insufficient nominations for chairman or deputy chairman; or insufficient first choice votes for deputy chairmen (rules 8(7) and 9).\nTransitional provisions provide that appointments made under the 1995 Rules will continue until 31st December 2002 and the 1995 Rules will apply to those appointments (rule 21).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2002/193/note",
    "retrieved_at": "2026-10-29T07:16:08.613732+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}